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Sample records for international criminal law

  1. The psychiatric defence and international criminal law.

    PubMed

    Tobin, John

    2007-01-01

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

  2. Personality disorders and criminal law: an international perspective.

    PubMed

    Sparr, Landy F

    2009-01-01

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

  3. Reprisal Under International Law: A Defense to Criminal Conduct?

    DTIC Science & Technology

    2009-03-25

    reprisal was enunciated by the International Criminal Tribunal for the former Yugoslavia ( ICTY ):14 The Trial Chamber wishes to stress, in this regard, the...The ICTY asserted that international prosecution for war crimes was the remedy for violations rather than reprisals; notwithstanding the...pronouncements of the ICTY , however, the doctrine of reprisals is not dead. United States Rules Regarding Reprisals United States regulations permit reprisal by

  4. Dentistry and criminal law.

    PubMed

    Khoury, B S; Khoury, J N

    2017-09-01

    Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

  5. Teaching Criminal Law.

    ERIC Educational Resources Information Center

    Levin, Sandy

    1989-01-01

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

  6. Teaching Criminal Law.

    ERIC Educational Resources Information Center

    Levin, Sandy

    1989-01-01

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

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

    PubMed

    Freckelton, Ian; Karagiannakis, Magda

    2014-06-01

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

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

    DTIC Science & Technology

    1997-04-01

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

  9. Social Change and Criminal Law

    ERIC Educational Resources Information Center

    Jeffery, C. Ray

    1970-01-01

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

  10. Social Change and Criminal Law

    ERIC Educational Resources Information Center

    Jeffery, C. Ray

    1970-01-01

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

  11. Interstitial Jurisprudence Illustrated in Teaching Criminal Law

    ERIC Educational Resources Information Center

    Funk, David A.

    1975-01-01

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

  12. Interstitial Jurisprudence Illustrated in Teaching Criminal Law

    ERIC Educational Resources Information Center

    Funk, David A.

    1975-01-01

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

  13. [Brazilian criminal law and genetics].

    PubMed

    de Souza, P V

    1999-01-01

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

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

    PubMed

    Madanamoothoo, Allane

    2011-12-01

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

  15. Fatigue and the criminal law.

    PubMed

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

    2005-01-01

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

  16. Commentary: personality disorders and criminal law.

    PubMed

    Slovenko, Ralph

    2009-01-01

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

  17. Law Studies: The Criminal Justice System.

    ERIC Educational Resources Information Center

    Experimental Curriculum Bulletin, 1978

    1978-01-01

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

  18. Law Studies: The Criminal Justice System.

    ERIC Educational Resources Information Center

    Experimental Curriculum Bulletin, 1978

    1978-01-01

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

  19. Criminal Law Study Guide. Revision

    DTIC Science & Technology

    1994-01-01

    85(c)(2), MCM, 1984. United States v. Greenfeather, 13 C.M.A. 151, 32 C.M.R. 151 (1962); United States v. Russell , 3 C.M.A. 696, 14 C.M.R. 114 (1954...C.M.R. 294 (1956); United States v. Brunson , 30 M.J. 766 (A.C.M.R. 1990); United States v. Gonzalez, 12 M.J. 747 (A.F.C.M.R. 1981); United States v... Russell , 2 M.J. 433 (A.C.M.R. 1975). The military judge failed Ito inqre bor resolve the possibility of lawful possession and the accused’s plea was

  20. [Criminal law problems in forensic medicine].

    PubMed

    Schneider, V

    1998-10-01

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

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

    PubMed

    Mercurio, Ezequiel N

    2009-01-01

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

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

    PubMed

    Carstens, Pieter; Stevens, Philip

    2016-01-01

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

  3. The International Criminal Court: Time to Adjust American Foreign Policy

    DTIC Science & Technology

    2009-05-26

    Nations established the International Criminal Tribunal for Yugoslavia ( ICTY ) in 1993, granting it the power to try individuals alleged to have committed...war crimes.18 Despite strong arguments to the contrary, the ICTY established that customary international law allows the court to pierce state...18 Ibid. 19 Ibid. Dusan Tadic, the first person tried by the ICTY , argued that the ICTY had no jurisdiction over his conduct because his actions

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

    PubMed

    Alhafaji, Yasmin

    2012-12-01

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

  5. The Lyme Bay Canoeing Tragedy and the Criminal Law.

    ERIC Educational Resources Information Center

    Geary, Roger

    1996-01-01

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

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

    ERIC Educational Resources Information Center

    Veresha, Roman V.

    2016-01-01

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

  7. The Lyme Bay Canoeing Tragedy and the Criminal Law.

    ERIC Educational Resources Information Center

    Geary, Roger

    1996-01-01

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

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

    ERIC Educational Resources Information Center

    Veresha, Roman V.

    2016-01-01

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

  9. [Drug trafficking and international law].

    PubMed

    Marini, Luca

    2002-01-01

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

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

    PubMed

    Meixner, John B

    2015-01-01

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

  11. Intoxication and criminal responsibility in Dutch criminal Law.

    PubMed

    van Kalmthout, A

    1998-09-01

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

  12. Criminal Law and Procedure-Bringing It Home

    ERIC Educational Resources Information Center

    Dutile, Fernand N.

    1974-01-01

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

  13. Criminal Law and Procedure-Bringing It Home

    ERIC Educational Resources Information Center

    Dutile, Fernand N.

    1974-01-01

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

  14. International resources law

    SciTech Connect

    Not Available

    1991-01-01

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

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

    PubMed

    Roberts, Paul

    2013-03-01

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

  16. International Law and Military Operations

    DTIC Science & Technology

    2008-01-01

    Dennis L. Mandsager CHARLES H. STOCKTON CHAIR OF INTERNATIONAL LAW Professor Michael N. Schmitt INTERNATIONAL LAW DEPARTMENT Colonel Leo E...and tactical levels. DENNIS L. MANDSAGER Professor of Law & Chairman International Law Department X Preface I mmediately following the...Humanitarian Action, 87 INTERNATIONAL REVIEW OF THE RED CROSS 149, 154-56 (2005); Gabor Rona, Interesting Times for International Humanitarian Law

  17. 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…

  18. 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…

  19. The Moral or Educative Influence of Criminal Law

    ERIC Educational Resources Information Center

    Andenaes, Johannes

    1971-01-01

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

  20. The Moral or Educative Influence of Criminal Law

    ERIC Educational Resources Information Center

    Andenaes, Johannes

    1971-01-01

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

  1. 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.

  2. 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.

  3. Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

    NASA Astrophysics Data System (ADS)

    Soponyono, Eko; Deva Bernadhi, Brav

    2017-04-01

    Development of national legal systems is aimed to establish the public welfare and the protection of the public. Many attempts has been carried out to renew material criminal law and those efforts results in the formulation of the concept of the draft Law Book of the Law of Criminal Law in the form of concept criminal code draft. The basic ideas in drafting rules and regulation based on the values inside the idology of Pancasila are balance among various norm and rules in society. The design concept of the New Criminal Code Act is anticipatory and proactive to formulate provisions on Crime in Cyberspace and Crime on Information and Electronic Transactions. Several issues compiled in this paper are whether the policy in formulation of cyber crime is embodied in the provisions of the current legislation and what the policies formulation of cyber crime is in the concept of the bill book of law - criminal law recently?.

  4. A quantitative study of Michigan's criminal HIV exposure law.

    PubMed

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

    2012-01-01

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

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

    PubMed Central

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

    2011-01-01

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

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

    PubMed

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

    2012-01-01

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

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

    PubMed

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

    2015-06-01

    The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-term offender applications, as one of several means of diagnosing offenders, determining recidivism risk, and assessing treatment prospects. We provide an overview and assessment of the use of phallometric evidence by Canadian criminal courts and conclude that its contemporary application appears to be consistent with the expert psychiatric consensus on its proper role and function in the forensic context. We further identify potential difficulties associated with the adequacy of offenders' consent and the occasional divergence of expert opinion about the reliability and validity of phallometry for diagnosis and risk assessment. © 2015 American Academy of Psychiatry and the Law.

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

    ERIC Educational Resources Information Center

    Wills, Thomas A.

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

  9. [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.

  10. 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.

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

    PubMed

    Skanland, Celeste A

    2009-12-01

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

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

    PubMed

    Graupner, H

    2000-10-01

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

  13. 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.

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

    PubMed

    Farahany, Nita A

    2015-11-01

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

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

    PubMed Central

    Farahany, Nita A.

    2016-01-01

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

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

    THOMAS, 111th Congress

    Rep. Blackburn, Marsha [R-TN-7

    2009-05-14

    06/12/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

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

    THOMAS, 111th Congress

    Rep. Blackburn, Marsha [R-TN-7

    2009-05-14

    06/12/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  18. 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:

  19. International law and law enforcement firearms.

    PubMed

    Jussila, Jorma; Normia, Pertti

    2004-01-01

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

  20. Civil and criminal liability for violation of environmental laws

    SciTech Connect

    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 against 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.

  1. 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.

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

    Code of Federal Regulations, 2013 CFR

    2013-04-01

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

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

    Code of Federal Regulations, 2012 CFR

    2012-04-01

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

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

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

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

    Code of Federal Regulations, 2014 CFR

    2014-04-01

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

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

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  7. 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

  8. Nuclear weapons and international law

    SciTech Connect

    Pogany, I.

