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

PubMed

Dahl, Hilde

2017-06-01

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

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

[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.

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

ERIC Educational Resources Information Center

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

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

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

PubMed

Di Landro, Andrea R

2012-06-01

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

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

PubMed

Iburg, U

2000-03-01

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

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

PubMed

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

2009-01-01

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

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.

Reprisal Under International Law: A Defense to Criminal Conduct?

DTIC Science & Technology

2009-03-25

that authority in denying a reprisal defense. In the trial of General Anton Dostler in October 1945, the Commission reaffirmed there could be no...experience. This causal proximity may be part of the calculus that supports a soldier’s 15 decision to reprise, and the soldier must know his decision...and Accountability Under International Law, 131. 26 Ibid., 133. 27 Trial of General Anton Dostler, United States Military Commission, Rome, 8-12

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.

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.

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.

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

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.

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.

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

PubMed

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

2017-01-01

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

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

ERIC Educational Resources Information Center

Menis, Susanna

2017-01-01

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

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.

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…

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

PubMed Central

2008-01-01

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

Civil and criminal liability for violation of environmental laws

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

McElveen, J.C.

1993-01-01

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

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

NASA Astrophysics Data System (ADS)

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

2017-04-01

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

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

PubMed

Zocchetti, C; Riboldi, L

2003-01-01

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

Neuroscientific and behavioral genetic information in criminal cases in the Netherlands

PubMed Central

de Kogel, C.H.; Westgeest, E.J.M.C.

2015-01-01

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

Suicide-related crimes in contemporary European criminal laws.

PubMed

Mäkinen, I H

1997-01-01

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

The 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

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

Code of Federal Regulations, 2010 CFR

2010-04-01

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

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

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

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

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

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…

Mentally disordered criminal offenders: legal and criminological perspectives.

PubMed

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

2009-01-01

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

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

EPA Pesticide Factsheets

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

Criminal Division - Alaska Department of Law

Science.gov Websites

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

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

PubMed

Mendelson, Danuta; Freckelton, Ian

2013-01-01

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

Addiction between therapy and criminalization.

PubMed

Birklbauer, Alois; Schmidthuber, Kathrin

2014-12-01

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

Criminal Justice in America.

ERIC Educational Resources Information Center

Croddy, Marshall; And Others

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

Reflections on international medical law.

PubMed

Wattad, Mohammed S; Hrevtsova, Radmyla Yu

2011-12-01

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

[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.

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

PubMed

Renzulli, Lorenzo

2017-01-01

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

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.

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

PubMed Central

Berryessa, Colleen M.

2015-01-01

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

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

PubMed

Berryessa, Colleen M

2014-01-01

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

International Satellite Law

NASA Astrophysics Data System (ADS)

von der Dunk, Frans

2017-07-01

International space law is generally considered to be a branch of public international law. In that sense, it constitutes a "subset of rules, rights and obligations of states within the latter specifically related to outer space and activities in or with respect to that realm." Dealing with an inherently international realm, much of it had been developed in the context of the United Nations, where the key treaties are even adhered to by all major space-faring countries. In addition, other sources—including not only customary international law but also such disputed concepts as "soft law" and political guidelines and recommendations—also contributed to the development of a general framework legal regime for all of mankind's endeavors in or with respect to outer space. Originally, this predominantly included scientific and military/security-related activities, but with the ongoing development of technology and a more practical orientation, it increasingly came to encompass many more civilian and, ultimately, even commercial activities, largely through downstream applications originating from or depending on space technology and space activities. Important here are the overarching, usually more theoretical aspects of international space law, which include how it was developed or continues to be developed, what special roles do "soft law" or the military aspects of space activities play in this regard, and how do national space laws (also) serve as a tool for interpretation of international space law. Also important is the special category of launches and other space operations in the sense of moving space objects safely into, through and—if applicable—back from outer space. Without such operations, space activities would be impossible, yet they bring with them special concerns; for instance, in terms of liability, the creation of space debris and even the legal status and possible commercialization of natural resources produced from celestial bodies. Finally

[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

[Criminal psychology in Franco's police].

PubMed

Bandrés, Javier; Llavona, Rafael; Zubieta, Eva

2013-02-01

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

25 CFR 11.902 - Non-criminal proceedings.

Code of Federal Regulations, 2010 CFR

2010-04-01

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

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.

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.

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

PubMed Central

McGaughey, W. M.

1963-01-01

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

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

Syllabus Design and Construction in Criminal Justice Education.

ERIC Educational Resources Information Center

Culbertson, Robert G.; Carr, Adam F.

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

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 a...

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 not...

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 not...

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, or...

50 CFR 665.906 - International law.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 50 Wildlife and Fisheries 13 2014-10-01 2014-10-01 false International law. 665.906 Section 665... National Monument § 665.906 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

50 CFR 665.906 - International law.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 50 Wildlife and Fisheries 13 2013-10-01 2013-10-01 false International law. 665.906 Section 665... National Monument § 665.906 International law. The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not...

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 a...

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 a...

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 a...

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... Monument § 665.966 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 not a citizen, national...

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... Monument § 665.966 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 not a citizen, national...

33 CFR 1.07-95 - Civil and criminal penalties.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

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.

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.

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

PubMed

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

2008-01-01

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

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

8 CFR 287.2 - Disposition of criminal cases.

Code of Federal Regulations, 2010 CFR

2010-01-01

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

Mentally disordered criminal offenders in the Swedish criminal system.

PubMed

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

2010-01-01

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

Criminal Justice in America. Second Edition.

ERIC Educational Resources Information Center

Croddy, Marshall; And Others

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

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

PubMed

Gavaghan, Colin; Bastani, Amir

2014-01-01

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

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…

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.

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.

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

NASA Astrophysics Data System (ADS)

Rochaeti, Nur; Pujiyono, Pujiyono

2018-05-01

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

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

PubMed

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

2014-01-01

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

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

PubMed

White, Ben; Willmott, Lindy; Allen, John

2010-05-01

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

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…

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

Globalization, international law, and emerging infectious diseases.

PubMed Central

Fidler, D. P.

1996-01-01

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

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

PubMed

Burman, Monica

2010-02-01

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

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)

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.…

Employee perceptions of protected area law enforcement

Treesearch

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

2006-01-01

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

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. Where...

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. Where...

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.

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,…

Clear Law Enforcement for Criminal Alien Removal Act of 2009

THOMAS, 111th Congress

Rep. Blackburn, Marsha [R-TN-7

2009-05-14

House - 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:

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…

25 CFR 11.410 - Criminal mischief.

Code of Federal Regulations, 2010 CFR

2010-04-01

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

12 CFR 590.101 - State criminal usury statutes.

Code of Federal Regulations, 2011 CFR

2011-01-01

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

12 CFR 590.101 - State criminal usury statutes.

Code of Federal Regulations, 2012 CFR

2012-01-01

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

12 CFR 190.101 - State criminal usury statutes.

Code of Federal Regulations, 2012 CFR

2012-01-01

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

12 CFR 590.101 - State criminal usury statutes.

Code of Federal Regulations, 2013 CFR

2013-01-01

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

12 CFR 190.101 - State criminal usury statutes.

Code of Federal Regulations, 2014 CFR

2014-01-01

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

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.

The Role of International Juridical Process in International Security and Civil-Military Relations

DTIC Science & Technology

2002-12-01

judged, although under domestic criminal law provisions, certainly in the light of the Nuremberg principles, e.g. the Eichmann case by the District...Court of Jerusalem in 1961, and the case of Klaus Barbie in France. Until today the application of international rules of war remains generally

The criminal purchase of firearm ammunition.

PubMed

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

2006-10-01

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

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

NASA Astrophysics Data System (ADS)

Rodic, V.

2017-05-01

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

Mental incapacity and criminal liability: Redrawing the fault lines?

PubMed

Peay, Jill

2015-01-01

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

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

International Law and the Society of Nations: An Introduction to Public International Law in the 1990s. Cases and Materials.

ERIC Educational Resources Information Center

King, Jason Scott, Ed.; Scurti, Jason, Ed.; And Others

This casebook on international law was developed by high school students around the globe and emphasizes the important role that students can play in furthering international law education. The text provides teachers and students with a summary review of 25 major cases heard by the International Court of Justice, along with additional materials.…

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

PubMed

Mykhalovskiy, Eric

2011-09-01

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

Criminal defense in Chinese courtrooms: an empirical inquiry.

PubMed

Liang, Bin; He, Ni Phil

2014-10-01

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

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

PubMed

Ferrazzi, Priscilla; Krupa, Terry

2015-09-01

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

Law enforcement suicide: a national analysis.

