25 CFR 11.409 - Reckless burning or exploding.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Reckless burning or exploding. 11.409 Section 11.409 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.409 Reckless burning or exploding. A person commits a...

25 CFR 11.409 - Reckless burning or exploding.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Reckless burning or exploding. 11.409 Section 11.409 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.409 Reckless burning or exploding. A person commits a...

25 CFR 11.427 - Threats and other improper influence in official and political matters.

Code of Federal Regulations, 2010 CFR

2010-04-01

... political matters. 11.427 Section 11.427 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.427 Threats and other improper influence in official and political matters. (a) A person commits a misdemeanor if he or...

25 CFR 11.454 - Domestic violence.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Domestic violence. 11.454 Section 11.454 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.454 Domestic violence. (a) A person who commits domestic violence by inflicting physical harm, bodily injury, or sexua...

25 CFR 11.442 - Riot; failure to disperse.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Riot; failure to disperse. 11.442 Section 11.442 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.442 Riot; failure to disperse. (a) A person is guilty of riot, a...

25 CFR 11.442 - Riot; failure to disperse.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Riot; failure to disperse. 11.442 Section 11.442 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.442 Riot; failure to disperse. (a) A person is guilty of riot, a...

25 CFR 11.442 - Riot; failure to disperse.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Riot; failure to disperse. 11.442 Section 11.442 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.442 Riot; failure to disperse. (a) A person is guilty of riot, a...

25 CFR 11.442 - Riot; failure to disperse.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Riot; failure to disperse. 11.442 Section 11.442 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.442 Riot; failure to disperse. (a) A person is guilty of riot, a...

25 CFR 11.442 - Riot; failure to disperse.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Riot; failure to disperse. 11.442 Section 11.442 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.442 Riot; failure to disperse. (a) A person is guilty of riot, a...

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?.

JPRS Report: East Asia, Southeast Asia, LPDR Criminal Code, Courts, and Criminal Procedure.

DTIC Science & Technology

1991-03-05

1941 - 1991 JPRS Repor East Asia Southeast Asia LPDR Criminal Code, Courts, and Criminal Procedure mom m £C QUALITY »ra^r...prostitution, will be impris- oned for three to five years. Article 124. Incest . Anyone who has sexual intercourse with parents, step- parents...This consists of facts which indicate whether there have been actions dangerous to society, the guilt of the per- sons who undertook the

25 CFR 11.453 - Prostitution or solicitation.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Prostitution or solicitation. 11.453 Section 11.453... LAW AND ORDER CODE Criminal Offenses § 11.453 Prostitution or solicitation. A person who commits prostitution or solicitation or who knowingly keeps, maintains, rents, or leases, any house, room, tent, or...

The Section 43 Debate: The Teacher's Perspective.

ERIC Educational Resources Information Center

O'Brien, Allan R.; Pietersma, Eric

2000-01-01

The constitutionality of section 43 of the Canadian criminal code, which provides a defense to the use of reasonable and corrective force on children, has been challenged. The Canadian Teachers' Federation argues that the case is not about spanking, but about enabling teachers to maintain order and create a positive, effective learning…

25 CFR 11.445 - Driving violations.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Driving violations. 11.445 Section 11.445 Indians BUREAU... ORDER CODE Criminal Offenses § 11.445 Driving violations. (a) A person who shall operate any vehicle in a manner dangerous to the public safety is guilty of reckless driving, a petty misdemeanor, unless...

25 CFR 11.445 - Driving violations.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Driving violations. 11.445 Section 11.445 Indians BUREAU... ORDER CODE Criminal Offenses § 11.445 Driving violations. (a) A person who shall operate any vehicle in a manner dangerous to the public safety is guilty of reckless driving, a petty misdemeanor, unless...

25 CFR 11.445 - Driving violations.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Driving violations. 11.445 Section 11.445 Indians BUREAU... ORDER CODE Criminal Offenses § 11.445 Driving violations. (a) A person who shall operate any vehicle in a manner dangerous to the public safety is guilty of reckless driving, a petty misdemeanor, unless...

25 CFR 11.445 - Driving violations.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Driving violations. 11.445 Section 11.445 Indians BUREAU... ORDER CODE Criminal Offenses § 11.445 Driving violations. (a) A person who shall operate any vehicle in a manner dangerous to the public safety is guilty of reckless driving, a petty misdemeanor, unless...

25 CFR 11.405 - Interference with custody.

Code of Federal Regulations, 2010 CFR

2010-04-01

... judicial warrant, any orphan, neglected or delinquent child, mentally defective or insane person, or other... ORDER CODE Criminal Offenses § 11.405 Interference with custody. (a) Custody of children. A person commits a misdemeanor if he or she knowingly or recklessly takes or entices any child under the age of 18...

25 CFR 11.454 - Domestic violence.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Domestic violence. 11.454 Section 11.454 Indians BUREAU... ORDER CODE Criminal Offenses § 11.454 Domestic violence. (a) A person who commits domestic violence by inflicting physical harm, bodily injury, or sexual assault, or inflicting the fear of imminent physical harm...

25 CFR 11.454 - Domestic violence.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Domestic violence. 11.454 Section 11.454 Indians BUREAU... ORDER CODE Criminal Offenses § 11.454 Domestic violence. (a) A person who commits domestic violence by inflicting physical harm, bodily injury, or sexual assault, or inflicting the fear of imminent physical harm...

25 CFR 11.454 - Domestic violence.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Domestic violence. 11.454 Section 11.454 Indians BUREAU... ORDER CODE Criminal Offenses § 11.454 Domestic violence. (a) A person who commits domestic violence by inflicting physical harm, bodily injury, or sexual assault, or inflicting the fear of imminent physical harm...