    1987-01-01

    Using two different perspectives, this collection of essays addresses the central legal question of whether the manufacture, deployment, and potential use of nuclear weapons is lawful. In addition, individual chapters focus on a variety of topical issues, including nuclear weapon free zones, nuclear testing, international law and regulations, nuclear weapons and nonproliferation, anti-ballistic missile systems, and the Strategic Defense Initiative.

  9. International Megan's Law of 2009

    THOMAS, 111th Congress

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

    2009-03-19

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

  10. 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:

  11. International Megan's Law of 2009

    THOMAS, 111th Congress

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

    2009-03-19

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

  12. Association of HIV diagnosis rates and laws criminalizing HIV exposure in the United States.

    PubMed

    Sweeney, Patricia; Gray, Simone C; Purcell, David W; Sewell, Jenny; Babu, Aruna Surendera; Tarver, Brett A; Prejean, Joseph; Mermin, Jonathan

    2017-06-19

    To assess whether state criminal exposure laws are associated with HIV and stage 3 (AIDS) diagnosis rates in the United States. We assessed the relationship between HIV and stage 3 (AIDS) diagnosis data from the National HIV Surveillance System and the presence of a state criminal exposure law as identified through WestlawNext by using generalized estimating equations. We limited analysis to persons aged at least 13 years with diagnosed HIV infection or AIDS reported to the National HIV Surveillance System of the Centers for Disease Control and Prevention. The primary outcome measures were rates of diagnosis of HIV (2001-2010 in 33 states) and AIDS (1994-2010 in 50 states) per 100 000 individuals per year. In addition to criminal exposure laws, state-level factors evaluated for inclusion in models included income, unemployment, poverty, education, urbanicity, and race/ethnicity. At the end of the study period, 30 states had laws criminalizing HIV exposure. In bivariate models (P < 0.05), unemployment, poverty, education, urbanicity, and race/ethnicity were associated with HIV and AIDS diagnoses. In final models, proportion of adults with less than a high school education and percentage of the population living in urban areas were significantly associated with HIV and AIDS diagnoses over time; criminal exposure laws were not associated with diagnosis rates. We found no association between HIV or AIDS diagnosis rates and criminal exposure laws across states over time, suggesting that these laws have had no detectable HIV prevention effect.

  13. 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.

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

    PubMed

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

    2008-03-01

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

  15. [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.

  16. 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.

  17. 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

  18. 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.

  19. 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'…

  20. 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'…

  1. 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…

  2. 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.

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

    ERIC Educational Resources Information Center

    Fix, Terrance

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

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

    PubMed

    Yeung, Karen; Horder, Jeremy

    2014-06-01

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

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

    ERIC Educational Resources Information Center

    Aspen Systems Corp., Germantown, MD.

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

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

    ERIC Educational Resources Information Center

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

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

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

    ERIC Educational Resources Information Center

    Aspen Systems Corp., Germantown, MD.

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

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

    ERIC Educational Resources Information Center

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

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

  9. Restorative Justice and a New Criminal Law of Substance Abuse.

    ERIC Educational Resources Information Center

    Braithwaite, John

    2001-01-01

    Case studies illustrate how a restorative approach to substance abuse can bring about the recognition of profound community injustices and how confronting injustices can help tackle substance abuse. Outlines the research and development needed to test the hypothesis that criminalization of the harm caused by substance abuse (e.g., burglary) may be…

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

    PubMed

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

    2005-01-01

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

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

    ERIC Educational Resources Information Center

    Coombs, Mary Irene

    1988-01-01

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

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

    ERIC Educational Resources Information Center

    Coombs, Mary Irene

    1988-01-01

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

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

    PubMed

    Stevens, Philip

    2013-03-01

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

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

    ERIC Educational Resources Information Center

    2002

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

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

    ERIC Educational Resources Information Center

    2002

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

  16. 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...

  17. 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...

  18. 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...

  19. Why Catholic Universities Should Engage International Law

    ERIC Educational Resources Information Center

    George, William P.

    2008-01-01

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

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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,...

  5. 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...

  6. 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…

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

    PubMed

    Nelson, John

    2003-04-01

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

  8. The National Institute of Law Enforcement and Criminal Justice: Annual Report FY 1977.

    ERIC Educational Resources Information Center

    Ewing, Blair G.

    This fourth annual report of the National Institute of Law Enforcement and Criminal Justice summarizes its programs and funding for research, evaluation, and research utilization for fiscal year 1977. Chapter 1 describes research agreements with various organizations to study the subjects of the habitual offender, white-collar crime, the economics…

  9. National Institute of Law Enforcement and Criminal Justice. Program Plan. Fiscal Year, 1978.

    ERIC Educational Resources Information Center

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

    This program plan is offered as a guide to potential grantees and contractors. It outlines the National Institute of Law Enforcement and Criminal Justice's priorities for research in fiscal year (FY) 1978 and beyond and spells out other Institute programs and projects to be carried out during the fiscal year. The guide is offered as a first step…

  10. Higher Education Programs in Law Enforcement and Criminal Justice.

    ERIC Educational Resources Information Center

    Tenney, Charles W., Jr.

    In 1966 the Office of Law Enforcement Assistance undertook to encourage higher education for law enforcement through a series of curriculum development grants to 2- and 4-year institutions throughout the nation. Altogether, 28 colleges and universities received 48 grants totalling nearly $1 million. First priority was given to schools in states…

  11. Prevalence and public health implications of state laws that criminalize potential HIV exposure in the United States.

    PubMed

    Lehman, J Stan; Carr, Meredith H; Nichol, Allison J; Ruisanchez, Alberto; Knight, David W; Langford, Anne E; Gray, Simone C; Mermin, Jonathan H

    2014-06-01

    For the past three decades, legislative approaches to prevent HIV transmission have been used at the national, state, and local levels. One punitive legislative approach has been enactment of laws that criminalize behaviors associated with HIV exposure (HIV-specific criminal laws). In the USA, HIV-specific criminal laws have largely been shaped by state laws. These laws impose criminal penalties on persons who know they have HIV and subsequently engage in certain behaviors, most commonly sexual activity without prior disclosure of HIV-positive serostatus. These laws have been subject to intense public debate. Using public health law research methods, data from the legal database WestlawNext© were analyzed to describe the prevalence and characteristics of laws that criminalize potential HIV exposure in the 50 states (plus the District of Columbia) and to examine the implications of these laws for public health practice. The first state laws were enacted in 1986; as of 2011 a total of 67 laws had been enacted in 33 states. By 1995, nearly two-thirds of all laws had been enacted; by 2000, 85 % of laws had been enacted; and since 2000, an additional 10 laws have been enacted. Twenty-four states require persons who are aware that they have HIV to disclose their status to sexual partners and 14 states require disclosure to needle-sharing partners. Twenty-five states criminalize one or more behaviors that pose a low or negligible risk for HIV transmission. Nearly two-thirds of states in the USA have legislation that criminalizes potential HIV exposure. Many of these laws criminalize behaviors that pose low or negligible risk for HIV transmission. The majority of laws were passed before studies showed that antiretroviral therapy (ART) reduces HIV transmission risk and most laws do not account for HIV prevention measures that reduce transmission risk, such as condom use, ART, or pre-exposure prophylaxis. States with HIV-specific criminal laws are encouraged to use the

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

    ERIC Educational Resources Information Center

    Geary, Roger

    1995-01-01

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

  13. [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.

  14. [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.

  15. The need for specific penalties for hacking in criminal law.

    PubMed

    Oh, Sangkyo; Lee, Kyungho

    2014-01-01

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

  16. The Need for Specific Penalties for Hacking in Criminal Law

    PubMed Central

    Oh, Sangkyo; Lee, Kyungho

    2014-01-01

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

  17. Guide to Teaching Citizenship/Law-Related Education High School Courses. Youth and the Law (Junior High School) [and] Criminal and Civil Law (Senior High School).

    ERIC Educational Resources Information Center

    Beckett, Ernest; Miller, Mary Bruce

    Course outlines, evaluation instruments, and background information to help teachers implement two legal education courses, one for junior and one for senior high school, are provided. The junior high course, "Youth and the Law," introduces basic legal terminology and criminal and civil processes, giving special attention to the concepts…

  18. 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.

  19. 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.

  20. Toward Automated International Law Compliance Monitoring (TAILCM)

    DTIC Science & Technology

    2014-07-01

    SUPPLEMENTARY NOTES 14. ABSTRACT The IARPA seedling TAILCM (Toward Automated International Law Compliance Monitoring) was developed to explore the...performed during the year-long seedling . The four major research areas are expanding bulleted regulatory text, categorizing regulatory documents by...28 iii 1. Summary The IARPA seedling TAILCM (Toward Automated International Law

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

    PubMed

    Di Landro, Andrea R

    2012-06-01

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

  2. 26 CFR 301.6231(c)-5 - Criminal investigations.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Criminal investigations. 301.6231(c)-5 Section...) PROCEDURE AND ADMINISTRATION PROCEDURE AND ADMINISTRATION Assessment In General § 301.6231(c)-5 Criminal... criminal investigation for violation of the internal revenue laws relating to income tax will interfere...

  3. 26 CFR 301.6231(c)-5 - Criminal investigations.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 18 2011-04-01 2011-04-01 false Criminal investigations. 301.6231(c)-5 Section...) PROCEDURE AND ADMINISTRATION PROCEDURE AND ADMINISTRATION Assessment In General § 301.6231(c)-5 Criminal... criminal investigation for violation of the internal revenue laws relating to income tax will interfere...