PubMed

Violanti, John M; Robinson, Cynthia F; Shen, Rui

2013-01-01

Previous research suggests that there is an elevated risk of suicide among workers within law enforcement occupations. The present study examined the proportionate mortality for suicide in law enforcement in comparison to the US working population during 1999, 2003-2004, and 2007, based on Centers for Disease Control and Prevention's National Institute for Occupational Safety and Health National Occupational Mortality Surveillance data. We analyzed data for all law enforcement occupations and focused on two specific law enforcement occupational categories-detectives/criminal investigators/ police and corrections officers. Suicides were also explored by race, gender and ethnicity. The results of the study showed proportionate mortality ratios (PMRs) for suicide were significantly high for all races and sexes combined (all law enforcement--PMR = 169, 95% CI = 150-191, p < 0.01, 264 deaths; detectives/criminal investigators/police--PMR = 182, 95% CI = 150-218, p < 0.01, 115 deaths; and corrections officers-PMR = 141, 95% CI = 111-178, p < 0.01, 73 deaths). Detectives/criminal investigators/police had the higher suicide risk (an 82% increase) compared to corrections officers (a 41% increase). When analyzed by race and sex, suicide PMRs for Caucasian males were significantly high for both occupations-detectives/ criminal investigators/police (PMR = 133; 95% CI = 108-162, p < 0.01; corrections officers--PMR = 134, 95% CI = 102-173, p < 0.01). A significantly high (PMR = 244, p < 0.01, 95% CI = 147-380) ratio was found among Hispanic males in the law enforcement combined category, and a similarly high PMR was found among Hispanic detectives/criminal investigators/police (PMR = 388, p < 0.01, 95% CI = 168-765). There were small numbers of deaths among female and African American officers. The results included significantly increased risk for suicide among detectives/criminal investigators/police and corrections officers, which suggests that additional study could provide

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

PubMed

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

2018-05-01

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

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 or...

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 or...

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

The criminal purchase of firearm ammunition

PubMed Central

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

2006-01-01

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

Growth and containment of a hierarchical criminal network

NASA Astrophysics Data System (ADS)

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

2016-02-01

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

Growth and containment of a hierarchical criminal network.

PubMed

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

2016-02-01

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

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

PubMed

Glenn, Andrea L; Raine, Adrian

2014-01-01

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

The successes and limitations of international law and the International Court of Justice.

PubMed

Suter, Keith

2004-01-01

The first two sections of this article deal with the irony that international law has severe limitations, yet it also has a good record for compliance. The third section introduces the International Court of Justice (ICJ), and the fourth section deals specifically with the limitations of the ICJ. The article concludes with some ideas for action. Its main point is that international law is often a neglected topic, even by non-governmental organisations (NGOs). International law needs to be brought in from the cold, and there should be more support from the NGO community for the ICJ.

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…

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

PubMed

Jackson, Shelly L; Hafemeister, Thomas L

2013-01-01

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

Domestic violence and the criminal justice system: an overview.

PubMed

Erez, Edna

2002-01-01

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

Emerging Trends in International Law Concerning Global Infectious Disease Control1

PubMed Central

2003-01-01

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

Pathological States and Criminal Responsibility

PubMed Central

Wilson, D. Laurence

1965-01-01

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

[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.

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

Code of Federal Regulations, 2014 CFR

2014-04-01

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

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

Code of Federal Regulations, 2013 CFR

2013-04-01

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

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

Code of Federal Regulations, 2011 CFR

2011-04-01

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

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

Code of Federal Regulations, 2012 CFR

2012-04-01

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

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

Code of Federal Regulations, 2010 CFR

2010-04-01

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

CRIMINAL ABORTION—A Consideration of Ways to Reduce Incidence

PubMed Central

Kummer, Jerome M.; Leavy, Zad

1961-01-01

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

The International Criminal Court as a Component of U.S. National Security Strategy

DTIC Science & Technology

2012-04-21

Security Strategy 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT NUMBER LTC Jonathan R. Hirsch, U.S. Army...98) Prescribed by ANSI Std. Z39.18 USAWC CIVILIAN RESEARCH PROJECT THE INTERNATIONAL CRIMINAL COURT AS A COMPONENT OF U.S...Security Strategy FORMAT: Civilian Research Project DATE: 21 April 2012 WORD COUNT: 11,629 PAGES: 46 KEY TERMS: Lawfare, Contractor

Cultural Cleavage and Criminal Justice.

ERIC Educational Resources Information Center

Scheingold, Stuart A.

1978-01-01

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

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

PubMed

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

2017-02-01

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

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

Code of Federal Regulations, 2013 CFR

2013-04-01

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

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

Code of Federal Regulations, 2011 CFR

2011-04-01

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

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

Code of Federal Regulations, 2014 CFR

2014-04-01

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

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

Code of Federal Regulations, 2012 CFR

2012-04-01

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

Individuals with bipolar disorder and their relationship with the criminal justice system: a critical review.

PubMed

Fovet, Thomas; Geoffroy, Pierre Alexis; Vaiva, Guillaume; Adins, Catherine; Thomas, Pierre; Amad, Ali

2015-04-01

Bipolar disorder is a severe and prevalent psychiatric disease. Poor outcomes include a high frequency of criminal acts, imprisonments, and repeat offenses. This critical review of the international literature examined several aspects of the complex relationship between individuals with bipolar disorder and the criminal justice system: risk factors for criminal acts, features of bipolar patients' incarceration, and their postrelease trajectories. Publications were obtained from the PubMed and Google Scholar electronic databases by using the following MeSH headings: prison, forensic psychiatry, criminal law, crime, and bipolar disorder. Among patients with bipolar disorder, the frequency of violent criminal acts is higher than in the general population (odds ratio [OR]=2.8, 95% confidence interval [CI]=1.8-4.3). The frequency is higher among patients with bipolar disorder and a comorbid substance use disorder than among those without either disorder (OR=10.1, CI=5.3-19.2). As a result, the prevalence of bipolar disorder among prisoners is high (2%-7%). In prison, patients' bipolar disorder symptoms can complicate their relationship with prison administrators, leading to an increased risk of multiple incarcerations. Moreover, the risk of suicide increases for these prisoners. Criminal acts are common among patients with bipolar disorder and are often associated with problems such as addiction. Thus it is important to improve the diagnosis and treatment of inmates with bipolar disorder.

International Megan's Law of 2009

THOMAS, 111th Congress

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

2009-03-19

House - 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:

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…

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.

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…

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:…

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,…

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.

Michigan Sex-Offender Law Has Educators in Uproar

ERIC Educational Resources Information Center

Maxwell, Lesli A.

2006-01-01

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

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

PubMed

Wright, Mona A; Wintemute, Garen J

2010-10-01

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

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

[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.

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

PubMed

Hoppe, Trevor

2014-01-01

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

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 a...

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 a...

22 CFR 1101.16 - Criminal penalties.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 2 2012-04-01 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 a...

Using Technology to Improve the Objectivity of Criminal Responsibility Evaluations.

PubMed

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

2018-03-01

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

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

PubMed

Stuhmcke, Anita

2011-03-01

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

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 in...

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 in...

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 in...

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 in...

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 in...

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 in...

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

PubMed

Amir, Menachem

2003-08-01

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

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

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

Code of Federal Regulations, 2014 CFR

2014-04-01

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

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

Code of Federal Regulations, 2010 CFR

2010-04-01

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

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

Code of Federal Regulations, 2011 CFR

2011-04-01

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

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

Code of Federal Regulations, 2012 CFR

2012-04-01

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

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

Code of Federal Regulations, 2013 CFR

2013-04-01

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

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…

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

Code of Federal Regulations, 2011 CFR

2011-10-01

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

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

Code of Federal Regulations, 2013 CFR

2013-10-01

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

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

Code of Federal Regulations, 2012 CFR

2012-10-01

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

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

Code of Federal Regulations, 2014 CFR

2014-10-01

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

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

ERIC Educational Resources Information Center

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

2013-01-01

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

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…

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…

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

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-21

... 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...; federalism and international law; and the possibility of a new Restatement of Foreign Relations Law. Members...

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

PubMed

Germann, Urs

2014-01-01

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

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…

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

PubMed

Petrucci, Carrie J

2002-01-01

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

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

PubMed

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

2010-08-01

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

Social Studies: Law Education.

ERIC Educational Resources Information Center

Curriculum Review, 1979

1979-01-01

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

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

ERIC Educational Resources Information Center

Heuer, Janet; Coggins, Porter E.

2017-01-01

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

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

Federal Register 2010, 2011, 2012, 2013, 2014

2013-11-25

... Law A meeting of the Department of State's Advisory Committee on International Law will take place on... Law School (Frederick Lawrence Student Conference Center), 2000 H Street NW., Washington, DC. Acting... Director, Advisory Committee on International Law, United States Department of State. [FR Doc. 2013-28232...

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.

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 the...

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 or...

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 the...

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 the...

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

PubMed

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

2015-01-01

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

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

ERIC Educational Resources Information Center

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

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

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

NASA Astrophysics Data System (ADS)

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

2017-10-01

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

Effects of international law on migration policy and practice: the uses of hypocrisy.

PubMed

Martin, D A

1989-01-01

Classical learning recognizes no role for international law in affecting migration policy and practice, but in modern times the salutary effects are increasing, although they remain modest. International law influences migration policy primarily through effective invocation of various forms of "soft law" in internal and international political forums. More limited prospects exist for beneficial changes enforced by international institutions and domestic courts. The article cautions against inflated expectations in the latter settings, however, particularly because overly ambitious claims can be counterproductive. It then offers a few predictions about near-term effects of international law, having to do with departures from a country, refugee law, and the integration of migrants into their new homelands.

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)

GAMING LAW ENFORCEMENT AND CRIMINAL JUSTICE PROBLEMS,

DTIC Science & Technology

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

[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.

49 CFR 1542.217 - Law enforcement personnel.

Code of Federal Regulations, 2010 CFR

2010-10-01

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

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.