77 FR 65490 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Fredericksburg 8-Hour...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-29

..., authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent... administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12... Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal...

77 FR 75380 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Permits for Major...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-20

..., authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent... administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12... Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal...

76 FR 58116 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-20

..., authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent... administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12... Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal...

77 FR 45304 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; The 2002 Base Year...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-07-31

..., authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent... administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12... Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal...

78 FR 19421 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Transportation...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-01

..., authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent... administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12... Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal...

76 FR 13511 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the Open...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-14

..., authorization or approval.'' Virginia's Immunity law, Va. Code Section 10.1-1199, provides that ``[t]o the... administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12... Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal...

76 FR 64823 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Transportation...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-19

..., authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent... administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12... Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal...

77 FR 44149 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-07-27

..., authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent... administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12... Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal...

25 CFR 11.444 - Carrying concealed weapons.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Carrying concealed weapons. 11.444 Section 11.444 Indians... ORDER CODE Criminal Offenses § 11.444 Carrying concealed weapons. A person who goes about in public places armed with a dangerous weapon concealed upon his or her person is guilty of a misdemeanor unless...

25 CFR 11.444 - Carrying concealed weapons.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Carrying concealed weapons. 11.444 Section 11.444 Indians... ORDER CODE Criminal Offenses § 11.444 Carrying concealed weapons. A person who goes about in public places armed with a dangerous weapon concealed upon his or her person is guilty of a misdemeanor unless...

25 CFR 11.444 - Carrying concealed weapons.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Carrying concealed weapons. 11.444 Section 11.444 Indians... ORDER CODE Criminal Offenses § 11.444 Carrying concealed weapons. A person who goes about in public places armed with a dangerous weapon concealed upon his or her person is guilty of a misdemeanor unless...

25 CFR 11.444 - Carrying concealed weapons.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Carrying concealed weapons. 11.444 Section 11.444 Indians... ORDER CODE Criminal Offenses § 11.444 Carrying concealed weapons. A person who goes about in public places armed with a dangerous weapon concealed upon his or her person is guilty of a misdemeanor unless...

25 CFR 11.444 - Carrying concealed weapons.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Carrying concealed weapons. 11.444 Section 11.444 Indians... ORDER CODE Criminal Offenses § 11.444 Carrying concealed weapons. A person who goes about in public places armed with a dangerous weapon concealed upon his or her person is guilty of a misdemeanor unless...

32 CFR 935.53 - Contempt.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Contempt. 935.53 Section 935.53 National Defense... CODE Penalties § 935.53 Contempt. A Judge may, in any civil or criminal case or proceeding, punish any person for disobedience of any order of the Court, or for any contempt committed in the presence of the...

25 CFR 11.424 - Neglect of children.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Neglect of children. 11.424 Section 11.424 Indians BUREAU... ORDER CODE Criminal Offenses § 11.424 Neglect of children. (a) A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he or she knowingly endangers the child's...

25 CFR 11.424 - Neglect of children.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Neglect of children. 11.424 Section 11.424 Indians BUREAU... ORDER CODE Criminal Offenses § 11.424 Neglect of children. (a) A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he or she knowingly endangers the child's...

25 CFR 11.424 - Neglect of children.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Neglect of children. 11.424 Section 11.424 Indians BUREAU... ORDER CODE Criminal Offenses § 11.424 Neglect of children. (a) A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he or she knowingly endangers the child's...

25 CFR 11.424 - Neglect of children.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Neglect of children. 11.424 Section 11.424 Indians BUREAU... ORDER CODE Criminal Offenses § 11.424 Neglect of children. (a) A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he or she knowingly endangers the child's...

25 CFR 11.424 - Neglect of children.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Neglect of children. 11.424 Section 11.424 Indians BUREAU... ORDER CODE Criminal Offenses § 11.424 Neglect of children. (a) A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he or she knowingly endangers the child's...

25 CFR 11.419 - Unauthorized use of automobiles and other vehicles.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Unauthorized use of automobiles and other vehicles. 11... OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.419 Unauthorized use of automobiles and other vehicles. A person commits a misdemeanor if he or she operates another person's automobile...

25 CFR 11.419 - Unauthorized use of automobiles and other vehicles.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Unauthorized use of automobiles and other vehicles. 11... OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.419 Unauthorized use of automobiles and other vehicles. A person commits a misdemeanor if he or she operates another person's automobile...

25 CFR 11.419 - Unauthorized use of automobiles and other vehicles.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Unauthorized use of automobiles and other vehicles. 11... OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.419 Unauthorized use of automobiles and other vehicles. A person commits a misdemeanor if he or she operates another person's automobile...

25 CFR 11.419 - Unauthorized use of automobiles and other vehicles.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Unauthorized use of automobiles and other vehicles. 11... OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.419 Unauthorized use of automobiles and other vehicles. A person commits a misdemeanor if he or she operates another person's automobile...

25 CFR 11.419 - Unauthorized use of automobiles and other vehicles.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Unauthorized use of automobiles and other vehicles. 11.419... OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.419 Unauthorized use of automobiles and other vehicles. A person commits a misdemeanor if he or she operates another person's automobile, airplane...

25 CFR 11.438 - Flight to avoid prosecution or judicial process.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Flight to avoid prosecution or judicial process. 11.438... OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.438 Flight to avoid prosecution or judicial process... Offenses exercises jurisdiction for the purpose of avoiding arrest, prosecution or other judicial process...

25 CFR 11.422 - Unauthorized use of credit cards.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Unauthorized use of credit cards. 11.422 Section 11.422... LAW AND ORDER CODE Criminal Offenses § 11.422 Unauthorized use of credit cards. (a) A person commits a misdemeanor if he or she uses a credit card for the purpose of obtaining property or services with knowledge...