  4. INTERNATIONAL LAW: HINDRANCE OR HELP?

    EPA Science Inventory

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

  5. INTERNATIONAL LAW: HINDRANCE OR HELP?

    EPA Science Inventory

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

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

    PubMed

    White, Ben; Willmott, Lindy

    2009-10-01

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

  7. 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

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

    PubMed

    Caulfield, T

    2001-09-01

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

  9. 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

  10. A Logical Model of Private International Law

    NASA Astrophysics Data System (ADS)

    Dung, Phan Minh; Sartor, Giovanni

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

  11. Information Warfare and International Law

    DTIC Science & Technology

    1998-01-01

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

  12. Sexuality and international human rights law.

    PubMed

    Tahmindjis, Phillip

    2005-01-01

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

  13. 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.

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

    PubMed Central

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

    2015-01-01

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

  15. [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

  16. Precautionary principle in international law.

    PubMed

    Saladin, C

    2000-01-01

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

  17. Europe, the United States, and the International Criminal Court

    DTIC Science & Technology

    2003-06-01

    unchangeable law will be valid for all nations and all times… - Cicero , The Republican and the Laws (106 – 43 B.C.) (Natural Law and the Unity of...civil society which can administer justice universally. - Kant , Idea for a Universal History and Perpetual Peace (1724-1804), Idea for a

  18. 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,…

  19. 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,…

  20. 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.

  1. 50 CFR 665.966 - International law.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

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

  2. 50 CFR 665.966 - International law.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

  3. Safety and injury profile of conducted electrical weapons used by law enforcement officers against criminal suspects.

    PubMed

    Bozeman, William P; Hauda, William E; Heck, Joseph J; Graham, Derrel D; Martin, Brian P; Winslow, James E

    2009-04-01

    Conducted electrical weapons such as the Taser are commonly used by law enforcement agencies. The safety of these weapons has been the subject of scrutiny and controversy; previous controlled studies in animals and healthy humans may not accurately reflect the risks of conducted electrical weapons used in actual conditions. We seek to determine the safety and injury profile of conducted electrical weapons used against criminal suspects in a field setting. This prospective, multicenter, observational trial tracked a consecutive case series of all conducted electrical weapon uses against criminal suspects at 6 US law enforcement agencies. Mandatory review of each conducted electrical weapon use incorporated physician review of police and medical records. Injuries were classified as mild, moderate, or severe according to a priori definitions. The primary outcome was a composite of moderate and severe injuries, termed significant injuries. Conducted electrical weapons were used against 1,201 subjects during 36 months. One thousand one hundred twenty-five subjects (94%) were men; the median age was 30 years (range 13 to 80 years). Mild or no injuries were observed after conducted electrical weapon use in 1,198 subjects (99.75%; 95% confidence interval 99.3% to 99.9%). Of mild injuries, 83% were superficial puncture wounds from conducted electrical weapon probes. Significant injuries occurred in 3 subjects (0.25%; 95% confidence interval 0.07% to 0.7%), including 2 intracranial injuries from falls and 1 case of rhabdomyolysis. Two subjects died in police custody; medical examiners did not find conducted electrical weapon use to be causal or contributory in either case. To our knowledge, these findings represent the first large, independent, multicenter study of conducted electrical weapon injury epidemiology and suggest that more than 99% of subjects do not experience significant injuries after conducted electrical weapon use.

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

    PubMed Central

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

    2014-01-01

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

  5. 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.

  6. International Disaster Response Law: an introduction.

    PubMed

    Marshall, Lewis W

    2008-01-01

    To review the current state of International Disaster Response Law (IDRL) and identify barriers to development and future directions. This study is an introduction to the current status of IDRL. The data suggest that globally we will have increasing incidents and costs in responding to disasters, but the development of IDRL has not kept pace. The further development and refining of IDRL is imperative on a global scale. Additional barriers to the continued development of IDRL will have to be overcome. Global international stakeholders will need to develop mechanisms to promote the advancement of IDRL while minimizing the barriers to effective preparedness and response to global international disasters.

  7. The Customary International Law of Cyberspace

    DTIC Science & Technology

    2012-01-01

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

  8. 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…

  9. 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…

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

    PubMed

    Fischer, B; Rehm, J

    1998-09-01

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

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

    DTIC Science & Technology

    2012-04-21

    serves both a retrospective purpose, dispensing retributive justice, and a prospective purpose, deterring future violations of the Rome Statute (RS...32 GEŌRGIOS PIKĒS, THE ROME STATUTE FOR THE INTERNATIONAL CRIMINAL COURT: ANALYSIS OF THE STATUTE , THE RULES OF PROCEDURE AND...States instead, over a process of two years, observed an international entity it could not control the putative authority, however remote , of either

  12. 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....

  13. 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)

  14. 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)

  15. 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....

  16. International environmental law and world order

    SciTech Connect

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

    1995-08-01

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

  17. Space Law

    NASA Astrophysics Data System (ADS)

    Hermida, Julian

    2006-01-01

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

  18. The relationship between mental healthcare utilization and criminal behaviors among internal medicine outpatients.

    PubMed

    Sansone, Randy A; Lam, Charlene; Wiederman, Michael W

    2011-06-01

    According to the scant empirical literature, largely in studies of offenders, there appears to be a general but diffuse relationship between various psychiatric disorders and criminal behavior. In this study, we examined mental healthcare utilization, a general measure of psychiatric dysfunction, in relationship to a history of criminal behavior in a sample of internal medicine outpatients. In a consecutive sample of 376 internal medicine outpatients being seen predominantly by resident providers, we examined the relationship between 27 illegal behaviors (charges, not convictions) as delineated by the Federal Bureau of Investigation's crime cataloguing schema and four items related to mental healthcare utilization (i.e., ever been seen by a psychiatrist, ever been hospitalized in a psychiatric hospital, ever been in counseling, ever been on medication for your "nerves"). Twenty-two percent of the sample reported a history of having been charged with at least one criminal behavior. With the exception of ever having been on "nerve" medication, the remaining mental-healthcare-utilization variables demonstrated statistically significant relationships with the number of illegal behaviors reported. However, overall correlations were relatively weak. Using both a sample and methodology that is unique to the current literature, we found relationships between past mental health treatment and history of criminal behavior.

  19. Population-environment linkages in international law

    SciTech Connect

    Babor, D.D.M.

    1999-03-31

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

  20. 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.

  1. Exemplary Projects. A Program of the National Institute of Law Enforcement and Criminal Justice.

    ERIC Educational Resources Information Center

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

    Issued by the Exemplary Projects Program, this document systematically identifies 19 outstanding criminal justice programs throughout the country and verifies their achievements, with the goal of encouraging widespread use of advanced criminal justice practices. Details on the operating methods, budget, staffing, training requirements, potential…

  2. 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.

  3. 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…

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

    DTIC Science & Technology

    2006-05-01

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

  5. Environmental Crimes in Military Actions and the International Criminal Court (ICC)-United Nations Perspectives

    DTIC Science & Technology

    2002-05-01

    about 20 million cubic meters of contaminated soil” and the marine environment – particularly the coral reefs — has still not recovered from the oil...March 2000 Republic of Moldova 8 September 2000 Romania 7 July 1999 Russian Federation 13 September 2000 Samoa 17 July 1998 San Marino 18 July... Marino - the Most Excellent Captain Regents of the Republic of San Marino "San Marino is committed to the International Criminal Court, it has

  6. 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.

  7. 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

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

    PubMed

    Erlinger, Rainer

    2007-01-01

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

  9. 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.

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

    PubMed

    Schöch, H

    2005-11-01

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

  11. 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.

  12. International Law and the Changing Character of War. Volume 87

    DTIC Science & Technology

    2011-01-01

    Ambassador Mary Ann Peters (Ret.) DEAN, CENTER FOR NAVAL WARFARE STUDIES Professor Robert Rubel CHAIRMAN, INTERNATIONAL LAW DEPARTMENT Professor Dennis L...www.usnwc.edu/ild. DENNIS MANDSAGER Professor of Law & Chairman International Law Department xxi Preface From June 22 to 24, 2010 the Naval War College...rejecting US justi- fication for use of force as self-defense on failure to meet burden of proof); Geoffrey Corn & Dennis Gyllensporre, International

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

    PubMed

    Weisstub, David N; Carney, Terry

    2006-01-01

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

  14. 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.…

  15. Violation of International Law on Paranal

    NASA Astrophysics Data System (ADS)

    1995-03-01

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

  16. 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

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

    PubMed

    Gibson, Mary

    2014-01-01

    This paper focuses on the creation of the criminal insane asylum in Italy between unification in 1861 and World War I. The establishment of criminal insane asylums was a triumph of the positivist criminology of Cesare Lombroso, who advocated for an institution to intern insane criminals in his classic work, Criminal Man (1876). As a context for the analysis of the birth of the criminal insane asylum in Italy, this essay also outlines the history of the insanity plea in Italian criminal law and the young discipline of psychiatry during the fifty years after Italian unification. © 2013.

  18. 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.

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

    DTIC Science & Technology

    1993-04-05

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

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

    PubMed

    Dahl, Hilde

    2017-02-01

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

  1. 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.

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

    PubMed

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

    2007-01-01

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

  3. 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.

  4. 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.

  5. 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

  6. The Relative Ineffectiveness of Criminal Network Disruption

    NASA Astrophysics Data System (ADS)

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

    2014-02-01

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

  7. [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.