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

PubMed Central

Eckhardt, Jappe; Elsig, Manfred

2015-01-01

In this article we compare United States and European Union 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

Public attitudes toward legally coerced biological treatments of criminals.

PubMed

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

2016-12-01

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

An alternative to Zoe's Law.

PubMed

Dalmau, James

2015-03-01

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

The law and neuroscience.

PubMed

Gazzaniga, Michael S

2008-11-06

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

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

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.

76 FR 44757 - Blocking Property of Transnational Criminal Organizations

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-27

... Property of Transnational Criminal Organizations By the authority vested in me as President by the... America, find that the activities of significant transnational criminal organizations, such as those... of international political and economic systems. Such organizations are becoming increasingly...

Know Your Laws. Italian.

ERIC Educational Resources Information Center

Watson, Joan Q.

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

Know Your Laws. Czechoslovakian.

ERIC Educational Resources Information Center

Watson, Joan Q.; Ziembinski, Vera

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

Know Your Laws. Polish.

ERIC Educational Resources Information Center

Watson, Joan Q.; Kopania, Margaret

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

Know Your Laws. French.

ERIC Educational Resources Information Center

Watson, Joan Q.; Ledun, Andree

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

Know Your Laws. German.

ERIC Educational Resources Information Center

Watson, Joan Q.; Karch, Hannelore

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

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

PubMed

Kent, Stephanie L; Carmichael, Jason T

2015-07-01

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

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

PubMed

Cohen, Ziv E; Appelbaum, Paul S

2016-03-01

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

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2012 CFR

2012-07-01

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

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2011 CFR

2011-07-01

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

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

28 CFR 20.24 - State laws on privacy and security.

Code of Federal Regulations, 2013 CFR

2013-07-01

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

Public attitudes toward legally coerced biological treatments of criminals

PubMed Central

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

2016-01-01

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

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…

International Law Studies. The War in Iraq: A Legal Analysis. Violume 86

DTIC Science & Technology

2010-01-01

AND ADDRESS(ES) Naval War College,International Law Studies ,686 Cushing Road ,Newport,RI,02841-1207 8. PERFORMING ORGANIZATION REPORT NUMBER 9...ABSTRACT unclassified c. THIS PAGE unclassified Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std Z39-18 International Law Studies Volume...INTERNATIONAL LAW STUDIES SERIES PRESIDENT, NAVAL WAR COLLEGE Rear Admiral James P. Wisecup, USN PROVOST, NAVAL WAR COLLEGE Ambassador Mary Ann Peters (Ret

A Case for Criminal Enforcement of Federal Environmental Laws

DTIC Science & Technology

1989-02-19

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

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

Code of Federal Regulations, 2010 CFR

2010-10-01

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

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

Code of Federal Regulations, 2011 CFR

2011-10-01

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

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.

Laws for Young Mountaineers.

ERIC Educational Resources Information Center

Kanawha County Board of Education, Charleston, WV.

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

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

PubMed

Pearshouse, Richard

2009-05-01

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

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

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

Shrader-Frechette, K.

1986-06-01

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

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.

Juvenile crime and criminal justice: resolving border disputes.

PubMed

Fagan, Jeffrey

2008-01-01

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

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

PubMed

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

2003-12-01

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

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

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-24

... 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... accountability mechanisms; the Arctic region and the Law of the Sea Convention; and national security in the...

Alaska Department of Law

Science.gov Websites

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

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

ERIC Educational Resources Information Center

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

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

Changes to criminal records checks used to safeguard vulnerable patients.

PubMed

Griffith, Richard; Tengnah, Cassam

2012-07-01

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

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2011 CFR

2011-07-01

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

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

Prevalence and attributes of criminality in patients with schizophrenia.

PubMed

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

2015-01-01

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

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

NASA Astrophysics Data System (ADS)

Zimmerman, Alan P.

1997-02-01

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

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

PubMed

Smiley, CalvinJohn; Fakunle, David

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

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

ERIC Educational Resources Information Center

Forst, Martin L.

1977-01-01

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

Criminal allegations in disciplinary cases involving health practitioners.

PubMed

Manning, Joanna

2008-12-01

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

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

PubMed

Curran, Douglas S

2009-03-01

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

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

PubMed

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

2006-08-01

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

Influenza Virus Samples, International Law, and Global Health Diplomacy

PubMed Central

2008-01-01

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

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

NASA Astrophysics Data System (ADS)

Singh, Avinash Kumar; Nandi, G. C.

2017-01-01

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

26 CFR 301.7623-1 - Rewards for information relating to violations of internal revenue laws.

Code of Federal Regulations, 2010 CFR

2010-04-01

... of internal revenue laws. 301.7623-1 Section 301.7623-1 Internal Revenue INTERNAL REVENUE SERVICE... to violations of internal revenue laws. (a) In general. In cases where rewards are not otherwise provided for by law, a district or service center director may approve a reward, in a suitable amount, for...

20 CFR 638.805 - Security and law enforcement.

Code of Federal Regulations, 2012 CFR

2012-04-01

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

20 CFR 638.805 - Security and law enforcement.

Code of Federal Regulations, 2010 CFR

2010-04-01

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

Criminal behavior in frontotemporal dementia and Alzheimer disease.

PubMed

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

2015-03-01

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

Information Warfare and International Law

DTIC Science & Technology

1998-01-01

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...international law where those dictates endanger or conflict with the pursuit of their fundamental interests , including national security. The Legal...34war," and may not be covered by the humanitarian provisions that attempt to lessen war’s cruelty.28 FIGURE 3 The Purpose of This Book The

45 CFR 5.68 - Exemption seven: Law enforcement.

Code of Federal Regulations, 2012 CFR

2012-10-01

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

45 CFR 5.68 - Exemption seven: Law enforcement.

Code of Federal Regulations, 2014 CFR

2014-10-01

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

45 CFR 5.68 - Exemption seven: Law enforcement.

Code of Federal Regulations, 2013 CFR

2013-10-01

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

45 CFR 5.68 - Exemption seven: Law enforcement.

Code of Federal Regulations, 2011 CFR

2011-10-01

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

Law Enforcement School Programs. Fact Sheet

ERIC Educational Resources Information Center

Arkansas Safe Schools Initiative Division, 2010

2010-01-01

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

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

PubMed

de Martel, Annick

2003-06-01

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

The LIC Planners’s Guide (LPG)

DTIC Science & Technology

1992-03-01

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

50 CFR 600.514 - Relation to other laws.

Code of Federal Regulations, 2012 CFR

2012-10-01

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

50 CFR 600.514 - Relation to other laws.

Code of Federal Regulations, 2013 CFR

2013-10-01

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

50 CFR 600.514 - Relation to other laws.

Code of Federal Regulations, 2014 CFR

2014-10-01

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

50 CFR 600.514 - Relation to other laws.

Code of Federal Regulations, 2010 CFR

2010-10-01

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

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.

43 CFR 422.3 - Reclamation law enforcement policy.

Code of Federal Regulations, 2011 CFR

2011-10-01

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

43 CFR 422.3 - Reclamation law enforcement policy.

Code of Federal Regulations, 2010 CFR

2010-10-01

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

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

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

Not Available

1981-02-01

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

Criminal Behavior in Frontotemporal Dementia and Alzheimer Disease

PubMed Central

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

2015-01-01

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

32 CFR 636.17 - Compliance with State laws.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

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

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-13

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

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.

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2013 CFR

2013-07-01

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

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2012 CFR

2012-07-01

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

32 CFR 634.26 - Traffic law enforcement principles.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

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

Code of Federal Regulations, 2010 CFR

2010-01-01

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

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

PubMed

Sinha, Sudhinta

2016-01-01

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

Know Your Laws.

ERIC Educational Resources Information Center

Watson, Joan Q.

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

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

... 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 discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...

Secondary harm mitigation: A more humanitarian framework for international drug law enforcement.

PubMed

Blaustein, Jarrett; McLay, Miki; McCulloch, Jude

2017-08-01

This article introduces the concept of 'secondary harm mitigation' as a framework for improving the humanitarian credentials of international drug law enforcement agencies. The concept is rooted in a critical analysis of the compatibility of the harm reduction philosophy with Australia's international drug law enforcement practices. On a utilitarian level, the net benefits of international drug law enforcement are determined to be, at best inconclusive, arguably counterproductive and in most cases, incalculable. On a humanitarian level, international drug law enforcement is also determined to be problematic from a criminological standpoint because it generates secondary harms and it is indifferent to the vulnerability of individuals who participate in illicit drug trafficking. Accordingly, the article concludes that a philosophy of harm reduction grounded in the public health perspective is inadequate for mitigating secondary harms arising from Australia's efforts to combat international illicit drug trafficking. A tentative list of secondary harm mitigation principles is presented and the article argues that secondary harm mitigation should replace supply reduction as a core tenet of Australia's National Drug Strategy. The article also concludes that secondary harm mitigation may provide a viable framework for stimulating a productive dialogue between those who advocate prohibition and those who call for decriminalisation at the global level. Copyright © 2017 Elsevier B.V. All rights reserved.

Law in Translation: Challenges and Opportunities in Teaching International Students in Business Law and Legal Environment Courses

ERIC Educational Resources Information Center

Dove, Laura R.; Bryant, Natalie P.