25 CFR 11.446 - Cruelty to animals.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Cruelty to animals. 11.446 Section 11.446 Indians BUREAU... ORDER CODE Criminal Offenses § 11.446 Cruelty to animals. A person commits a misdemeanor if he or she purposely or recklessly: (a) Subjects any animal in his or her custody to cruel neglect; or (b) Subjects any...

25 CFR 11.446 - Cruelty to animals.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Cruelty to animals. 11.446 Section 11.446 Indians BUREAU... ORDER CODE Criminal Offenses § 11.446 Cruelty to animals. A person commits a misdemeanor if he or she purposely or recklessly: (a) Subjects any animal in his or her custody to cruel neglect; or (b) Subjects any...

25 CFR 11.446 - Cruelty to animals.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Cruelty to animals. 11.446 Section 11.446 Indians BUREAU... ORDER CODE Criminal Offenses § 11.446 Cruelty to animals. A person commits a misdemeanor if he or she purposely or recklessly: (a) Subjects any animal in his or her custody to cruel neglect; or (b) Subjects any...

25 CFR 11.446 - Cruelty to animals.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Cruelty to animals. 11.446 Section 11.446 Indians BUREAU... ORDER CODE Criminal Offenses § 11.446 Cruelty to animals. A person commits a misdemeanor if he or she purposely or recklessly: (a) Subjects any animal in his or her custody to cruel neglect; or (b) Subjects any...

25 CFR 11.446 - Cruelty to animals.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Cruelty to animals. 11.446 Section 11.446 Indians BUREAU... ORDER CODE Criminal Offenses § 11.446 Cruelty to animals. A person commits a misdemeanor if he or she purposely or recklessly: (a) Subjects any animal in his or her custody to cruel neglect; or (b) Subjects any...

25 CFR 11.422 - Unauthorized use of credit cards.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Unauthorized use of credit cards. 11.422 Section 11.422... LAW AND ORDER CODE Criminal Offenses § 11.422 Unauthorized use of credit cards. (a) A person commits a misdemeanor if he or she uses a credit card for the purpose of obtaining property or services with knowledge...

25 CFR 11.422 - Unauthorized use of credit cards.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Unauthorized use of credit cards. 11.422 Section 11.422... LAW AND ORDER CODE Criminal Offenses § 11.422 Unauthorized use of credit cards. (a) A person commits a misdemeanor if he or she uses a credit card for the purpose of obtaining property or services with knowledge...

25 CFR 11.422 - Unauthorized use of credit cards.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Unauthorized use of credit cards. 11.422 Section 11.422... LAW AND ORDER CODE Criminal Offenses § 11.422 Unauthorized use of credit cards. (a) A person commits a misdemeanor if he or she uses a credit card for the purpose of obtaining property or services with knowledge...

25 CFR 11.422 - Unauthorized use of credit cards.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Unauthorized use of credit cards. 11.422 Section 11.422... LAW AND ORDER CODE Criminal Offenses § 11.422 Unauthorized use of credit cards. (a) A person commits a misdemeanor if he or she uses a credit card for the purpose of obtaining property or services with knowledge...

Keeping a common bawdy house becomes a "serious offence" under Criminal Code.

PubMed

2010-10-01

New federal regulations targeting organized crime will make keeping a common bawdy house a "serious offence" under the Criminal Code. Sex work advocates reacted by calling the measure a serious step back that will undermine the protection of sex workers' human rights, safety, dignity and health.

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

Predicting Presence of Offender's Criminal Record From Antisocial Lifestyle Indicators of Homicide Victims

ERIC Educational Resources Information Center

Santtila, Pekka; Runtti, Markus; Mokros, Andreas

2004-01-01

The aim of the present study is to explore the possibility of predicting the presence of a criminal record in the background of a homicide offender on the basis of victim characteristics. Eight victim characteristics, as well as the presence or absence of offender criminal record and offender violent criminal record, were coded for 502 Finnish…

Your Criminal Fico Score

DTIC Science & Technology

2016-09-01

about people, especially information collected from documents like case notes (not all law enforcement officers have easy-to-read handwriting ). As...the precision of say , the supercomputer in Willy Wonka and the Chocolate Factory, which could tell the exact location of the golden tickets.93 Rather...various documents, including any bad handwriting , in order to convert the data into the standardized numerical codes needed for the analytic process to

26 CFR 1.6050I-2 - Returns relating to cash in excess of $10,000 received as bail by court clerks.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 18 of the United States Code); (3) Money laundering (as defined in section 1956 or 1957 of title 18... are customarily used and accepted as money in the country in which issued; and (2) A cashier's check..., or money order having a face amount of not more than $10,000. Specified criminal offense means— (1) A...

A premodern legacy: the "easy" criminalization of homosexual acts between women in the Finnish Penal Code of 1889.

PubMed

Löfström, J

1998-01-01

Homosexual acts between women were criminalized in Finland in the 1889 Penal Code which also criminalized men's homosexual acts for the first time explicitly in Finnish legislation. The inclusion of women in the Penal Code took place without much ado. In the article it is argued that the uncomplicated juxtaposing of men and women was due to the legacy of a cultural pattern where man and woman, as categories, were not in an all-pervasive polarity to each other, for example, in sexual subjectivity. A cultural pattern of low gender polarization was typical of preindustrial rural culture, and it can help us apprehend also certain other features in contemporary Finnish social and political life, for example, women obtaining a general franchise and eligibility for the parliament first in the world, in 1906. A modern image of "public man" and "private woman" was only making its way in Finnish society; hence, there was not much anxiety at women's entry in politics, or, for that matter, at their potential for (homo)sexual subjectivity becoming recognized publicly in criminal law.