  8. 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

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

    PubMed

    Haimowitz, Stephan; Rio, John

    2014-04-01

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

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

    ERIC Educational Resources Information Center

    Candlish, John

    1998-01-01

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

  11. International 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)

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

    PubMed

    Freckelton, Ian

    2012-03-01

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

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

    PubMed

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

    2014-01-01

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

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

    PubMed

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

    1995-01-01

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

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

    PubMed

    Berer, Marge

    2015-11-01

    The history of campaigns against female genital mutilation (FGM) began in the 1920s. From the beginning, it was recognised that FGM was considered an important rite of passage between childhood and adulthood for girls, based on the importance of controlling female sexuality to maintain chastity and family honour, and to make girls marriageable. How to separate the "cut" from these deeply held norms is a question not yet adequately answered, yet I believe the answer is key to stopping the practice. Since the 1994 ICPD, national and international action against FGM has grown and resolutions have been passed in global forums which define FGM as a form of violence and a violation of children's human rights. These resolutions have contributed to building consensus against FGM and developing national legislation criminalising FGM. Prosecutions or arrests involving FGM have been reported in several African countries and Great Britain, but apart from France, there have been very few. This paper summarises this history and how FGM has been criminalised. It argues that criminalisation may not be the best means of stopping FGM, but can have serious harmful effects itself. It calls for community-led educational information and more support for dialogue within FGM-practising communities, and argues that what is important is addressing the sexual and reproductive health consequences of FGM and gaining the understanding of women who have experienced it and their families as to why they should not make their daughters and grand-daughters go through it too. Copyright © 2015 Elsevier Inc. All rights reserved.

  16. International Comparison of Age Discrimination Laws.

    PubMed

    Lahey, Joanna N

    2010-11-01

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

  17. International Comparison of Age Discrimination Laws

    PubMed Central

    Lahey, Joanna N.

    2014-01-01

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

  18. Space Law and International Claimant Rights

    NASA Astrophysics Data System (ADS)

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

    2016-09-01

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

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

    ERIC Educational Resources Information Center

    Gould, Leroy C.; Gertz, Marc

    1994-01-01

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

  20. 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.

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

    PubMed

    Goodwin-gill, G S

    1986-01-01

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

  2. 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.

  3. 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

  4. The importance of domestic law to international arms control

    SciTech Connect

    Lehman, R.F. II

    1993-11-01

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

  5. 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.

  6. 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.

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

    PubMed

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

    2015-06-01

    The Psychopathy Checklist-Revised (PCL-R; Hare, 2003) is a professional rating scale that enjoys widespread use in forensic and correctional settings, primarily as a tool to inform risk assessments in a variety of types of cases (e.g., parole determinations, sexually violent predator [SVP] civil commitment). Although widely described as "reliable and valid" in research reports, several recent field studies have suggested that PCL-R scores provided by examiners in forensic cases are significantly less reliable than the interrater reliability values reported in research studies. Most of these field studies, however, have had small samples and only examined SVP civil commitment cases. This study builds on existing research by examining the reliability of PCL-R scores provided by forensic examiners in a much more extensive sample of Canadian criminal cases. Using the LexisNexis database, we identified 102 cases in which at least 2 scores were reported (of 257 total PCL-R scores). The single-rater intraclass correlation coefficient (ICC(A1)) was .59, indicating that a large percentage of the variance in individual scores was attributable to some form of error. ICC values were somewhat higher for sexual offending cases (.66) than they were for nonsexual offending cases (.46), indicating that poor interrater reliability was not restricted specifically to the assessment of sexual offenders. These and earlier findings concerning field reliability in legal cases suggest that the standard error of measurement for PCL-R scores that are provided to the courts is likely to be much larger than the value of 2.90 reported in the instrument's manual. (c) 2015 APA, all rights reserved).

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

    PubMed Central

    Patterson, David; London, Leslie

    2002-01-01

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

  9. 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…

  10. Postcode Criminals

    ERIC Educational Resources Information Center

    Hiett, Sandra; Kushner, Joann

    2013-01-01

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

  11. Assessing the Need for Hospitalization in Order to Conduct a Psychiatric Evaluation as part of Criminal Law Procedure.

    PubMed

    Olmer, Ahikam; Greenberg, Binyamin; Strous, Rael D

    2015-09-01

    In criminal law, psychiatrists are consulted regarding the "insanity defense" and the defendant's competency to stand trial. Court-ordered hospital admissions for such evaluations are on the increase, creating a major burden on the health system. To assess, in a hospital setting, whether hospitalization of the defendant is necessary for conducting a psychiatric evaluation. A 6 month prospective observational study exploring the phenomenon was conducted at the Beer Yaakov Mental Health Center. The psychiatrist was asked both at the initiation and at the end of the assessment process whether the subject was competent to stand trial and responsible for his/her actions and if hospitalization was necessary in order to conduct the evaluation. During the study period there were 112 admissions with a court request for a psychiatric evaluation. In 73 of the cases (65.2%) the evaluating psychiatrist believed there was no need for hospitalization. This assessment did not change by the end of the hospitalization in all cases. Employment and alcohol use were the only factors associated with a lower need for hospitalization (OR 0.24, 95% CI 0.07-0.77, and OR 0.34, 95% CI 0.13-0.90, respectively). In the majority of cases, based on the evaluating psychiatrist's responses, the evaluation could have been conducted without need for hospitalization. The findings indicate that an outpatient unit designated to write court-requested psychiatric evaluations could significantly reduce the rates of hospital admissions for this purpose.

  12. 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

  13. 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.

  14. 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

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

    PubMed

    Fidler, David P

    2008-01-01

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

  16. 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…

  17. 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…

  18. 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…

  19. International Law in a Global Age. A Teacher Handbook.

    ERIC Educational Resources Information Center

    Croddy, Marshall; Maxey, Phyllis

    This global approach to teaching high school students about international law uses existing curriculum materials from a variety of social studies disciplines to present five major perspectives. Perspective I, "Global Links," focuses on the meaning of citizenship in a global age and the interconnectedness between individuals and the…

  20. International Law in a Global Age. Student Materials.

    ERIC Educational Resources Information Center

    Croddy, Marshall; Maxey, Phyllis

    This global approach to teaching high school students about international law uses existing curriculum materials from a variety of social studies disciplines to present five major perspectives. Perspective I "Global Links," focuses on the meaning of citizenship in a global age and the interconnectedness between individuals and the…

  1. 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.…

  2. 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…

  3. No primrose path. Surrogacy and the role of the criminal law.

    PubMed

    Chalmers, D R

    1989-01-01

    The author briefly describes surrogacy and what is known and remains unknown about the surrogacy procedure. The article considers the recommendations in relation to surrogacy contained in the United Kingdom and Australian Reports on artificial conception. The article then considers the Surrogacy Arrangements Act 1985 (U.K.) and its interpretation in two subsequent cases. The author proposes that the present tendency of criminalising associated practices rather than surrogacy itself is questionable and an over-reaction to the procedure. The tendency of using contract law in relation to surrogacy is also questioned. The author finally points out that some reports and authors have suggested that there may be a good case for government regulation of the procedures of surrogacy.

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

    PubMed

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

    2012-01-01

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

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

    PubMed

    Merkel, Reinhard; Putzke, Holm

    2013-07-01

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

  6. 78 FR 34702 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-06-10

    ...:30 p.m., at the George Washington University Law School (Frederick Lawrence Student Conference Center..., Internet governance and international law, corporate social responsibility, compliance mechanisms for...

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

    DTIC Science & Technology

    2000-12-01

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

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

    PubMed

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

    1992-01-01

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

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

    DTIC Science & Technology

    2014-12-01

    Army Navy (PLAN) gunned down 60 Vietnamese soldiers who were planting a flag on Johnson Reef , Spratly Islands. Since 1999, Vietnam has protested an...and the weak do what they must.”5 For example, Stalin and the Soviet Union placed great faith in the Molotov- Ribbentrop Pact of 1939. In 1941, the...further argue international law was an “epiphenomenon” of power, as it is a tool used by powerful states against weaker states.6 Because the great

  10. Criminal Law Study Guide

    DTIC Science & Technology

    1989-03-01

    hesitate to advise us of any errors which you discover. Citation form in the Navy and Marine Corps is generally controlled by A Uniform System of...ability to control it impaired." The court went on to use the proximate cause doctrine to show the causal relationship of the accused’s negligence and...from the exact scene of the crime is not controlling . What is required is that the aider and abettor be located where he or she can assist in some

  11. Criminal Law Study Guide.

    DTIC Science & Technology

    1988-03-01

    1968); United States v. Grey, 1 M.J. 874 (A.F.C.M.R. 1976); United States v. Gonzales , 12 M.J. 747 (A.F.C.J’.R. 1981). ’I.W b. United States v...1979); United States v. Davis, 4 M.J. 752 (A.F.C.M.R. 1978); United States v. Seeger, 2 M.J. 249 (A.F.C.M.R. 1976); United States v. Cuevas -Ovalle...overseas, this limitation may preclude use of the statute. See, e.g., United States v. Cuevas -Ovalle, 6 M.J. 909 (A.C.M.R. 1979). On the other hand

  12. Criminal Law Study Guide

    DTIC Science & Technology

    1991-08-01

    Gonzales , 12 M.J. 747 (A.F.C.M.R. 1981). b. United States v. Whitcomb, 1 M.J. 230 (C.M.A. 1975) and United States v. Wright, 48 C.M.R. 319 (A.C.M.R. 1974...1978); United-States v. Seeger, 2 M.J. 249 (A.F.C.M.R. 1976); United-States v. Cuevas -Ovalle, 6 M.J. 909 (A.C.M.R. 1979); United States v. King, 4 M.J... Cuevas -Ovalle, 6 M.J. 909 (A.C.M.R. 1979). On the other hand, United States v. Wilmot, 11 C.M.A. 698, 29 C.M.R. 514 (1960), reveals that the courts

  13. 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

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

    PubMed

    Tang, Kwong-leung

    2008-01-01

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

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

    PubMed Central

    Cloatre, Emilie; Pickersgill, Martyn

    2014-01-01

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

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

    PubMed

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-02

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

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

    ERIC Educational Resources Information Center

    Hooghoff, Hans

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

  18. [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".