2016-01-01

The purpose of this article is to outline the unique challenges faced by international students enrolled in business law or legal environment of business courses. It is also imperative to recognize the numerous opportunities that instructors can create in business law classrooms that will enhance the experience of all students given the…

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)

49 CFR 1542.209 - Fingerprint-based criminal history records checks (CHRC).

Code of Federal Regulations, 2010 CFR

2010-10-01

...) Violence at international airports; 18 U.S.C. 37. (28) Conspiracy or attempt to commit any of the criminal... medium to the issuer. (2) Each individual with unescorted access authority who has a disqualifying criminal offense must report the offense to the airport operator and surrender the SIDA access medium to...

49 CFR 1542.209 - Fingerprint-based criminal history records checks (CHRC).

Code of Federal Regulations, 2014 CFR

2014-10-01

...) Violence at international airports; 18 U.S.C. 37. (28) Conspiracy or attempt to commit any of the criminal... medium to the issuer. (2) Each individual with unescorted access authority who has a disqualifying criminal offense must report the offense to the airport operator and surrender the SIDA access medium to...

49 CFR 1542.209 - Fingerprint-based criminal history records checks (CHRC).

Code of Federal Regulations, 2011 CFR

2011-10-01

...) Violence at international airports; 18 U.S.C. 37. (28) Conspiracy or attempt to commit any of the criminal... medium to the issuer. (2) Each individual with unescorted access authority who has a disqualifying criminal offense must report the offense to the airport operator and surrender the SIDA access medium to...

49 CFR 1542.209 - Fingerprint-based criminal history records checks (CHRC).

Code of Federal Regulations, 2012 CFR

2012-10-01

...) Violence at international airports; 18 U.S.C. 37. (28) Conspiracy or attempt to commit any of the criminal... medium to the issuer. (2) Each individual with unescorted access authority who has a disqualifying criminal offense must report the offense to the airport operator and surrender the SIDA access medium to...

49 CFR 1542.209 - Fingerprint-based criminal history records checks (CHRC).

Code of Federal Regulations, 2013 CFR

2013-10-01

...) Violence at international airports; 18 U.S.C. 37. (28) Conspiracy or attempt to commit any of the criminal... medium to the issuer. (2) Each individual with unescorted access authority who has a disqualifying criminal offense must report the offense to the airport operator and surrender the SIDA access medium to...

[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.

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

PubMed

Hoang, Khanh; Reich, Sudrishti

2017-01-01

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

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)

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

PubMed Central

Sinha, Sudhinta

2016-01-01

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

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

Code of Federal Regulations, 2010 CFR

2010-07-01

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

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

PubMed

Valcore, Jace L

2017-09-15

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

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

Federal Register 2010, 2011, 2012, 2013, 2014

2010-11-19

... DEPARTMENT OF STATE [Public Notice: 7233] Notice of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December... the public up to the capacity of the meeting room. It is anticipated that the agenda of the meeting...

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

PubMed

Savopoulos, Priscilla; Lindell, Annukka K

2018-02-15

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

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

Code of Federal Regulations, 2014 CFR

2014-01-01

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

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

Code of Federal Regulations, 2013 CFR

2013-01-01

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

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

Code of Federal Regulations, 2012 CFR

2012-01-01

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

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

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

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

Croatti, R.D.

1994-10-15

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

Counternetwork: Countering the Expansion of Transnational Criminal Networks

DTIC Science & Technology

2017-01-01

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

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

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-30

... International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday.... Young Faculty Conference Center, George Washington University Law School, 2000 H Street NW., Washington...

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

Code of Federal Regulations, 2010 CFR

2010-01-01

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

Targeting International Terrorism with the Law of Armed Conflict: An Alternative Strategy

DTIC Science & Technology

1991-02-11

AD-A236 582 D TIC III IBII IH IH JUNI 1. 1991. (Unclassified Paper) NAVAL WAR COLLEGE Newport, R.I. TARGETING INTERNATIONAL TERRORISM WITH THE LAW OF...11. TITLE OWN11110 Secrty Ceu4ifction) TARGETING INTERNATIONAL TERRORISM WITH THE LAW OF ARMED CONFLICT: AN ALTERNATIVE STRATEGY (1.) 12, PERSONAL...lawegieforcoperatiosb re forcdaigwt nes.nItiofurther rorimmendgfral rbetos msesnt ofte thkede easuc-tresa en ocnrotadrsodttate-sponsored terrorism . Ti a

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

PubMed Central

Smiley, CalvinJohn; Fakunle, David

2016-01-01

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

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

ERIC Educational Resources Information Center

Allen, Rodney F., Ed.

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

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

ERIC Educational Resources Information Center

Reinhardt, William R.

2010-01-01

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

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

PubMed

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

2014-08-01

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

International Humanitarian Law: The legal framework for humanitarian forensic action.

PubMed

Gaggioli, Gloria

2018-01-01

In armed conflicts, death is not an exceptional occurrence, but becomes the rule and occurs on a daily basis. Dead bodies are sometimes despoiled, mutilated, abandoned without any funeral rite and without a decent burial. Unidentified remains may be counted by hundreds or thousands. As a result, families look for years for missing relatives, ignorant of the fate of their loved ones. International Humanitarian Law, also called the laws of war or the law of armed conflict, is an international law branch, which has been developed to regulate and, as far as possible, to humanize armed conflicts. It contains a number of clear and concrete obligations incumbent to belligerent parties on the management of dead bodies, which provide the legal framework for humanitarian forensic action. The purpose of this article is to present, in a simple and concise manner, these rules with a view to extrapolate some key legal principles, such as the obligation to respect the dignity of the dead or the right to know the fate of relatives, which shall guide anyone dealing with human remains. Copyright © 2017 Elsevier B.V. All rights reserved.

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

Code of Federal Regulations, 2010 CFR

2010-04-01

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

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

Code of Federal Regulations, 2012 CFR

2012-04-01

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

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

Code of Federal Regulations, 2013 CFR

2013-04-01

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

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

Code of Federal Regulations, 2014 CFR

2014-04-01

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

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

Code of Federal Regulations, 2011 CFR

2011-04-01

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

Medical negligence and the law.

PubMed

Murthy, K K S R

2007-01-01

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

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

ERIC Educational Resources Information Center

Hammett, Theodore M.

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

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

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-18

... punishment persons guilty of violating the internal revenue laws or conniving at the same. Section 7623(b... and punishment persons guilty of violating the internal revenue laws or conniving at the same, the IRS...

29 CFR 553.211 - Law enforcement activities.

Code of Federal Regulations, 2011 CFR

2011-07-01

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

29 CFR 553.211 - Law enforcement activities.

Code of Federal Regulations, 2013 CFR

2013-07-01

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

29 CFR 553.211 - Law enforcement activities.

Code of Federal Regulations, 2012 CFR

2012-07-01

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

29 CFR 553.211 - Law enforcement activities.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

Rethinking Conceptual Definitions of the Criminal Career and Serial Criminality.

PubMed

Edelstein, Arnon

2016-01-01

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

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

PubMed

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

2017-12-01

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

A Study of Risk Factors in Recidivistic Criminals

PubMed Central

Tiwari, S.C.; Gupta, S. C.; Shukla, Seema; Srivastava, Shipra; Pandey, Mamta; Maurya, Amit; Kumar, Aditya

2004-01-01

A study was carried out under the aegis of Indian Council of Medical Research, New Delhi with objectives to identify psychosocial, physical, psychiatric, anthropometric and psychometric risk factors in recidivistic criminals, which could predict a future recidivistic criminal. The paper presents study observations on 250 experimental, 250 control-1 and 250 control-2 subjects. Experimental and control-1 subjects were recruited from district jails of Uttar Pradesh and control-2 from the community. Pretested Semi-structured proformae, Verghese and Beig Symptoms Checklist, International Personality Disorder Examination module, Hostility and Direction of Hostility Questionnaire, Rorschach Ink Blot Test and Standard Anthropometric instruments were used to collect data on study probands. All the three groups were compared using Analysis of Variance and Chi-Square Test. The results highlight a number of psycho-social, psychiatric, psychometric and anthropometric factors which were found to have significant association with recidivistic criminal behaviour. The findings would not only help in identifying future recidivistic criminals but can also be used for legal, judicial, interventional and corrective purposes. PMID:21408043

The Legality of Nuclear Weapons Employment under the International Humanitarian Law of Coercion Control.

DTIC Science & Technology

1987-01-01

fm$0 TELMT OF NUICLEMR IdERPONiS EMPLOYMENT UNDERTH 1/ I INTERNRTIOSEL NUIfI.. (U) AIR FORCE INST OF TECH I NRIONT-PATTERSON AFI ON R R PRICE 1967...Coercion Control c. Rank: Major d. Service: United States Air Force e. Date: 1987 I . Number of pages: 106 g. Degree awarded: Master ot Laws (LL.M.) in...33 A. Sources of International Humanitarian Law ............ 33 B. Use of Coercive Force Under International Law ..... 34 C. Basis Principles

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.).