77 FR 12078 - Meeting of the Judicial Conference Advisory Committee on Rules of Criminal Procedure

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-28

... of Criminal Procedure. ACTION: Notice of open meeting. SUMMARY: The Advisory Committee on Rules of Criminal Procedure will hold a two-day meeting. The meeting will be open to public observation but not... Deputy and Counsel. [FR Doc. 2012-4654 Filed 2-27-12; 8:45 am] BILLING CODE 2210-55-P ...

[Criminal code and assisted human reproduction].

PubMed

Cortés Bechiarelli, Emilio

2009-01-01

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

Brief notes on the portuguese criminal regime of homicide upon request of the victim and physician assisted suicide.

PubMed

Moreira, Sara Leitão

2013-12-01

Society is changing at an unprecedented rate. Several areas of knowledge are evolving on a daily basis, namely medicine and connected sciences. Hence it is needed that the legislator walks at least right behind this evolution, in order not to be considered retrograde. One of the areas that need the constant attention of the legislator is medicine, as far as prolonging life is considered. We have witnessed several cases along the decades of people who are not living a long and healthy life, but rather just a long life, with little quality in it. Therefore, it is also known that issues such as euthanasia have been discussed at several levels. Criminal law, in most countries, namely in Portugal, does not admit any type of euthanasia. We will briefly analyse the two Articles in the Portuguese Penal Code concerning this matter, in order to come to the conclusion of its pertinence and adequacy to today's society.

The role of the medical laboratory technologist in drinking and driving cases. Part 1: The Criminal Code and blood collection for alcohol analysis.

PubMed

Westenbrink, W

1992-01-01

Police officers can now demand blood samples from suspected impaired drivers in Canada to determine their Blood Alcohol Concentration. The medical laboratory technologist has been given the authority to take blood samples for legal purposes, as well as the authorization to complete certificates used as evidence in court. The proper procedures for the taking of blood samples and the completion of certificates are described in detail. The Criminal Code offences dealing with drinking and driving, the means by which police officers can legally obtain blood samples, the Blood Alcohol Kit, and the provision of providing blood collection evidence in court are discussed to aid the technologists in understanding their role in this process. The Criminal Code definitions of a "qualified medical practitioner", a "qualified technician", and "approved containers" are also described.

78 FR 49334 - Designation of 5 individual(s) and 2 entity(-ies) Pursuant to Executive Order 13581, “Blocking...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-13

... entity(-ies) Pursuant to Executive Order 13581, ``Blocking Property of Transnational Criminal... July 24, 2011, ``Blocking Property of Transnational Criminal Organizations.'' DATES: The designations... President issued Executive Order 13581, ``Blocking Property of Transnational Criminal Organizations'' (the...

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

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

Shrader-Frechette, K.

1986-06-01

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

[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.

Addressing Cyberconduct: A Brief to the Department of Justice Canada

ERIC Educational Resources Information Center

Canadian Teachers' Federation (NJ1), 2008

2008-01-01

This paper focuses on issues related to the misuse and abuse of the technologies, or "cybermisconduct" directed toward students and teachers such as online harassment, cyberbullying and internet defamation. Since some forms of cyberbullying may be criminal acts under the Criminal Code, Canadian courts are voicing serious concerns about…

32 CFR 635.19 - Offense codes.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Offense codes. 635.19 Section 635.19 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.19 Offense codes. (a) The offense code describes, as nearly as possible, the...

28 CFR 2.80 - Guidelines for D.C. Code offenders.

Code of Federal Regulations, 2011 CFR

2011-07-01

... for criminal behavior of a violent or sexual nature, a decision above the guidelines may be warranted... committed +2 C. Current offense involved high level violence (other than the behaviors described above) +1...) Current offense means any criminal behavior that is either: (i) Reflected in the offense of conviction, or...

28 CFR 2.80 - Guidelines for D.C. Code offenders.

Code of Federal Regulations, 2010 CFR

2010-07-01

... for criminal behavior of a violent or sexual nature, a decision above the guidelines may be warranted... committed +2 C. Current offense involved high level violence (other than the behaviors described above) +1...) Current offense means any criminal behavior that is either: (i) Reflected in the offense of conviction, or...

32 CFR 636.11 - Installation traffic codes

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Installation traffic codes 636.11 Section 636.11 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS) Fort Stewart, Georgia § 636.11 Installation traffic codes In...

Legislative recognition in France of psychological harassment at work.

PubMed

Graser, M; Manaouil, C; Verrier, A; Doutrellot-Phillipon, C; Jardé, O

2003-01-01

The recent French Law on Social Modernisation of 17 January 2002 introduced into the French Labour Code and into the French Criminal Code, the concept of "moral" harassment. The definition of psychological harassment under this law adopts quite a broad conception of the notion of psychological harassment. The legislator has established a means for "friendly" settlement of disputes: mediation. When it has not been possible to settle the dispute internally, the Courts have a number of sanctions available to them. The French Labour Code provides that any termination of the contract of employment resulting from a situation of psychological harassment is automatically null and void. Such nullification should therefore be applicable whatever the nature of the termination: dismissal, resignation or negotiated departure and it punishes psychological harassment at work by imprisonment for one year and a fine of 3,750 Euros. The French Criminal Code prescribes penalties of one year and 15,000 Euros.