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

    PubMed Central

    Lorin De La Grandmaison, Geoffroy; Durigon, Michel; Moutel, Grégoire; Hervé, Christian

    2006-01-01

    War crimes in the former Yugoslavia since 1991 have been subjected to several international medico-legal investigations of mass graves within the framework of inquiries led by the 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 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 answer was 38%. The majority of the forensic pathologists questioned (n=18) did not know how the medico-legal data were exploited by the ICTY. Three of them have been subjected to pressures. Three of them were aware of mass grave sites wittingly 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: a conviction ethics which is shared by most of the forensic pathologists questioned and a responsibility ethics. In the first, the forensic pathologist completely agrees with the need for an international war crime tribunal even if such justice can be challenged regarding the respect of human rights and impartiality. In the second, he or she needs to conduct himself in ways that do not infringe impartiality. As medical deontology duty requires an 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 the way of humanitarian mission of victims’ identification combined with forensic investigations for historical purposes could be considered. PMID:16909642

  20. 25 CFR 11.411 - Criminal trespass.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  1. 25 CFR 11.411 - Criminal trespass.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false Criminal trespass. 11.411 Section 11.411 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.411 Criminal trespass. (a) A person commits an offense if, knowing...

  2. [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.

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

    ERIC Educational Resources Information Center

    Goodwin-Gill, Guy S.

    1989-01-01

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

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

    ERIC Educational Resources Information Center

    Goodwin-Gill, Guy S.

    1989-01-01

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

  5. A Criminal Case in the Chinese Courts.

    ERIC Educational Resources Information Center

    Feinerman, James V.

    1992-01-01

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

  6. A Criminal Case in the Chinese Courts.

    ERIC Educational Resources Information Center

    Feinerman, James V.

    1992-01-01

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

  7. The role of science in international trade law.

    PubMed

    Lugard, Maurits; Smart, Michael

    2006-02-01

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

  8. 76 FR 72023 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-11-21

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

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

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-25

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

  10. 76 FR 30229 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-24

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

  11. 75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-08

    ... of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Monday, June 21, 2010, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Michael K. Young Faculty Conference Center, 5th Floor), 2000...

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

    PubMed

    Mullen, Kacy L; Edens, John F

    2008-05-01

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

  13. A Criminal Schema: The Role of Chronicity, Race, and Socioeconomic Status in Law Enforcement Officials’ Perceptions of Others

    DTIC Science & Technology

    1994-01-01

    Kelly, 1955). The ease of accessing a schema that is frequently used has been demonstrated (e. g., Bargh , Bond, Lombardi, & Tota, 1986; Higgins et al...1982; Higgins, Bargh , & Lombardi, 1985). A LE official’s schema of a criminal can be so constantly in use that it might inappropriately be employed...burglary suspect named William . A 3 X 3 X 2 factorial design involved William’s race (black, white, or none given), his SES (high, low, or none given

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

    ERIC Educational Resources Information Center

    Drummond, Frank J.

    2009-01-01

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

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

    ERIC Educational Resources Information Center

    Drummond, Frank J.

    2009-01-01

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

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

    PubMed Central

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

    1999-01-01

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

  17. Suicide, Canadian law, and Exit International's "peaceful pill".

    PubMed

    Ogden, Russel D

    2010-11-01

    Australia's Exit International ("Exit") is probably the most visible and controversial right-to-die organization in the world. Founded by Dr. Philip Nitschke, Exit is known for do-it-yourself ("DIY") suicide workshops and a book banned in Australia: The Peaceful Pill Handbook. In 2009, Exit held its first workshop in Canada. Due to legal concerns, the Vancouver Public Library reneged on a commitment to give Exit a venue, so the workshop proceeded in the sanctuary of a church hall. This article summarizes the history of suicide law in Canada and gives an overview of the emerging DIY movement. A case report describes how a Canadian woman studied Exit's literature and learned how to import veterinary pentobarbital. In accordance with Exit's information, she ended her life. Ethical and legal implications for researching DIY suicide are discussed and it is argued that prohibition contributes to an undesirable situation of uncontrolled and unregulated suicide. Whether they are prohibited, permitted, or tolerated, suicide and assisted suicide are controversial. Their legal treatment in Canada is conflicting because suicide is not a crime but it is a serious offense to assist, encourage, or counsel someone to suicide. Individuals can lawfully take their lives, but they must act independently. This legal situation has given rise to a do-it-yourself ("DIY") right-to-die movement dedicated to technologies and information to enhance the possibilities for planned and humane suicide, while limiting the legal exposure of sympathetic third parties (Martin, 2010; Ogden 2001). My aim is to summarize the legal history of suicide in Canada and discuss the emerging social movement for DIY suicide and assistance in suicide. Exit International ("Exit"), based in Australia, is a leading organization in this movement. I present a case report that describes how a Canadian woman ended her life using DIY techniques learned from Exit. Some ethical and legal implications for researching DIY

  18. 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

  19. International energy program and United States antitrust law

    SciTech Connect

    Carr, R.G.

    1983-01-01

    Congress granted participating US oil companies a limited antitrust defense, through Section 252 of the Energy Policy and Conservation Act of 1975, for certain actions taken in carrying out the International Energy Agency's (IEA) emergency oil allocation and information systems. These limits (1) apply only to actions taken in accordance with approved voluntary plans, (2) are not applicable if the purpose is to injure competition, and (3) apply only to voluntary plans or agreements concerning allocation and information provisions of the International Energy Program. These limitations are augmented by other antitrust safeguards incorporated in the Voluntary Agreement. Actions by oil companies outside antitrust defense do not necessarily violate the antitrust laws. A May 1981 revised draft of Plan of Action was issued by DOE. Comments raised are concerns for independent transactions and whether the limited antitrust defense should be extended to some reallocation activities independent of IEA requests. Risks (such as collusion) arising from participation in meetings with government and joint action by competitors are outlined. 15 references.

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

    PubMed

    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.

  1. 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

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

    PubMed

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

    1997-10-01

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

  3. 43 CFR 9269.3 - Criminal trespass.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 43 Public Lands: Interior 2 2011-10-01 2011-10-01 false Criminal trespass. 9269.3 Section 9269.3..., DEPARTMENT OF THE INTERIOR TECHNICAL SERVICES (9000) LAW ENFORCEMENT-CRIMINAL Technical Services § 9269.3 Criminal trespass. ...

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

    PubMed

    Iyioha, Ireh

    2012-09-01

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

  5. [Civil and criminal laws regarding the donation, removal and transfer of organs (Transplantation Law) in Germany with respect to administrative and clinical autopsies].

    PubMed

    Dufková, J

    2000-07-01

    In the Federal Republic of Germany, transplantation medicine, which is relatively young and still developing, is now regulated by the law governing the donation, removal and transfer of organs (Transplantation Law--TPG) of 05. 11. 1997 and has been given a legal basis which satisfies even present-day standards. By evaluating the highly personal rights to potential organ donor and of his next-of-kin against the interests of maintaining life and health of others, the law works along the lines of the so-called extended consent solution. The basic civil law stipulations of sections 3 + 4 TPG, while protecting the donor's individual freedom of decision, give his next-of-kin or trusted confidant at or immediately following death the right to communicate his presumes wishes. In addition, it must be stated that through recent decisions handed down by the Federal Constitutional Court (Bundesverfassungsgericht) in response to various complaints, this regulation has been recognised as conforming to constitutional laws. The basic content of the penal regulations states that violations of civil law rules and trafficking in organs are an offence. Current disclosed requirements for suitable donor organs, in particular for 1998, make it appear likely that the current deficit can be eliminated by the introduction of the organisational measures contained in the law. In conclusion, the situation with regard to autopsy should be addressed since, in contrast to the federal transplantation law which applies to all states, autopsy is regulated differently and, from a legal-political standpoint, unsatisfactorily by each individual state. It is desirable that this legal ambiguity be corrected by standardising the inconsistent and at times non-existent legal stipulations.

  6. The Place of International Law in Departments of Political Science/Government.

    ERIC Educational Resources Information Center

    Ku, Charlotte

    This paper focuses on the teaching of international law in the University of Virginia's (Charlottesville) Department of Government and Foreign Affairs. It highlights the international law curriculum as part of the Foreign Affairs Department's course offerings and describes the purposes and objectives of courses in this curriculum. Problems that…

  7. Criminal Justice Curriculum Models.

    ERIC Educational Resources Information Center

    Lumb, Richard C.; Alm, Mary

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

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

    PubMed

    De Fazio, Laura

    2011-01-01

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

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

    PubMed

    Goodwin-gill, G S

    1989-01-01

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

  10. The matrix: A comparison of international wilderness laws

    Treesearch

    Peter Landres; Brad Barr; Cyril F. Kormos

    2008-01-01

    The following matrix provides a comparison of wilderness laws around the world. This matrix is divided into four parts, each focusing on a key area of wilderness legislation: the definition of wilderness; the overall legislative purpose; uses allowed by the legislation; and administration and management requirements under law. A more thorough analysis of individual...