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

PubMed

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

2005-08-01

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

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

PubMed

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

2015-11-01

Using a sample of 116 Japanese men who had been placed under parole/probationary supervision or released from prison, the present study examined standardization, reliability, and validation of the Japanese Criminal Thinking Inventory (JCTI) that was based on the short form of the Psychological Inventory of Criminal Thinking Styles (PICTS), a self-rating instrument designed to evaluate cognitive patterns specific to criminal conduct. An exploratory factor analysis revealed that four dimensions adequately captured the structure of the JCTI, and the resultant 17-item JCTI demonstrated high internal consistency. Compared with the Japanese version of the Buss-Perry Aggression Questionnaire (BAQ), the JCTI showed a favorable pattern of criterion-related validity. Prior criminal environment and drug abuse as the most recent offense also significantly correlated with the JCTI total score. Overall, the JCTI possesses an important implication for offender rehabilitation as it identifies relevant cognitive targets and assesses offender progress. © The Author(s) 2014.

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

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-17

... DEPARTMENT OF STATE [Public Notice 7545] U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday...

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

ERIC Educational Resources Information Center

Kelly, Cynthia A., Ed.

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

The International Law Program at Saint Louis University.

ERIC Educational Resources Information Center

Dore, Isaak

1996-01-01

Saint Louis University (Missouri) has designed an international law curriculum to inculcate in students the idea that the Kantian notion of nations naturally united by mutual self-interest is truer today than ever, to expose students to the challenges of globalization in preparation for decision-making, and to equip them with intellectual tools to…

Alcohol and the law.

PubMed

Karasov, Ariela O; Ostacher, Michael J

2014-01-01

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

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

ERIC Educational Resources Information Center

Gillen, John

2006-01-01

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

Paranoia in the criminal courts.

PubMed

Gunn, John; Buchanan, Alec

2006-01-01

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

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

ERIC Educational Resources Information Center

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

2007-01-01

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

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

ERIC Educational Resources Information Center

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

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

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

The United States’ Rejection of the International Criminal Court: A Strategic Error

DTIC Science & Technology

2008-05-09

30 19b. TELEPHONE NUMBER (include area code ) Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std. Z39.18 USAWC PROGRAM RESEARCH PROJECT THE UNITED...aggression is added to the ICC’s jurisdiction. Aggression as a war crime was charged at Nuremburg , and is a long standing concept in international law

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

ERIC Educational Resources Information Center

Gilham, Dan, Sr.

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

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.

[Decision procedures and international law].

PubMed

Mahiou, A

1992-01-01

This work examines the significance of international spaces in the ocean, the polar regions, the air, and beyond the atmosphere; the importance of their resources; and the prospects for communal management of them in the future. International spaces and resources are considered those over which 1 country cannot exercise any right of appropriation and over which all countries exercise exactly the same rights. International spaces are more extensive than national spaces, and their extension and potential richness of resources incite nations to attempt to exercise control over them. Concerns about the environment have contributed to development of the notion of a common patrimony of humanity and the consequent rejection of traditional concepts of total freedom of action of states in regard to common spaces and resources. The existing governance of international spaces and resources was guided by a few simple principles that assured free access, with only the problems of harmonizing the uses and interests of the concerned countries. The idea of a common patrimony of humanity is closely linked to development of the law of the sea, in which it received its most complete expression to date. The emergence and recognition of juridical principles relative to common spaces and resources has been a long and controversial process, and not all such principles have attracted the same degree of support among nations. Even when consensus has been achieved regarding 1 of the principles, divergent interpretations have been made concerning the content and scope of the principle or the regulations that should result from it. 6 principles can be identified concerning nonappropriation, the oldest and long the only principle regulating use of international spaces; peaceful utilization; rational utilization; equitable utilization; protection of spaces and resources; and joint international administration or management. An important question concerning the development of a structure for

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

PubMed

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

2010-04-01

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

[Science and law in courts].

PubMed

Tallacchini, Mariachiara

2014-01-01

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

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

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

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

1995-12-01

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

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

PubMed

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

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

Framing in criminal investigation

PubMed Central

2016-01-01

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

Comparative Productivity of Criminal Record Checks by Federal Investigators and Contractors

DTIC Science & Technology

2004-12-01

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

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

PubMed

Attaran, Amir

2015-06-01

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

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

PubMed Central

Attaran, Amir

2015-01-01

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

78 FR 36816 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-06-19

... DEPARTMENT OF STATE [Public Notice 8358] U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting of the Study Group on Family Law The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting of the...

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

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-21

... DEPARTMENT OF STATE [Public Notice 8131] U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting of the Study Group on Family Law The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting of the...

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

ERIC Educational Resources Information Center

Taylor, Bryan Finley

2010-01-01

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

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

Developing a Love for the Law.

ERIC Educational Resources Information Center

School Safety, 1990

1990-01-01

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

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

PubMed

Braga, Anthony A; Hureau, David M

2015-10-01

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

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

PubMed

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

2015-06-01

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

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

PubMed

Larcombe, Wendy

2012-04-01

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

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

ERIC Educational Resources Information Center

Wisconsin State Dept. of Education, Madison.

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

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

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…

Criminal Charges for Child Harm from Substance Use in Pregnancy.

PubMed

Angelotta, Cara; Appelbaum, Paul S

2017-06-01

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

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

ERIC Educational Resources Information Center

Lynch, Patrick D.

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

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

ERIC Educational Resources Information Center

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

2010-01-01

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

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

ERIC Educational Resources Information Center

McCall, Matthew S.

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

12 CFR 503.2 - Exemptions of records containing investigatory material compiled for law enforcement purposes.

Code of Federal Regulations, 2010 CFR

2010-01-01

... with enforcing criminal or civil laws. (d) Documents exempted. Exemptions will be applied only when... material compiled for law enforcement purposes. 503.2 Section 503.2 Banks and Banking OFFICE OF THRIFT... material compiled for law enforcement purposes. (a) Scope. The Office has established a system of records...

12 CFR 503.2 - Exemptions of records containing investigatory material compiled for law enforcement purposes.

Code of Federal Regulations, 2014 CFR

2014-01-01

... with enforcing criminal or civil laws. (d) Documents exempted. Exemptions will be applied only when... material compiled for law enforcement purposes. 503.2 Section 503.2 Banks and Banking OFFICE OF THRIFT... material compiled for law enforcement purposes. (a) Scope. The Office has established a system of records...

12 CFR 503.2 - Exemptions of records containing investigatory material compiled for law enforcement purposes.

Code of Federal Regulations, 2012 CFR

2012-01-01

... with enforcing criminal or civil laws. (d) Documents exempted. Exemptions will be applied only when... material compiled for law enforcement purposes. 503.2 Section 503.2 Banks and Banking OFFICE OF THRIFT... material compiled for law enforcement purposes. (a) Scope. The Office has established a system of records...

12 CFR 503.2 - Exemptions of records containing investigatory material compiled for law enforcement purposes.

Code of Federal Regulations, 2011 CFR

2011-01-01

... with enforcing criminal or civil laws. (d) Documents exempted. Exemptions will be applied only when... material compiled for law enforcement purposes. 503.2 Section 503.2 Banks and Banking OFFICE OF THRIFT... material compiled for law enforcement purposes. (a) Scope. The Office has established a system of records...

12 CFR 503.2 - Exemptions of records containing investigatory material compiled for law enforcement purposes.

Code of Federal Regulations, 2013 CFR

2013-01-01

... with enforcing criminal or civil laws. (d) Documents exempted. Exemptions will be applied only when... material compiled for law enforcement purposes. 503.2 Section 503.2 Banks and Banking OFFICE OF THRIFT... material compiled for law enforcement purposes. (a) Scope. The Office has established a system of records...

Rapid identification of anonymous subjects in large criminal databases: problems and solutions in IAFIS III/FBI subject searches

NASA Astrophysics Data System (ADS)

Kutzleb, C. D.

1997-02-01

The high incidence of recidivism (repeat offenders) in the criminal population makes the use of the IAFIS III/FBI criminal database an important tool in law enforcement. The problems and solutions employed by IAFIS III/FBI criminal subject searches are discussed for the following topics: (1) subject search selectivity and reliability; (2) the difficulty and limitations of identifying subjects whose anonymity may be a prime objective; (3) database size, search workload, and search response time; (4) techniques and advantages of normalizing the variability in an individual's name and identifying features into identifiable and discrete categories; and (5) the use of database demographics to estimate the likelihood of a match between a search subject and database subjects.

Variability of child access prevention laws and pediatric firearm injuries.

PubMed

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

2018-04-01

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

A Criminal Law Approach to Terrorism in Brazil

DTIC Science & Technology

2014-12-01

Israeli Embassy, killing 29 and hurting over 250; and the second, in 1994, when a suicide terrorist in a car bomb drove into AMIA (Argentina-Israel...requisite. The main concern regarding the law is the possibility of adversely affecting civil rights. In the model, we can avoid this temptation and

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

PubMed

Kalapos, Miklós Péter

2009-07-12

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

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

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

PubMed

de Heer, Brooke

2016-02-01

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

Combining Benford's Law and machine learning to detect money laundering. An actual Spanish court case.

PubMed

Badal-Valero, Elena; Alvarez-Jareño, José A; Pavía, Jose M

2018-01-01

This paper is based on the analysis of the database of operations from a macro-case on money laundering orchestrated between a core company and a group of its suppliers, 26 of which had already been identified by the police as fraudulent companies. In the face of a well-founded suspicion that more companies have perpetrated criminal acts and in order to make better use of what are very limited police resources, we aim to construct a tool to detect money laundering criminals. We combine Benford's Law and machine learning algorithms (logistic regression, decision trees, neural networks, and random forests) to find patterns of money laundering criminals in the context of a real Spanish court case. After mapping each supplier's set of accounting data into a 21-dimensional space using Benford's Law and applying machine learning algorithms, additional companies that could merit further scrutiny are flagged up. A new tool to detect money laundering criminals is proposed in this paper. The tool is tested in the context of a real case. Copyright © 2017 Elsevier B.V. All rights reserved.