Linking Childhood and Adult Criminality: Using a Life Course Framework to Examine Childhood Abuse and Neglect, Substance Use and Adult Partner Violence

PubMed Central

Minh, Anita; Matheson, Flora I.; Daoud, Nihaya; Hamilton-Wright, Sarah; Pedersen, Cheryl; Borenstein, Heidi; O’Campo, Patricia

2013-01-01

Child abuse and neglect, considered criminal acts under the Criminal Code of Canada, play an important role in substance use, violence, and other criminal behaviour in adulthood. We adopted the life course perspective to identify modifiable contextual influences and co-occurring individual, social, and familial determinants associated with adult criminality. Using in-depth interview data, a sub-sample of 13 women who had recently experienced intimate partner violence, recounted their experiences of childhood abuse, their own substance use or criminality, as well as implications of these factors on their children’s life trajectories. For the purposes of this paper criminality was defined as child abuse and neglect, domestic violence, illegal substance use and underage alcohol use. Our objective was to explore, in our data: (1) patterns and trajectories of criminality from childhood to adulthood among women who were victims of violence, and (2) cumulative effects of early life exposures on experiences of criminality; with the aim of describing the life course perspective as a useful framework to understand criminality along the life trajectory. The analysis was not designed to demonstrate causal connections between early childhood and adulthood experiences of criminality. Rather we generated qualitative and quantitative hypotheses to guide future research in the field. Implications for research and interventions are discussed. PMID:24169410

The Threat of Convergence of Terror Groups with Transnational Criminal Organizations in Order to Utilize Existing Smuggling Routes and Techniques to Aid in the Covert Entry of Operatives into the United States

DTIC Science & Technology

2015-06-12

money laundering operations that support criminal and terrorist organizations. Transnational organizations transcend the borders and operate globally...Modlin Thesis Title: The Threat of Convergence of Terror Groups with Transnational Criminal Organizations in Order to Utilize Existing Smuggling

Criminal Liability for Illegal Actions Concerning Insider Information in the Republic of Kazakhstan

ERIC Educational Resources Information Center

Togaibaeva, Sholpan S.; Togaibaev, Amir I.; Khanov, Talgat A.; Sikhimbayev, Muratbay R.; Rustemova, Gaukhar R.

2016-01-01

The article considers the analysis of a crime under rule 230 of the Criminal code of the Republic of Kazakhstan (illegal actions in relation to insider information). The authors discuss the concept of insider information, the interpretation to the possibility of its misuse. A brief analysis of the object and the subject of insider information is…

78 FR 53159 - Meeting of the Judicial Conference Committee on Rules of Practice and Procedure

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-28

... Criminal Procedure. ACTION: Notice of open meeting. SUMMARY: The Advisory Committee on Rules of Criminal Procedure will hold a one-day meeting. The meeting will be open to public observation but not participation.... Rose, Secretary and Chief Rules Officer . [FR Doc. 2013-20980 Filed 8-27-13; 8:45 am] BILLING CODE 2210...

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.

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

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-23

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

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.

In Search of Deregulation: Connections among Deleted Underbrush Policies, State Criminal Law, and FCC Character Qualifications for Broadcast Licensees.

ERIC Educational Resources Information Center

McGregor, Michael A.

A study examined the extent to which the violation of any one of more than 20 deleted Federal Communications Commission "underbrush" rules or policies (minor rules and policy statements) might result in a threat to the violator's broadcast license. All of the deleted policies and regulations, the criminal codes of California, Florida,…

[Multiple homicides--forensic and criminologic aspects].

PubMed

Padosch, Stephan A; Schmidt, Peter H; Rothschild, Markus A; Madea, Burkhard

2004-01-01

The interpretation of medicolegal findings in homicide is an important tool of case profiling (so-called "operative case analysis"). In 17 cases of "multiple homicides" involving 22 offenders (21 males, 1 female; mean age 33 years) and 45 victims (21 males, 24 females; mean age 35 years; 41 fatalities, 4 survivors), the autopsy reports and the prosecution authorities' files were retrospectively analysed with regard to individual characteristics of perpetrators and victims, circumstances, and mode of commitment in order to comprehensively characterise relevant forensic and criminologic aspects. 31 victims were found to belong to the close social environment of the perpetrator, and 32 killings were committed in the victim's, perpetrator's or the joint flat. The main motives included greed (n = 7), personal conflicts (n = 5) and concealing of a crime (n = 9). The relevant injuries were attributable to gunshot wounds (n = 13), sharp force (n = 11), blunt force (n = 3), ligature strangulation (n = 3), smothering (n = 6), fire/carbon monoxide (n = 2) and combined impacts (n = 7). In 12 victims, defense injuries were found. The blood alcohol concentration exceeded 1.5 g/l in 5 victims. In 5 offenders, a psychiatric impairment of juridical responsibility was assessed (and 20 German criminal code, n = 1, psychosis; and 21 German criminal code, n = 4; acute alcohol intoxication). As far as data were available, 16 crimes were judged as murder, 12 as manslaughter and one as physical injury with fatal outcome.

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

PubMed

White, Ben; Willmott, Lindy; Allen, John

2010-05-01

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

[The harm to health of the under-age individuals as an objective criterion for the differentiation of criminal responsibilities for committing non-violent sexual offence against them].

PubMed

Bimbinov, A A

2016-01-01

The present publication is devoted to the search for the objective criterion for the differentiation of criminal responsibilities for committing non-violent sexual offence against the juveniles under the age of 16 years. It has been shown that the current version of articles 134 and 135 of the criminal code of the Russian Federation does not adequately reflect the true character and the social danger of such actions. The formal methods of the legal, logical, and concrete sociological analysis were employed to substantiate the necessity of differentiation of criminal liability for the non-violent sexual abuse depending on the degree of potential harm to the health of the under-age individuals.

33 CFR 45.1 - Enlistment of personnel.

Code of Federal Regulations, 2014 CFR

2014-07-01

... to the Uniform Code of Military Justice. (b) Any person desiring to enlist in the Coast Guard should... references, employers, school authorities and physical and mental examinations. Concealment of any fact... enlistment may subject the applicant to criminal penalties under the Uniform Code of Military Justice and/or...