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

    ERIC Educational Resources Information Center

    Szasz, Paul C.

    1991-01-01

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

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

    ERIC Educational Resources Information Center

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

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

  13. 33 CFR 1.07-95 - Civil and criminal penalties.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  14. 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...

  15. 33 CFR 1.07-95 - Civil and criminal penalties.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 1 2013-07-01 2013-07-01 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...

  16. 33 CFR 1.07-95 - Civil and criminal penalties.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 1 2011-07-01 2011-07-01 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...

  17. Rule of Law Assistance: DOD Should Assess Workforce Size of Defense Institute of International Legal Studies

    DTIC Science & Technology

    2016-12-01

    RULE OF LAW ASSISTANCE DOD Should Assess Workforce Size of Defense Institute of International Legal Studies Report to the Committee on...ASSISTANCE DOD Should Assess Workforce Size of Defense Institute of International Legal Studies What GAO Found For fiscal years 2013 through 2016, the...Defense Institute of International Legal Studies (DIILS) conducted over 500 rule of law events in almost 100 countries, and it assessed the quality

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

    PubMed

    Vidas, Davor

    2011-03-13

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

  19. 78 FR 55772 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-09-11

    ... of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on... areas, e.g., international family law; micro, small and medium enterprises; the Cape Town Convention...

  20. 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.

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

    NASA Astrophysics Data System (ADS)

    Harris, R. A.

    1999-06-01

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

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

    ERIC Educational Resources Information Center

    Gavin, Helen; Hockey, David

    2010-01-01

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

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

    PubMed

    Hartford, Kathleen; Carey, Robert; Mendonca, James

    2007-03-01

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

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

    ERIC Educational Resources Information Center

    Wholey, Douglas R.

    1985-01-01

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

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

    ERIC Educational Resources Information Center

    Husbands, Robert

    1992-01-01

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

  6. 77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-30

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

  7. 77 FR 58606 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-09-21

    .... Department of State Advisory Committee on Private International Law (ACPIL): Notice of Public Meeting of the Study Group on Choice of Law in International Commercial Contracts The Office of the Assistant Legal... Study Group on Choice of Law in International Commercial Contracts. A working group of experts...

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

    ERIC Educational Resources Information Center

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

    2015-01-01

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

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

    ERIC Educational Resources Information Center

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

    2015-01-01

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

  10. 77 FR 32167 - Notice of Renewal of Advisory Committee on International Law Charter

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-31

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

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

    DTIC Science & Technology

    1999-06-01

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

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

    PubMed

    Garcet, S

    2015-12-01

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

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

    ERIC Educational Resources Information Center

    Arizona State Board of Directors for Junior Colleges, Phoenix.

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

  14. 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

  15. 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.

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

    PubMed

    Horton, L R

    2001-12-01

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

  17. Criminal Charges in Corporate Scandals

    DTIC Science & Technology

    2007-11-02

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

  18. 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…

  19. 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.…

  20. 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.…

  1. 75 FR 70961 - Notice of Meeting of the Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-11-19

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE Notice of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on... international piracy; sovereign immunity of foreign government officials; U.N. resolutions and...

  2. 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…

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

    PubMed

    Cook, R J; Dickens, B M

    1978-07-01

    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.

  4. 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

  5. The Terrorist as a Belligerent Under International Law

    DTIC Science & Technology

    1987-04-01

    the acccused to the appropriate authorities for disposition. 176 Most countries provide in their penal codes that attacks or attempted attacks... Derecho International, 1962, quoted in Inter-American Juridical Committee, "Statement of Reasons for the Draft Convention on Terrorism and Kidnapping

  6. Teaching International Business Law: A Liberal Arts Perspective

    ERIC Educational Resources Information Center

    MacDonald, Diane B.; Ramaglia, Judith A.

    2004-01-01

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

  7. Teaching International Business Law: A Liberal Arts Perspective

    ERIC Educational Resources Information Center

    MacDonald, Diane B.; Ramaglia, Judith A.

    2004-01-01

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

  8. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-05

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

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

    PubMed Central

    Eckhardt, Jappe; Elsig, Manfred

    2016-01-01

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

  10. 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.

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

    PubMed

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

    2004-07-29

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

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

    PubMed

    Argüello Moncayo, Gabriela

    2016-08-15

    The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling. Copyright © 2016 Elsevier Ltd. All rights reserved.

  13. 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.

  14. Criminal Law Study Guide. Revision

    DTIC Science & Technology

    1990-05-01

    1968); United States v. Grey, 1 M.J. 874 (A.F.C.M.R. 1976); United States v. Gonzales , 12 M.J. 747 (A.F.C.M.R. 1981). b. United States v. Whitcomb, 1...States v. Davis, 4M.J.752(A.F.C.M.R. 1978); UnitedStatesv. Seeger, 2 M.J. 249 (A. F.C.M.R. 1976); UnitedStates v. Cuevas -Ovale, 6 M.J. 909 (A.C.M.R. 1979...preclude use of the statute. See, e.g., United States v. Cuevas -Ovalle, 6 M.J. 909 (A.C.M.R. 1979). On the other hand, United States v. Wilmot, 11 C.M.A

  15. Criminal Justice in America. Second Edition.

    ERIC Educational Resources Information Center

    Croddy, Marshall; And Others

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

  16. Breaking into Careers in Criminal Justice.

    ERIC Educational Resources Information Center

    De Lucia, Robert C.

    1993-01-01

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

  17. Breaking into Careers in Criminal Justice.

    ERIC Educational Resources Information Center

    De Lucia, Robert C.

    1993-01-01

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

  18. 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…

  19. [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.

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

    PubMed

    Cicekli, B

    1999-01-01

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

  1. 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.

  2. Law.

    ERIC Educational Resources Information Center

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

    1978-01-01

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

  3. Law.

    ERIC Educational Resources Information Center

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

    1978-01-01

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

  4. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... repository of criminal justice records, that indicates the following: The charge or section of law violated... state's repository of criminal justice records as an official record from its repository or by a court... 8 Aliens and Nationality 1 2011-01-01 2011-01-01 false Evidence of criminal conviction. 1003.41...

  5. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... repository of criminal justice records, that indicates the following: The charge or section of law violated... state's repository of criminal justice records as an official record from its repository or by a court... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Evidence of criminal conviction. 1003.41...

  6. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... repository of criminal justice records, that indicates the following: The charge or section of law violated... state's repository of criminal justice records as an official record from its repository or by a court... 8 Aliens and Nationality 1 2012-01-01 2012-01-01 false Evidence of criminal conviction. 1003.41...

  7. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... repository of criminal justice records, that indicates the following: The charge or section of law violated... state's repository of criminal justice records as an official record from its repository or by a court... 8 Aliens and Nationality 1 2013-01-01 2013-01-01 false Evidence of criminal conviction. 1003.41...

  8. 8 CFR 1003.41 - Evidence of criminal conviction.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... repository of criminal justice records, that indicates the following: The charge or section of law violated... state's repository of criminal justice records as an official record from its repository or by a court... 8 Aliens and Nationality 1 2014-01-01 2014-01-01 false Evidence of criminal conviction. 1003.41...

  9. 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.…

  10. 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.…

  11. 8 CFR 287.2 - Disposition of criminal cases.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 8 Aliens and Nationality 1 2011-01-01 2011-01-01 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...

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

    PubMed

    Skålevåg, Svein Atle

    2014-01-01

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

  13. 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.

  14. 78 FR 38430 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-06-26

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

  15. 19 CFR 147.22 - Compliance with the internal revenue laws and Federal Alcohol Administration Act.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

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

    ERIC Educational Resources Information Center

    Perry-Hazan, Lotem

    2015-01-01

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

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

    ERIC Educational Resources Information Center

    Leary, John E., Jr.

    2000-01-01

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

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

    ERIC Educational Resources Information Center

    Perry-Hazan, Lotem

    2015-01-01

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

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

    ERIC Educational Resources Information Center

    Leary, John E., Jr.

    2000-01-01

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

  20. 78 FR 72971 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-12-04

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

  1. 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

  2. Addicted mothers to be criminalized in Tennessee.

    PubMed

    Koren, Gideon; Hutson, Janine

    2014-01-01

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

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

    ERIC Educational Resources Information Center

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

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

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

    ERIC Educational Resources Information Center

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

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

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

    ERIC Educational Resources Information Center

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

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

  6. 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,…

  7. 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,…

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

    NASA Astrophysics Data System (ADS)

    Cliquet, A.

    2014-10-01

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

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

    PubMed

    Cliquet, A

    2014-10-01

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

  10. 76 FR 56865 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-09-14

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

  11. 77 FR 72904 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-06

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of Public Meeting of the Study Group on the Hague Convention on Choice of Court Agreements The Office of the Assistant Legal Adviser for Private International Law,...