76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-20

... International Law (ACPIL)--Online Dispute Resolution Study Group Meeting (ODR) The Department of State, Office of Legal Adviser, Office of Private International Law ACPIL online dispute resolution (ODR) study... development of legal instruments for resolving both business to business and business to consumer cross-border...

The effective use of unmanned aerial vehicles for local law enforcement

NASA Astrophysics Data System (ADS)

Gasque, Leighton

This qualitative study was done to interview local law enforcement in Murfreesboro, Tennessee to determine if unmanned aerial vehicles could increase the safety of policy officers. Many police officers face dangerous scenarios on a daily basis; however, officers must also perform non-criminal related responsibilities that could put them in hazardous situations. UAVs have multiple capabilities that can decrease the number of hazards in an emergency situation whether it is environmental, traffic related, criminal activity, or investigations. Officers were interviewed to find whether or not unmanned aerial vehicles (UAV) could be useful manpower on the police force. The study was also used to find whether or not officers foresee UAVs being used in law enforcement. The study revealed that UAVs could be used to add useful manpower to law enforcement based on the capabilities a UAV may have. Police officers cannot confirm whether or not they would be able to use a UAV until further research is conducted to examine the relation of costs to usage.

Protecting the human right to freedom of expression in international law.

PubMed

Howie, Emily

2018-02-01

Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Two examples illustrate this trend. First, anti-protest laws in Australia and the United States threaten the ability of people to stand together and express views on issues they care deeply about. Secondly, metadata retention laws jeopardise press freedom by undermining the confidentiality of journalists' sources and dissuading people from speaking freely on matters of public importance.

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.

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

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

PubMed Central

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

2015-01-01

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

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

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-18

... International Law (ACPIL); Online Dispute Resolution (ODR) Study Group Meeting The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online... charged with the development of legal instruments for resolving both business to business and business to...

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

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-28

... DEPARTMENT OF STATE [Public Notice 8508] U.S. Department of State Advisory Committee on Private International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice that the ACPIL ODR Study Group...

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

PubMed

Yamin, Alicia Ely

2005-07-01

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

29 CFR 1980.109 - Decision and orders of the administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Decision and orders of the administrative law judge. 1980... SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF THE SARBANES-OXLEY ACT OF 2002 Litigation § 1980.109 Decision and orders of the administrative law judge. (a) The...

International Law and the Detention of Refugees and Asylum Seekers.

ERIC Educational Resources Information Center

Goodwin-Gill, Guy S.

1986-01-01

Examines national concepts, powers and practices of detention; contrasts these with the individual rights of refugees and asylum-seekers under international law. Holds that although not formally obliged to grant permanent asylum, states must treat refugees and asylum seekers according to certain standards and must seek to alleviate their plight.…

Cooperation between law enforcement officers and forensic specialists. Diagnosis and possible improvements - a Lithuanian experience.

PubMed

Malewski, Henryk; Kurapka, Vidmantas Egidijus; Matulienė, Snieguolnė; Navickienė, Žaneta

The article investigates the characteristics and forms of cooperation between criminal investigation officers* and forensic laboratory specialists in pre-trial proceedings, as well as practical problems in such cooperation. Recently there have been a number of particularly heated debates about the relationship between determining a person possessing special knowledge and his/her status in pre-trial proceedings. Other discussed aspects include cooperation between entities involved in pre-trial proceedings in international contexts. A less intensive (albeit equally important) discussion relates to the form and characteristics of cooperation between criminal investigation officers on the one hand and specialists and experts on the other in investigating criminal acts. Bearing in mind the high practical importance and the existing differences in scholarly approaches to these issues, the current study concentrates on the forms and content of cooperation between law enforcement officers and specialists (experts) from forensic laboratories, as well as on problems resulting from such cooperation and directions for improvement. The first part of the article presents selected views on the definition of a person possessing special knowledge currently used in Lithuania** and in a number of other states. In the authors' opinion, unification (harmonization) of various notions (definitions), terms and statuses of an expert, a specialist and special knowledge should be one of the objectives in implementing the vision of the joint European forensic science area 2020. Achieving this objective requires a comprehensive analysis of standards in law and management in using special knowledge of each state***. The second part, supported by empirical study results, discusses practical problems of cooperation between a law enforcement officer and a specialist (expert), analyzes three basic forms of their cooperation and presents the content of those forms: activities at the crime scene

The methodological quality of three foundational law enforcement Drug Influence Evaluation validation studies.

PubMed

Kane, Greg

2013-11-04

A Drug Influence Evaluation (DIE) is a formal assessment of an impaired driving suspect, performed by a trained law enforcement officer who uses circumstantial facts, questioning, searching, and a physical exam to form an unstandardized opinion as to whether a suspect's driving was impaired by drugs. This paper first identifies the scientific studies commonly cited in American criminal trials as evidence of DIE accuracy, and second, uses the QUADAS tool to investigate whether the methodologies used by these studies allow them to correctly quantify the diagnostic accuracy of the DIEs currently administered by US law enforcement. Three studies were selected for analysis. For each study, the QUADAS tool identified biases that distorted reported accuracies. The studies were subject to spectrum bias, selection bias, misclassification bias, verification bias, differential verification bias, incorporation bias, and review bias. The studies quantified DIE performance with prevalence-dependent accuracy statistics that are internally but not externally valid. The accuracies reported by these studies do not quantify the accuracy of the DIE process now used by US law enforcement. These studies do not validate current DIE practice.

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 Export...

22 CFR 120.27 - U.S. criminal statutes.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 1 2011-04-01 2011-04-01 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 Export...

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 Export...

Mental Retardation and the Law: A Report on Status of Current Court Cases.

ERIC Educational Resources Information Center

Friedman, Paul, Ed.; Beck, Ronna Lee, Ed.

Included in the booklet on mental retardation and the law are reports on 11 new court cases and updated information on 35 court cases reported in previous issues. Court cases cover the following issues: architectural barriers, commitment, criminal law, education, employment, guardianship, protection from harm, sterilization, treatment, and zoning.…

32 CFR 634.41 - Compliance with State laws.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

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

... DEPARTMENT OF STATE [Public Notice: 7586] U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Electronic Commerce The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss the...

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

Federal Register 2010, 2011, 2012, 2013, 2014

2012-05-29

... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online Dispute... through May 25, 2012, and will specifically address security issues relating to use of the ODR rules...

Transboundary aquifers: conceptual models for development of international law.

PubMed

Eckstein, Yoram; Eckstein, Gabriel E

2005-01-01

More than one-half of the world's population is dependent on ground water for everyday uses such as drinking, cooking, and hygiene. In fact, it is the most extracted natural resource in the world. As a result of growing populations and expanding economies, many aquifers today are being depleted while others are being contaminated. Notwithstanding the world's considerable reliance on this resource, ground water resources have long received only secondary attention as compared to surface water, especially among legislatures and policymakers. Today, while there are hundreds of treaties governing transboundary rivers and lakes, there is only one international agreement that directly addresses a transboundary aquifer. Given that many of the aquifers on which humanity so heavily relies cross international borders, there is a considerable gap in the sound management, allocation, and protection of such resources. In order to prevent future disputes over transboundary aquifers and to maximize the beneficial use of this resource, international law must be clarified as it applies to transboundary ground water resources. Moreover, it must be defined with a firm basis in sound scientific understanding. In this paper we offer six conceptual models is which ground water resources can have transboudary consequences. The models are intended to help in assessing the applicability and scientific soundness of existing and proposed rules governing transboundary ground water resources. In addition, we consider the development of international law as it applies to ground water resources and make recommendations based on the models and principles of hydrogeology. The objective is the development of clear, logical, and science-based norms of state conducts as they relate to aquifers that traverse political boundaries.

Securing Cyberspace: Approaches to Developing an Effective Cyber-Security Strategy

DTIC Science & Technology

2011-05-15

attackers, cyber - criminals or even teenage hackers. Protecting cyberspace is a national security priority. President Obama’s National Security...prefers to engage international law enforcement to investigate and catch cyber criminals .40 International cooperation could resolve jurisdictional...sheltered them. Similarly, a state that fails to prosecute cyber - criminals , or who gives safe haven to individuals or groups that conduct cyber-attacks

Review of Regional Criminal Justice Training Academies. House Document No. 28. Report of the Joint Legislative Audit and Review Commission to the Governor and the General Assembly of Virginia.

ERIC Educational Resources Information Center

Virginia State General Assembly, Richmond. Joint Legislative Audit and Review Commission.

Virginia has 36 criminal justice training academies, including 10 regional academies. The academies conduct entry-level, inservice, and specialized training for law enforcement officers, jailers, and other criminal justice personnel. In 1998, the Joint Legislative Audit and Review Commission (JLARC) was directed to review the quality, consistency,…

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 to...

Criminal characteristics of a group of primary criminals diagnosed with aspd: approach to criminal recidivis.