33 CFR 45.1 - Enlistment of personnel.

Code of Federal Regulations, 2011 CFR

2011-07-01

... to the Uniform Code of Military Justice. (b) Any person desiring to enlist in the Coast Guard should... references, employers, school authorities and physical and mental examinations. Concealment of any fact... enlistment may subject the applicant to criminal penalties under the Uniform Code of Military Justice and/or...

33 CFR 45.1 - Enlistment of personnel.

Code of Federal Regulations, 2012 CFR

2012-07-01

... to the Uniform Code of Military Justice. (b) Any person desiring to enlist in the Coast Guard should... references, employers, school authorities and physical and mental examinations. Concealment of any fact... enlistment may subject the applicant to criminal penalties under the Uniform Code of Military Justice and/or...

33 CFR 45.1 - Enlistment of personnel.

Code of Federal Regulations, 2010 CFR

2010-07-01

... to the Uniform Code of Military Justice. (b) Any person desiring to enlist in the Coast Guard should... references, employers, school authorities and physical and mental examinations. Concealment of any fact... enlistment may subject the applicant to criminal penalties under the Uniform Code of Military Justice and/or...

33 CFR 45.1 - Enlistment of personnel.

Code of Federal Regulations, 2013 CFR

2013-07-01

... to the Uniform Code of Military Justice. (b) Any person desiring to enlist in the Coast Guard should... references, employers, school authorities and physical and mental examinations. Concealment of any fact... enlistment may subject the applicant to criminal penalties under the Uniform Code of Military Justice and/or...

Exposing Vital Forensic Artifacts of USB Devices in the Windows 10 Registry

DTIC Science & Technology

2015-06-01

12b. DISTRIBUTION CODE 13. ABSTRACT (maximum 200 words) Digital media devices are regularly seized pursuant to criminal investigations and...ABSTRACT Digital media devices are regularly seized pursuant to criminal investigations and Microsoft Windows is the most commonly encountered... digital footprints available on seized computers that assist in re-creating a crime scene and telling the story of the events that occurred. Part of this

Crime Control Act of 1990 [29 November 1990]. [Summary].

PubMed

1990-01-01

In the US, the Crime Control Act of 1990 was approved on November 29, 1990. This various titles of this Act include provisions relating to the following: 1) international money laundering; 2) child abuse; 3) child pornography; 4) kidnapping, abducting, or unlawfully restraining a child; 5) the protection of crime victims; 6) funding for local law enforcement agencies; 7) funding for federal law enforcement; 8) rural drug enforcement assistance; 9) mandatory detention for certain criminals; 10) juvenile justice; 11) penalties for use of certain firearms; 12) improvements in miscellaneous criminal law; 13) disability benefits for public safety officers; 14) money laundering; 15) drug-free school zones; 16) miscellaneous amendments to the federal judicial and criminal codes; 17) general provisions; 18) grants for correctional options; 19) control of anabolic steroids; 20) asset forfeiture; 21) student loan cancellation for law enforcement officers; 22) firearms provisions; 23) chemical diversion and trafficking; 24) drug paraphernalia; 25) banking law enforcement; 26) licit opium imports; 27) sentencing for methamphetamine offenses; 28) drug enforcement grants; 29) prisons; 30) shock incarceration (prison boot camps); 31) bankruptcy and restitution; 32) appropriations for law and drug enforcement agencies; 33) anti-drug programs; 34) support of law enforcement; 35) technical and minor substantive amendments to the federal criminal code; 36) federal debt collection; and 37) national child search assistance (for missing children).

Congress, NRC mull utility access to FBI criminal files

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

Ultroska, D.

1984-08-01

Experiences at Alabama Power Company and other nuclear utilities have promped a request for institutionalizing security checks of personnel in order to eliminated convicted criminals and drug users. The Nuclear Regulatory Commission (NRC), which could provide FBI criminal history information by submitting fingerprints, does not do so, and would require new legislation to take on that duty. Believing that current malevolent employees can be managed with existing procedures, NRC allows criminal background checks only on prospective employees in order to avoid a negative social impact on personnel. Legislation to transfer criminal histories to nuclear facilities is now pending, and NRCmore » is leaning toward a request for full disclosure, partly because of terrorist threats and partly to save manpower time and costs in reviewing case histories.« less

Balancing public health and practitioner accountability in cases of medical manslaughter: reconsidering the tests for criminal negligence-related offences in Australia after R v Patel.

PubMed

Tuckett, Nikita

2011-12-01

In 2010 Dr Jayant Patel was convicted of several offences on the basis of criminal negligence. Following the Queensland Court of Appeal's 2011 endorsement of the trial judge's decision, the case provides a timely opportunity to review prosecutions for medical negligence criminal offences throughout Australia and to critically examine the tests in assessing whether the balance has been correctly struck. The author argues that the thresholds required for prosecutions for criminal negligence for medical manslaughter are problematic and unduly onerous, and do not adequately strike the balance between the utilitarian value in health care and patient safety, on the one hand, and practitioner accountability and deterrence, on the other. This article considers reforms to remedy the imbalance, including a reformulation of the Criminal Code (Qld) and common law thresholds, proposals for the enactment of a separate offence of criminally negligent manslaughter and the utilisation of corporate prosecutions for manslaughter liability to broaden accountability in health care and promote patient safety on a systemic level.

[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.

Southeast Asia Report, No.1303, Vietnam, TAP CHI CONG SAN, No. 4, April 1983

DTIC Science & Technology

1983-06-24

socialist criminal law is the trend toward decriminalization . This trend is consistent with the laws of the development of socialist society. Under...the impact of education and transformation, the tendency toward decriminalization is constantly developing. The criminal law codes of the socialist...and denounce the dangerous "diseases" that the U.S. expeditionary forces brought back from Vietnam: the lack of discipline, drug addiction, racial

Judiciary views on criminal behaviour and intention of offenders with high-functioning autism

PubMed Central

Berryessa, Colleen M.