  12. 75 FR 22674 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-04-29

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

  13. 75 FR 55846 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-09-14

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

  14. 75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-09

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

  15. 77 FR 12353 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-29

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

  16. 77 FR 50758 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-22

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

  17. 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…

  18. 25 CFR 11.902 - Non-criminal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

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

  19. 26 CFR 601.107 - Criminal investigation functions.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  20. 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…

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

    NASA Astrophysics Data System (ADS)

    Prabhu, Kartik

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

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

    NASA Astrophysics Data System (ADS)

    Prabhu, Kartik

    2017-02-01

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

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

    PubMed

    Pinet, Geneviève

    2003-01-01

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

  4. Controlling Underage Drinking: Fear of Law Enforcement or Internalized Normative Values?

    PubMed

    Cook, Won Kim

    2013-11-22

    Previous research on alcohol control policies has generally taken a deterrence perspective. Whether internalized normative values, consistent with the changes intended by alcohol policies, were a potential base for securing public compliance with them has received little research attention. To fill this gap, this study examined whether underage young adults' support for underage drinking laws was associated with their alcohol use. National Alcohol Surveys (NAS) data collected in 1995-2005 were used. Multivariate logistic regression analyses were conducted. Covariates included: sex, race, education level, household income, positive alcohol expectancies, the perceived likelihood of law enforcement, and the availability and affordability of alcohol. Controlling for other covariates, support for underage drinking laws was significantly associated with some drinking outcomes. Underage young adults who were not supportive of the minimum legal drinking age law were more likely to engage in frequent binge drinking (OR=3.08) and drinking driving (OR=4.17), and to have initiated drinking at age 16 or younger (OR=2.37). Those who indicated a lower degree of support for the zero-tolerance drunk driving law had higher odds of drinking driving (OR=4.36), as well as higher odds of having ever had alcohol (OR=5.46), current drinking (OR=5.36), and having initiated drinking at the age of 16 or younger (OR=3.09). The perceived likelihood of law enforcement was protective only from frequent binge drinking (OR=0.09). A clear articulation of potential harms associated with underage drinking to help legitimize underage drinking laws, along with their rigorous enforcement, may help reduce underage drinking.

  5. Controlling Underage Drinking: Fear of Law Enforcement or Internalized Normative Values?

    PubMed Central

    Cook, Won Kim

    2014-01-01

    Background Previous research on alcohol control policies has generally taken a deterrence perspective. Whether internalized normative values, consistent with the changes intended by alcohol policies, were a potential base for securing public compliance with them has received little research attention. To fill this gap, this study examined whether underage young adults’ support for underage drinking laws was associated with their alcohol use. Methods National Alcohol Surveys (NAS) data collected in 1995–2005 were used. Multivariate logistic regression analyses were conducted. Covariates included: sex, race, education level, household income, positive alcohol expectancies, the perceived likelihood of law enforcement, and the availability and affordability of alcohol. Results Controlling for other covariates, support for underage drinking laws was significantly associated with some drinking outcomes. Underage young adults who were not supportive of the minimum legal drinking age law were more likely to engage in frequent binge drinking (OR=3.08) and drinking driving (OR=4.17), and to have initiated drinking at age 16 or younger (OR=2.37). Those who indicated a lower degree of support for the zero-tolerance drunk driving law had higher odds of drinking driving (OR=4.36), as well as higher odds of having ever had alcohol (OR=5.46), current drinking (OR=5.36), and having initiated drinking at the age of 16 or younger (OR=3.09). The perceived likelihood of law enforcement was protective only from frequent binge drinking (OR=0.09). Conclusion A clear articulation of potential harms associated with underage drinking to help legitimize underage drinking laws, along with their rigorous enforcement, may help reduce underage drinking. PMID:25243198

  6. The Role of International Human Rights Norms in the Liberalization of Abortion Laws Globally.

    PubMed

    Fine, Johanna B; Mayall, Katherine; Sepúlveda, Lilian

    2017-06-01

    International and regional human rights norms have evolved significantly to recognize that the denial of abortion care in a range of circumstances violates women's and girls' fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws by both influencing domestic high court decisions on abortion and serving as a critical resource in advancing law and policy reform. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women's access to safe abortion services, demonstrating the influence of these human rights standards in advancing women's reproductive freedom. These norms have also underpinned national-level abortion law and policy reform, including in countries such as Spain, Rwanda, Uruguay, and Peru. As these human rights norms further evolve and increasingly recognize abortion as a human rights imperative, these standards have the potential to bolster transformative jurisprudence and law and policy reform advancing women's and girls' full reproductive autonomy.

  7. The Role of International Human Rights Norms in the Liberalization of Abortion Laws Globally

    PubMed Central

    Fine, Johanna B.; Mayall, Katherine; Sepúlveda, Lilian

    2017-01-01

    Abstract International and regional human rights norms have evolved significantly to recognize that the denial of abortion care in a range of circumstances violates women’s and girls’ fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws by both influencing domestic high court decisions on abortion and serving as a critical resource in advancing law and policy reform. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women’s access to safe abortion services, demonstrating the influence of these human rights standards in advancing women’s reproductive freedom. These norms have also underpinned national-level abortion law and policy reform, including in countries such as Spain, Rwanda, Uruguay, and Peru. As these human rights norms further evolve and increasingly recognize abortion as a human rights imperative, these standards have the potential to bolster transformative jurisprudence and law and policy reform advancing women’s and girls’ full reproductive autonomy. PMID:28630542

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

    PubMed

    Lines, Rick

    2008-01-01

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

  9. International Law: How It Affects Rules of Engagement and Responses in Information Warfare

    DTIC Science & Technology

    1997-03-01

    AU/ACSC/0217/97-03 INTERNATIONAL LAW HOW IT AFFECTS RULES OF ENGAGEMENT AND RESPONSES IN INFORMATION WARFARE A Research Paper Presented To The...Documentation Page Report Date 01MAR1997 Report Type N/A Dates Covered (from... to) - Title and Subtitle How it Affects Rules of Engagement and...3 Figure 2. Elements that Affect the Basis of ROE ............................................................21 Figure

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

    DTIC Science & Technology

    1976-03-01

    This glossary contains over 750 terms encountered in international maritime law texts. It includes terms of the art, fairly common abbreviations...recorded exactly as they appear in formal texts. The bulk of the terms were obtained through careful comparison of parallel English and Russian texts...remainder of the terms were culled from texts of related disciplines such as marine navigation, seamanship, shipboard terminology, fisheries, etc

  11. 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.

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

    PubMed

    Andorno, Roberto

    2002-01-01

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

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

    PubMed

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

    2015-01-01

    If an international legal agreement is needed for any of today's global health challenges, it would be antibiotic resistance (ABR). This challenge is transnational, its solution justifies coercion, tangible benefits are likely to be achieved, and other commitment mechanisms have thus far not been successful. Since addressing ABR depends on near-universal and interdependent collective action across sectors, states should utilize an international legal agreement - which formally represents the strongest commitment mechanism available to them. © 2015 American Society of Law, Medicine & Ethics, Inc.

  14. The effect of internal possession laws on underage drinking among high school students: a 12-state analysis.

    PubMed

    Disney, Lynn D; LaVallee, Robin A; Yi, Hsiao-Ye

    2013-06-01

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

  15. 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

  16. 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...

  17. 22 CFR 1101.16 - Criminal penalties.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Criminal penalties. 1101.16 Section 1101.16 Foreign Relations INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO, UNITED STATES SECTION PRIVACY ACT OF 1974 § 1101.16 Criminal penalties. (a) Under the provisions of the Act, it is a...

  18. 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...

  19. 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.

  20. 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.

  1. 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...

  2. Criminal Alien Accountability Act

    THOMAS, 111th Congress

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

    2009-06-11

    07/23/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  3. Criminal Alien Accountability Act

    THOMAS, 111th Congress

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

    2009-06-11

    07/23/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  4. Criminal Alien Accountability Act

    THOMAS, 111th Congress

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

    2009-06-11

    House - 07/23/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  5. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-01-05

    ... domestic and international developments in private international law; provides a means for state, local and... Committee focuses on work undertaken or proposed in various international bodies, including but not limited..., organizations, academic centers and others can participate in all aspects of the Committee's work. Notices...

  6. 75 FR 47877 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-09

    ... UNCITRAL Working Group on International Arbitration and Conciliation In June, the United Nations Commission on International Trade Law (UNCITRAL) approved revisions to the 1976 UNCITRAL Arbitration Rules. The... UNCITRAL Working Group on International Arbitration and Conciliation will take up the topic of transparency...

  7. 22 CFR 210.625 - Criminal drug statute.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  8. 22 CFR 210.625 - Criminal drug statute.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

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

    PubMed

    Gostin, Lawrence O

    2004-06-02

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

  10. 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:…

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

    PubMed

    Elliott, Richard; Utyasheva, Leah; Zack, Elisse

    2009-11-09

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

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

    NASA Astrophysics Data System (ADS)

    Marx, Andrew J.

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

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

    DTIC Science & Technology

    2001-04-01

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

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

    DTIC Science & Technology

    2012-04-01

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

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

    SciTech Connect

    Hirsch, M.

    1998-12-31

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

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

    PubMed Central

    Andorno, Roberto

    2002-01-01

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

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

    SciTech Connect

    Springer, A.L.

    1983-01-01

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

  18. 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.

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

    PubMed

    Ronel, Natti

    2011-12-01

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

  20. 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…

  1. 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

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

    ERIC Educational Resources Information Center

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

    2008-01-01

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

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

    ERIC Educational Resources Information Center

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

    2008-01-01

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

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

    ERIC Educational Resources Information Center

    Jefferson, Kurt W.