PubMed

Larrotta-Castillo, R; Garivia, A M; Mora-Jaimes, C; Gómez-Abril, D A

2017-12-01

Antisocial personality disorder (ASPD) is commonly associated with the risk of criminal recidivism. Knowing more about the factors associated with this pattern of behaviour can help with the design of effective prevention strategies. The purpose of this article is to establish if there are differences in socio-criminogenic variables of a group of criminals sentenced for the first time and with APSD compared to another group of first-time offenders who do not present this disorder. Analytical observation study of 70 men classified into 2 groups according to the presence of ASPD TPA (n=47; age: 29.98±7.8 years) or absence of ASPD (n=23; age: 32.35±8.7 years). The inmates with ASPD showed higher frequencies of current consumption of psychoactive substances (31.9%), criminal associations and simultaneous use of psychoactive substances (70.2%), having committed the crime under the effects of a psychoactive substance (55.3%), not having the possibility of distancing themselves from criminal associations (83%) and a lack of legal resources for proceedings for defence and release (76.6%). This sample contains a group of variables called dynamic that are more commonly present amongst first time offenders with ASPD; said variables have been associated as major predictors of recidivism. Given that they are regarded as dynamic, they may well be modifiable.

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…

Health sciences librarians and mental health laws.

PubMed Central

Hartz, F R

1978-01-01

Two U.S. Supreme Court decisions, O'Connor v. Donaldson and Bounds v. Smith, hold important implications for health sciences librarians serving in mental health facilities. The first, O'Connor, with its many ancillary holdings, puts mental health personnel on notice that patients have certain basic rights, which courts all over the country will now be required to enforce. In Bounds the court has ruled that prison authorities must assist prison inmates in preparing and filing legal papers. The ruling will most likely benefit all mentally disabled prisoners, and future litigation may expand this category to include: (1) persons committed under the criminal code, (2) persons under involuntary commitment not related to the criminal code, and (3) persons voluntarily committed. A selective annotated bibliography, consisting of background readings in mental health and the law, basic rights, law library materials, and mental health legal services, has been compiled to help librarians establish and develop legal collections in anticipation of court decisions that will expand the conditions of Bounds to include all mentally disabled patients. PMID:361117

The Emergence of the White Supremacist Movement: A Criminal Justice Issue

DTIC Science & Technology

1988-07-25

in using criminal solutions is gaining support 12 among its members and affiliated groups mainly because of perceived gains. This should alarm all...34can be used to put any (white) person on a continuum that leads only to Hitler."𔄂 I 8. Radical: A person or group advocating revolutionary * changes...member of a group that takes the law into its own hands and uses whatever means necessary, especially 3 violence, to enforce its own standards of conduct

Human trafficking law and social structures.

PubMed

Wooditch, Alese

2012-08-01

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

Forensic psychiatric evaluations: an overview of methods, ethical issues, and criminal and civil assessments.

PubMed

Sher, Leo

2015-05-01

Forensic psychiatry is frequently defined as the branch of psychiatry that deals with issues arising in the interface between psychiatry and the law. Psychiatrists are called on by the legal system to provide testimony in a wide variety of cases, criminal and civil. In criminal cases, forensic psychiatrists may be asked to comment on the competence of a person to make decisions throughout all the phases of criminal investigation, trial, and punishment. These include the competence to stand trial, to plead guilty, to be sentenced, to waive appeal, and to be executed. In civil cases, forensic psychiatric experts are asked to evaluate a number of civil competences, including competence to make a will or contract or to make decisions about one's person and property. Psychiatrists are also called on to testify about many other issues related to civil cases. Forensic psychiatrists who work with children and adolescents are frequently involved in evaluations and testimonies concerning juvenile delinquency, child custody, termination of parental rights, and other issues. As such, forensic psychiatric experts have now developed into a reputable and well-known group of professionals. Forensic evaluation methods, ethical issues related to forensic psychiatric practice, and some common criminal and civil forensic psychiatric evaluations are discussed in this overview.

The Law and Juvenile Justice for People of Color in Elementary and Secondary Schools.

ERIC Educational Resources Information Center

Brown, Frank; Russo, Charles J.; Hunter, Richard C.

2002-01-01

Recent crime control laws have negatively impacted children of color, imposing a form of social control. Increased laws and punishments have not deterred juvenile delinquents but rather increased the number of criminals. Recommends teaching children about the justice system through education on the Constitution, thus encouraging them to obey the…

Adjudicating pathological criminal incapacity within a climate of ultimate issue barriers: a comparative perspective.

PubMed

Stevens, Geert Philip

2015-01-01

Mental health experts are increasingly being utilised by the criminal justice system to provide assistance to courts during the assessment of issues falling beyond the knowledge and/or experience of the courts. A particular domain where the assistance of qualified psychiatrists and psychologists is becoming essential is where the defence of pathological criminal incapacity falls to be assessed. Mental health professionals testifying during trials where the defence of pathological criminal incapacity is raised will present opinion evidence which is one of the exceptions to the rule of inadmissibility of opinion evidence. Mental health professionals providing their opinion evidence are, however, prohibited from expressing opinions on so-called "ultimate issues" upon which only the court may ultimately rule upon. The latter rule is also commonly known in practice as the "ultimate issue" rule which presents multifaceted challenges in respect of the application of the defence of pathological criminal incapacity. In this article, the author assesses the application of the ultimate issue rule with reference to the defence of pathological criminal incapacity as it operates within the South African criminal law context. A comparative analysis is also provided with reference to the rule as it operates in the United States of America and more specifically Federal Rule 704. It is concluded that the ultimate issue rule unnecessarily restricts testimony provided by mental health professionals as such placing a barrier on such evidence. As such, it is argued that the rule is superfluous as it remains within the discretion of the trier of fact to decide as to what weight to attach to such evidence. Copyright © 2015. Published by Elsevier Ltd.

[Law Enforcement Standards of Decency and Fairness].

ERIC Educational Resources Information Center

Saxbe, William B.

Effective policemen need to have as much knowledge as possible about society; they need to be fair, like the criminal justice system they represent. Society cannot be protected unless there is full accordance with the law. Questions of concern are whether the poor man or the black man are receiving the same treatment as the rich or influential…

Determining a Criminal Defendant's Competency to Proceed With an Extradition Hearing.

PubMed

Piel, Jennifer; Finkle, Michael J; Giske, Megan; Leong, Gregory B

2015-06-01

When a criminal defendant flees from one state (often referred to as the requesting state) to another (often referred to as the asylum state), the requesting state can demand that the asylum state return the defendant through a process called extradition. Only a handful of states have considered a fugitive's right to be competent to proceed with an extradition hearing. Those states fall into three categories. Some states apply the same standard as in criminal trial competency cases. Others apply a more limited competency standard. Two have found that a fugitive has no right to be competent to proceed in an extradition hearing. The particular legal test adopted affects the nature and scope of the competency evaluation conducted by the psychiatrist or psychologist in the extradition hearing. In addition, we are not aware of any state that has considered what happens to the fugitive if he is ultimately found not competent to proceed. Legislation, either state by state or through amendments to the Uniform Criminal Extradition Act, can provide the legal and psychiatric communities with guidance in assessing competency initially and in taking appropriate steps if the fugitive is ultimately found not competent. © 2015 American Academy of Psychiatry and the Law.

Criminal profiling as expert witness evidence: The implications of the profiler validity research.

PubMed

Kocsis, Richard N; Palermo, George B

The use and development of the investigative tool colloquially known as criminal profiling has steadily increased over the past five decades throughout the world. Coupled with this growth has been a diversification in the suggested range of applications for this technique. Possibly the most notable of these has been the attempted transition of the technique from a tool intended to assist police investigations into a form of expert witness evidence admissible in legal proceedings. Whilst case law in various jurisdictions has considered with mutual disinclination the evidentiary admissibility of criminal profiling, a disjunction has evolved between these judicial examinations and the scientifically vetted research testing the accuracy (i.e., validity) of the technique. This article offers an analysis of the research directly testing the validity of the criminal profiling technique and the extant legal principles considering its evidentiary admissibility. This analysis reveals that research findings concerning the validity of criminal profiling are surprisingly compatible with the extant legal principles. The overall conclusion is that a discrete form of crime behavioural analysis is supported by the profiler validity research and could be regarded as potentially admissible expert witness evidence. Finally, a number of theoretical connections are also identified concerning the skills and qualifications of individuals who may feasibly provide such expert testimony. Copyright © 2016 Elsevier Ltd. All rights reserved.

Criminal provisions of the Clean Air Act Amendments of 1990 and their interface with the United States sentencing guidelines. Master's thesis

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

Bowen, W.P.

The growing severity of our societal response to environmental misconduct is reflected, in part, by the criminalization of environmental wrongs by both state and Federal governments. Indeed, the recently enacted Clean Air Act Amendments of 1990 continue this trend, giving the Environmental Protection Agency, via the Department of Justice, significant new criminal enforcement tools. The importance attached to law enforcement of environmental laws is a relatively recent phenomenon and took a significant upswing in 1982 when the department of Justice created what is today the Environmental Crimes Section in what is now the Environment and Natural Resources Division, which sectionmore » has grown steadily and now has over 25 attorneys who prosecute or assist in the prosecution of environmental crimes in the U.S.« less

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.

Understanding criminals' thinking: further examination of the Measure of Offender Thinking Styles-Revised.