2015-01-01

Purpose The purpose of this paper is to explore how judges perceive High Functioning Autistic Spectrum Disorders (hfASDs) and the disorders’ effects on an offender’s ability to formulate criminal intent and control behaviour. Design/methodology/approach Semi-structured interviews on topics related to offenders with hfASDs were conducted with 21 California Superior Court Judges. A coding scheme was developed and an iterative qualitative coding process was used for analysis. Findings Analysis yielded three major themes on how an hfASD diagnosis affects an offender’s ability to regulate actions and criminal behaviour. Interviewed judges reported beliefs that hfASD offenders view the world in a different way and that much of their behaviour is not under their direct control. Judges reported these perceptions likely affect how they criminally process and make legal decisions regarding offenders with hfASDs. Research limitations/implications The sample size was small and therefore no statistical significance can be drawn from results; findings cannot be applied to perceptions or experiences of the entire California Superior Court Judge population. Originality/value Past academic research reports that individuals with hfASDs that offend often do so because of specific symptoms associated with the disorder. This presents a complex dilemma for the criminal justice system regarding how best to understand the disorder and process these offenders. This study and its findings aim to shed light on issues judges encounter in determining these offenders’ responsibility and sentencing, in what ways this information might be integrated into judicial decision making, and areas where future research is needed. PMID:25866642

Criminal Code (Amendment) (No. 2) Act, 1988, (No. 1 of 1988), 5 February 1988.

PubMed

1988-01-01

Among other things, this Act adds the following new section to the Saint Lucia Criminal Code: "112A. Any person who commits an act of indecency with or towards a child under the age of fourteen or who incites or encourages a child under that age to commit such an act with him or with another person is liable on conviction on indictment to imprisonment for two years or on summary conviction to imprisonment for six months or to a fine not exceeding one thousand dollars." The Act also changes the criminal penalty for keeping a brothel. Henceforth a person who is guilty of the crime is subject to a fine not exceeding $5,000 or to imprisonment for twelve months. In addition, that person may be required "to enter into a recognisance with or without securities to be of good behaviour for any period not exceeding one year; and in default of compliance with such recognisance is liable to imprisonment for a further period not exceeding six months." full text

Effects of handcuffs on neuropsychological testing: Implications for criminal forensic evaluations.

PubMed

Biddle, Christine M; Fazio, Rachel L; Dyshniku, Fiona; Denney, Robert L

2018-01-01

Neuropsychological evaluations are increasingly performed in forensic contexts, including in criminal settings where security sometimes cannot be compromised to facilitate evaluation according to standardized procedures. Interpretation of nonstandardized assessment results poses significant challenges for the neuropsychologist. Research is limited in regard to the validation of neuropsychological test accommodation and modification practices that deviate from standard test administration; there is no published research regarding the effects of hand restraints upon neuropsychological evaluation results. This study provides preliminary results regarding the impact of restraints on motor functioning and common neuropsychological tests with a motor component. When restrained, performance on nearly all tests utilized was significantly impacted, including Trail Making Test A/B, a coding test, and several tests of motor functioning. Significant performance decline was observed in both raw scores and normative scores. Regression models are also provided in order to help forensic neuropsychologists adjust for the effect of hand restraints on raw scores of these tests, as the hand restraints also resulted in significant differences in normative scores; in the most striking case there was nearly a full standard deviation of discrepancy.

10 CFR 1017.30 - Criminal penalty.

Code of Federal Regulations, 2013 CFR

2013-01-01

... INFORMATION Violations § 1017.30 Criminal penalty. Any person who violates section 148 of the Atomic Energy Act or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including these regulations, may be subject to a criminal penalty under section 223 of the Atomic Energy Act...

10 CFR 1017.30 - Criminal penalty.

Code of Federal Regulations, 2012 CFR

2012-01-01

... INFORMATION Violations § 1017.30 Criminal penalty. Any person who violates section 148 of the Atomic Energy Act or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including these regulations, may be subject to a criminal penalty under section 223 of the Atomic Energy Act...

10 CFR 1017.30 - Criminal penalty.

Code of Federal Regulations, 2014 CFR

2014-01-01

... INFORMATION Violations § 1017.30 Criminal penalty. Any person who violates section 148 of the Atomic Energy Act or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including these regulations, may be subject to a criminal penalty under section 223 of the Atomic Energy Act...

77 FR 65210 - In the Matter of Licensee Identified in Attachment 1 and all Other Persons Who Seek or Obtain...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-25

...; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards... and a Federal Bureau of Investigation (FBI) identification and criminal history records check are... relieved from fingerprinting and criminal history records checks [[Page 65211

Legal Network report calls for decriminalization of prostitution in Canada.

PubMed

Betteridge, Glenn

2005-12-01

In December 2005 the Canadian HIV/AIDS Legal Network released Sex, work, rights: reforming Canadian criminal laws on prostitution. The report examines the ways in which the prostitution-related provisions of the Criminal Code, and their enforcement, have criminalized many aspects of sex workers' lives and have promoted their social marginalization. Evidence indicates that the criminal law has contributed to health and safety risks, including the risk of HIV infection, faced by sex workers. The Legal Network calls for the decriminalization of prostitution in Canada, and for other legal and policy reforms that respect the human rights and promote the health of sex workers. Despite the report's Canadian focus, its human rights analysis is relevant to the situation of sex workers in other countries where prostitution is illegal and sex workers face rights abuses. In this article, Glenn Betteridge, the principal author of the report, briefly sets out the case for law reform.