    1999-01-01

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

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

    PubMed

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

    2007-01-01

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

  6. 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…

  7. 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…

  8. 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…

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

    PubMed

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

    2011-01-01

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

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

    PubMed Central

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

    2011-01-01

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

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

    NASA Astrophysics Data System (ADS)

    Ormerod, Paul

    2002-11-01

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

  12. 45 CFR 73.735-503 - Criminal provisions relating to gifts, entertainment, and favors.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

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

    Code of Federal Regulations, 2014 CFR

    2014-10-01

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

  14. 45 CFR 2554.51 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2014 CFR

    2014-10-01

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

  15. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2014 CFR

    2014-01-01

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

  16. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  17. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2012 CFR

    2012-10-01

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

  18. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2013 CFR

    2013-01-01

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

  19. 45 CFR 2554.51 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

  20. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  1. 45 CFR 2554.51 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  2. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2012 CFR

    2012-01-01

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

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

    Code of Federal Regulations, 2012 CFR

    2012-10-01

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

  4. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

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

    ERIC Educational Resources Information Center

    Eau Claire Area Public Schools, WI.

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

  6. 7 CFR 1962.49 - Civil and criminal cases.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

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

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

    ERIC Educational Resources Information Center

    Eau Claire Area Public Schools, WI.

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

  8. 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.

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

    PubMed

    Asante-Duah, K; Nagy, I V

    2001-06-01

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

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

    PubMed

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

    2005-11-01

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

  11. Nurturing Respect for the Law.

    ERIC Educational Resources Information Center

    Ioffe, M. G.

    1978-01-01

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

  12. Nurturing Respect for the Law.

    ERIC Educational Resources Information Center

    Ioffe, M. G.

    1978-01-01

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

  13. 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…

  14. 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…

  15. 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?

  16. Criminal Justice and Criminology. Library Research Guide.

    ERIC Educational Resources Information Center

    White, Phillip M.

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

  17. Monitoring for Criminal Justice Planning Agencies.

    ERIC Educational Resources Information Center

    Waller, John D.; And Others

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

  18. 12 CFR 550.136 - To what extent do State laws apply to my fiduciary operations?

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

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

    PubMed

    Logan, Wayne A

    2011-01-01

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

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

    PubMed Central

    Disney, Lynn D.; Yi, Hsiao-ye

    2013-01-01

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

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

    PubMed

    Aginam, Obijiofor

    2005-09-01

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

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

    ERIC Educational Resources Information Center

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

    2007-01-01

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

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

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-09-24

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

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

    ERIC Educational Resources Information Center

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

    2007-01-01

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

  5. 76 FR 51119 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-08-17

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting The Department... Adviser, Department of State. BILLING CODE 4710-08-P...

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

    PubMed

    Liberman, J

    2011-12-01

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

  7. 78 FR 69172 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-18

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

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

    ERIC Educational Resources Information Center

    Daly, Kimberley

    2012-01-01

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

  9. 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

  10. 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.

  11. International law, national policymaking, and the health of trafficked people in the UK.

    PubMed

    Oram, Siân; Zimmerman, Cathy; Adams, Brad; Busza, Joanna

    2011-12-15

    Human trafficking has been recognized both by the international community and many individual states around the world as a serious violation of human rights. Trafficking is associated with extreme violence and a range of physical, mental, and sexual health consequences. Despite the extreme nature of the harm caused by human trafficking, harm is not a concept that is integrated in the definition of trafficking or in policies to address the health of trafficked people. This paper examines the United Kingdom's response to human trafficking as a case study to explore national policy responses to the health needs of trafficked people and assess the willingness of UK authorities to implement international and regional law in securing trafficked people's health rights. Between 2007 and 2010, data on the development of the UK response to trafficking were obtained through 46 interviews with key trafficking policy stakeholders and health care providers, participant observation at 41 policy-relevant events, and document collection. Framework analysis was used to analyze the data. International and regional instruments specifically protect the health rights of trafficked people. Yet, UK engagement with trafficked people's health rights has been limited to granting, under certain circumstances, free access to health care services. Changes to trafficked people's entitlements to free health care occurred following the ratification of the Council of Europe Convention on Action Against Trafficking in Human Beings, but had limited impact on trafficked people's access to medical care. International and regional instruments that provide specific or mandated instruction about states' health care obligations can be effective in furthering the health rights of vulnerable migrant groups. The UK government has demonstrated limited appetite for exceeding its minimum obligations to provide for the health of trafficked people, however, and key principles for promoting the health rights of

  12. 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…

  13. 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…

  14. 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…

  15. 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…

  16. 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…

  17. 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…

  18. 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…

  19. 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…

  20. 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…

  1. 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…

  2. 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…

  3. Indian Law Enforcement History.

    ERIC Educational Resources Information Center

    Etheridge, David

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

  4. 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)

  5. 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)

  6. 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,…

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

    PubMed

    Sándor, Judit

    2008-03-01

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

  8. Criminal Psychological Profiling

    DTIC Science & Technology

    1993-10-18

    6 2. Literature Review .............................. 7 Profiling in Popular Entertainment ...... 8 Theories of Criminal Behavior ........... 11 Early...of the basic theories of criminal behavior, leading up to the psychological explanations of crime. This is provided in an effort to establish the...style of profiling was not achieved easily. It was a long and involved process that began with a mix of psychology and theories of criminal behavior

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

    NASA Astrophysics Data System (ADS)

    Grabski, Jakub Krzysztof; Kołodziej, Jan Adam

    2016-06-01

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

  10. Law and Social Change in Marxist Africa

    ERIC Educational Resources Information Center

    Hazard, John N.

    1970-01-01

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

  11. Law and Social Change in Marxist Africa

    ERIC Educational Resources Information Center

    Hazard, John N.

    1970-01-01

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

  12. Ethics and law for the radiologic technologist.

    PubMed

    Lynn, S D

    1999-01-01

    Radiologic technologists face daily decisions based on both ethics and law. Ethics has a long history in medicine and includes biomedical, professional and personal ethics. Health care professionals also must be aware of administrative, constitutional, civil and criminal law. They are subject to both criminal and civil penalties for misconduct in the course of carrying out professional duties.

  13. 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.

  14. Civil Registration and Vital Statistics, Emergencies, and International Law: Understanding the Intersection.

    PubMed

    Brolan, Claire E; Gouda, Hebe

    2017-05-01

    Civil registration and vital statistics (CRVS) systems are typically run by governments to record every birth, adoption, death, marriage, and divorce that occurs among a country's population. Registration of vital events provides individuals with a formal relationship with the State and each other, and is the foundation of a person's identity, nationality, and legal status. At a population level, vital statistics are essential for effective planning and implementation of policies and services. Globally, strong CRVS systems are increasingly recognised as a crucial backbone for redressing health inequities and as a priority in strengthening global health and development efforts. Many countries, however, currently lack adequate and reliable CRVS systems, leaving many people vulnerable to statelessness, limited access to important government services (such as education and health services), and effective legal protection. Public health and humanitarian emergencies in such contexts can expose those already disadvantaged and marginalised to heightened risk. CRVS systems weakened by crises make registration difficult or impossible and unregistered people may be displaced or separated from their families, exacerbating their susceptibility. The presence of a strong CRVS system, therefore, can facilitate effective and cost-effective emergency responses, help prevent exploitation of individuals (particularly women and children), and help to rebuild communities post-crisis. This article will consequently review the international legal mandates that exist to strengthen CRVS systems globally, with particular view to public health and humanitarian emergencies. Identity and citizenship, and the socio-political contexts in which these concepts co-exist, are inevitably interconnected with CRVS. This can create potential for CRVS systems and data to be exploited as a political instrument. Grounding CRVS strengthening in a single binding, human rights law instrument is a potential way

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

    ERIC Educational Resources Information Center

    Beckmann, Johan; Prinsloo, Justus

    2015-01-01

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

  16. The School Age Criminal.

    ERIC Educational Resources Information Center

    Morgenstern, Robert

    School age crime has increased a great deal in recent decades and a review of types of school age criminals may help school officials develop policies and programs to handle the problem. Both increased crime and improved news coverage have made the general public more concerned about school crime and school age criminals. A comparison of crime…

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

    PubMed

    Ramskold, Louise Anna Helena; Posner, Marcus Paul

    2013-06-01

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

  18. 77 FR 71028 - Notice of Meeting of Advisory Committee on International Law

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-11-28

    ... agenda of the meeting will cover a range of current international legal topics, including corporate social responsibility, principles of self-defense, maritime security, international promotion of...

  19. 21 CFR 20.64 - Records or information compiled for law enforcement purposes.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... law enforcement purposes. (a) Records or information compiled for law enforcement purposes may be... any other criminal law enforcement authority in the course of a criminal investigation or by an agency... procedures for law enforcement investigations or prosecutions or would disclose guidelines for law...

  20. 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...

  1. 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,...

  2. 45 CFR 2540.206 - What documentation must I maintain regarding a National Service Criminal History Check for a...

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

  3. 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...

  4. 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,...

  5. 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...

  6. 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...

  7. 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...

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

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

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

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  10. 45 CFR 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...

  11. 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...

  12. 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...

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

    PubMed

    Kaar, Jason F

    2007-12-01

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

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

    PubMed

    Bartholomew, Nicole R; Morgan, Robert D

    2015-06-01

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

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

    PubMed

    Curvino, Melissa; Fischer, Meghan Grizzle

    2014-01-01

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

  16. 27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE FIREARMS AND AMMUNITION MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS Other Laws Applicable § 479.191 Applicability of...

  17. 27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE FIREARMS AND AMMUNITION MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS Other Laws Applicable § 479.191 Applicability of...

  18. 27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE FIREARMS AND AMMUNITION MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS Other Laws Applicable § 479.191 Applicability of...

  19. 27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE FIREARMS AND AMMUNITION MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS Other Laws Applicable § 479.191 Applicability of...

  20. 27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE FIREARMS AND AMMUNITION MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS Other Laws Applicable § 479.191 Applicability of...