PubMed

Mandracchia, Jon T; Morgan, Robert D

2011-12-01

The Measure of Offender Thinking Styles (MOTS) was originally developed to examine the structure of dysfunctional thinking exhibited by criminal offenders. In the initial investigation, a three-factor model of criminal thinking was obtained using the MOTS. These factors included dysfunctional thinking characterized as Control, Cognitive Immaturity, and Egocentrism. In the present investigation, the stability of the three-factor model was examined with a confirmatory factor analysis of the revised version of the MOTS (i.e., MOTS-R). In addition, the internal consistency, test-retest reliability, and convergent validity of the MOTS-R were examined. Results indicated that the three-factor model of criminal thinking was supported. In addition, the MOTS-R demonstrated reliability and convergent validity with other measures of criminal thinking and attitudes. Overall, it appears that the MOTS-R may prove to be a valuable tool for use with an offender population, particularly because of the simple, intuitive structure of dysfunctional thinking that it represents.

A collaborative epidemiological investigation into the criminal fake artesunate trade in South East Asia.

PubMed

Newton, Paul N; Fernández, Facundo M; Plançon, Aline; Mildenhall, Dallas C; Green, Michael D; Ziyong, Li; Christophel, Eva Maria; Phanouvong, Souly; Howells, Stephen; McIntosh, Eric; Laurin, Paul; Blum, Nancy; Hampton, Christina Y; Faure, Kevin; Nyadong, Leonard; Soong, C W Ray; Santoso, Budiono; Zhiguang, Wang; Newton, John; Palmer, Kevin

2008-02-01

Since 1998 the serious public health problem in South East Asia of counterfeit artesunate, containing no or subtherapeutic amounts of the active antimalarial ingredient, has led to deaths from untreated malaria, reduced confidence in this vital drug, large economic losses for the legitimate manufacturers, and concerns that artemisinin resistance might be engendered. With evidence of a deteriorating situation, a group of police, criminal analysts, chemists, palynologists, and health workers collaborated to determine the source of these counterfeits under the auspices of the International Criminal Police Organization (INTERPOL) and the Western Pacific World Health Organization Regional Office. A total of 391 samples of genuine and counterfeit artesunate collected in Vietnam (75), Cambodia (48), Lao PDR (115), Myanmar (Burma) (137) and the Thai/Myanmar border (16), were available for analysis. Sixteen different fake hologram types were identified. High-performance liquid chromatography and/or mass spectrometry confirmed that all specimens thought to be counterfeit (195/391, 49.9%) on the basis of packaging contained no or small quantities of artesunate (up to 12 mg per tablet as opposed to approximately 50 mg per genuine tablet). Chemical analysis demonstrated a wide diversity of wrong active ingredients, including banned pharmaceuticals, such as metamizole, and safrole, a carcinogen, and raw material for manufacture of methylenedioxymethamphetamine ('ecstasy'). Evidence from chemical, mineralogical, biological, and packaging analysis suggested that at least some of the counterfeits were manufactured in southeast People's Republic of China. This evidence prompted the Chinese Government to act quickly against the criminal traders with arrests and seizures. An international multi-disciplinary group obtained evidence that some of the counterfeit artesunate was manufactured in China, and this prompted a criminal investigation. International cross

[Anticorruption Act : A criminal proceedings prophylaxis for urologists].

PubMed

Schneider, H; Stolzenburg, J-U

2018-03-01

Since the introduction of the German Act to Combat Corruption in the Healthcare Sector concerns of fear and uncertainty are present. An elementary protection against criminal investigations can be achieved by complying with the physician professional law. Service contracts with the industry can be concluded if the interest in the service is reasonable and the payment is appropriate. There is a restrictive scale for clinical trials with already authorized products regarding any compensation granted which should correspond to the amount determined by the applicable elements of the German scale of medical fees (GOÄ). Invitations to academic training events can be accepted within an appropriate framework.

International medical law and its impact on the ukrainian health care legislation.

PubMed

Pashkov, Vitalii; Udovyka, Larysa; Dichko, Hanna

2018-01-01

Introduction: The Ukrainian state has an urgent necessity of rapid search for essentially new legal and organizational forms of the healthcare system, reform of the legal regulation of healthcare services provision. In the context of European integration, the advancement of the medical industry reform is closely related to consideration of international standards and norms of health care. The aim: To study the impact of international medical law on the Ukrainian health care legislation. Materials and methods: International and Ukrainian regulations and documents on health care were used in the research. System and structural, functional and legal comparative methods as well as systematization, analysis and synthesis were determinative in the research process. Review: Systematization of international documents on health care was made. The major problems in the Ukrainian health care legislation were determined in terms of their conformity with the international legislative norms. The expediency of the Medical Code adoption was grounded and its structure was defined. Conclusions: Most health care international acts are ratified by Ukraine and their provisions are implemented in the legislation. Simultaneously, there is a row of problems, which hinder the Ukrainian health care development and place obstacles in the way of European integration. To remove these obstacles, it is expedient to create a codified act - the Medical Code, which would systematize the provisions of the current medical laws and regulations and fill in the existing gaps in the legal regulation of health care.

[Criminal code and assisted human reproduction].

PubMed

Cortés Bechiarelli, Emilio

2009-01-01

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

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.…

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

ERIC Educational Resources Information Center

Harry, Ralph L.

1989-01-01

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

14 CFR 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Criminal drug statute. 1267.625 Section... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1267.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2012-07-01 2012-07-01 false Criminal drug statute. 48...) GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 48.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 4 2012-07-01 2012-07-01 false Criminal drug statute. 1472.625 Section 1472.625 Labor... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1472.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

24 CFR 21.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Criminal drug statute. 21.625... Development GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) Definitions § 21.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

36 CFR 1212.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 36 Parks, Forests, and Public Property 3 2012-07-01 2012-07-01 false Criminal drug statute. 1212... GENERAL RULES GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1212.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute...

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2014-07-01 2014-07-01 false Criminal drug statute. 48...) GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 48.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 29 Labor 4 2013-07-01 2013-07-01 false Criminal drug statute. 1472.625 Section 1472.625 Labor... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1472.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

14 CFR 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false Criminal drug statute. 1267.625 Section... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1267.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2011-07-01 2011-07-01 false Criminal drug statute. 48...) GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 48.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

14 CFR 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Criminal drug statute. 1267.625 Section 1267... FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1267.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution...

40 CFR 36.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Criminal drug statute. 36.625 Section... GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 36.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2013-07-01 2013-07-01 false Criminal drug statute. 48...) GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 48.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 4 2011-07-01 2011-07-01 false Criminal drug statute. 1472.625 Section 1472.625 Labor... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1472.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

14 CFR 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 false Criminal drug statute. 1267.625 Section... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1267.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Criminal drug statute. 1472.625 Section 1472.625 Labor... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1472.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Criminal drug statute. 48...) GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 48.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

36 CFR 1212.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 36 Parks, Forests, and Public Property 3 2014-07-01 2014-07-01 false Criminal drug statute. 1212... GENERAL RULES GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1212.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute...

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 29 Labor 4 2014-07-01 2014-07-01 false Criminal drug statute. 1472.625 Section 1472.625 Labor... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1472.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

Neural connectivity during reward expectation dissociates psychopathic criminals from non-criminal individuals with high impulsive/antisocial psychopathic traits

PubMed Central

von Borries, Katinka; Volman, Inge; Bulten, Berend Hendrik; Cools, Roshan; Verkes, Robbert-Jan

2016-01-01

Criminal behaviour poses a big challenge for society. A thorough understanding of the neurobiological mechanisms underlying criminality could optimize its prevention and management. Specifically,elucidating the neural mechanisms underpinning reward expectation might be pivotal to understanding criminal behaviour. So far no study has assessed reward expectation and its mechanisms in a criminal sample. To fill this gap, we assessed reward expectation in incarcerated, psychopathic criminals. We compared this group to two groups of non-criminal individuals: one with high levels and another with low levels of impulsive/antisocial traits. Functional magnetic resonance imaging was used to quantify neural responses to reward expectancy. Psychophysiological interaction analyses were performed to examine differences in functional connectivity patterns of reward-related regions. The data suggest that overt criminality is characterized, not by abnormal reward expectation per se, but rather by enhanced communication between reward-related striatal regions and frontal brain regions. We establish that incarcerated psychopathic criminals can be dissociated from non-criminal individuals with comparable impulsive/antisocial personality tendencies based on the degree to which reward-related brain regions interact with brain regions that control behaviour. The present results help us understand why some people act according to their impulsive/antisocial personality while others are able to behave adaptively despite reward-related urges. PMID:27217111

"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. Copyright © 2014 Elsevier Ltd. All rights reserved.

2 CFR 182.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 2 Grants and Agreements 1 2012-01-01 2012-01-01 false Criminal drug statute. 182.625 Section 182... GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 182.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

22 CFR 312.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 22 Foreign Relations 2 2012-04-01 2009-04-01 true Criminal drug statute. 312.625 Section 312.625 Foreign Relations PEACE CORPS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 312.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal...

45 CFR 630.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 45 Public Welfare 3 2013-10-01 2013-10-01 false Criminal drug statute. 630.625 Section 630.625... GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 630.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

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

2 CFR 1401.225 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 2 Grants and Agreements 1 2013-01-01 2013-01-01 false Criminal drug statute. 1401.225 Section 1401... INTERIOR REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1401.225 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...