Criminal Protection Orders for Women Victims of Domestic Violence: Explicating Predictors of Level of Restrictions Among Orders Issued.

PubMed

Sullivan, Tami P; Weiss, Nicole H; Price, Carolina; Pugh, Nicole E

2017-10-01

Criminal protection orders (POs), with varying degrees of restrictions, are issued by the criminal justice system to enhance the safety of victims of domestic violence (DV). Limited research exists to elucidate factors associated with their issuance. Therefore, the purpose of this study was to investigate how demographic, relationship, parenting, and court-process-related factors are related to the level of restriction the PO places on the offender. Two-hundred ninety-eight women who were victims in a criminal DV case ( M age 36.4, 50.0% African American) participated in a structured interview approximately 12 to 15 months following the offenders' arraignment. Results revealed that psychological DV severity and fear of the offender in the 30 days prior to arraignment significantly predicted PO level of restriction issued. In addition, level of restriction requested by the victim significantly predicted level of restriction issued by the judge (though closer examination of the data revealed that many orders were issued at a different level of restriction than the victim requested). Other demographic, relationship, parenting, and court-process-related factors did not predict PO level of restriction issued. Findings are discussed with respect to practice and policy in the criminal justice system.

Interactive and Authentic e-Learning Tools for Criminal Justice Education

ERIC Educational Resources Information Center

Miner-Romanoff, Karen; McCombs, Jonathan; Chongwony, Lewis

2017-01-01

This mixed-method study tested the effectiveness of two experiential e-learning tools for criminal justice courses. The first tool was a comprehensive video series, including a criminal trial and interviews with the judge, defense counsel, prosecution, investigators and court director (virtual trial), in order to enhance course and learning…

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

PubMed

Dahl, Hilde

2017-06-01

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

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

Code of Federal Regulations, 2014 CFR

2014-01-01

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

Teaching Legislative Drafting: A Simulation Approach.

ERIC Educational Resources Information Center

Stern, Barry Jeffrey

1988-01-01

An approach to teaching legislative drafting uses limited traditional classroom instruction and intensive exposure to the process of legislative drafting through a classroom simulation in which students revise the Massachusetts criminal code. (MSE)

Criminal Code, Federal District, 16 February 1971.

PubMed

1988-01-01

Article 320 of the Criminal Code of the Federal District of Mexico defines "abortion" as the death of the conceptus at any time during pregnancy. Articles 320-32 specify penalties for inducing abortion, and Articles 333-34 exempt punishment if the abortion resulted from failure of the woman to take proper care, if the pregnancy was the result of rape, or if the pregnancy endangered the life of the woman. The abortion provisions of the criminal codes of the Mexican states of Baja California, Chiapas, Mexico, Sinoala, Sonora, Tabasco, and Tamaulipas are nearly identical to those of the Federal District Code. Certain states also give immunity from prosecution for abortion 1) if the pregnancy resulted from artificial insemination neither requested or assented to by the woman, provided that the abortion is carried out within the first 90 days of pregnancy; 2) if there is good reason to believe that the unborn child suffers from severe physical or mental disabilities of genetic or congenital origin; 3) if the health of the woman would be seriously jeopardized by the pregnancy, and 4) if the abortion is carried out for serious and substantiated economic reasons in cases where the woman has at least three children. Guanajuato and Queretaro allow abortions only when the pregnancy is the result of rape. Guerrero authorizes abortions only when the pregnancy is the result of rape, when the pregnancy results from an unlawful artificial insemination, or for eugenic reasons. Hidalgo, Nuevo Leon, and San Luis Potosi allows abortions only when the pregnancy is the result of rape or when the continuation of the pregnancy would seriously jeopardize the woman's health. In Chihuahua, Coahuila, Durango, Oaxaca, and Veracruz, abortions allowed because the pregnancy resulted from rape must be performed in the first 90 days of pregnancy.

[The new Colombian criminal code and biotechnology].

PubMed

González de Cancino, Emilssen

2002-01-01

The author describes the process by which new offenses concerning biotechnology have been included in Colombia's Penal Code and discusses some of the more controversial aspects involved. She examines the various stages of the passage of the Bill through Parliament and the modifications undergone. She also provides well-argued criticism of the text, with appropriate reference to Constitutional provisions regarding the rights concerned.

Criminal Code Modernization and Simplification Act of 2013

THOMAS, 113th Congress

Rep. Sensenbrenner, F. James, Jr. [R-WI-5

2013-05-07

House - 06/20/2013 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Canada's new drug-impaired driving law: the need to consider other approaches.

PubMed

Solomon, Robert; Chamberlain, Erika

2014-01-01

The objects of this study were: To review the state of drug-impaired driving in Canada, particularly in light of the 2008 amendments to the Criminal Code, which authorized police to demand standardized field sobriety testing and drug recognition evaluations, and to consider whether alternative enforcement models would be more effective in terms of detecting and prosecuting drug-impaired drivers and thereby achieve greater deterrence. This article provides a review of survey data, roadside screening studies, and postmortem reports that indicate the prevalence of driving after drug use in Canada. It evaluates the Criminal Code's 2008 amendments and their impact on charges and convictions for drug-impaired driving. It then reviews some alternative enforcement models for drug-impaired driving that have been adopted in other jurisdictions, particularly toxicological testing, and evaluates them against Canada's social, political, and constitutional framework. Survey data, roadside screening studies, and postmortem reports indicate that driving after drug use is commonplace and is now more prevalent among young people than driving after drinking. Unfortunately, the 2008 Criminal Code amendments have not had their desired effects. The measures have proven to be costly, time-consuming, and cumbersome, and are readily susceptible to challenge in the courts. Accordingly, the charge rates for drug-impaired driving remain extremely low, and the law has had minimal deterrent effects. The review of alternative enforcement models suggests that a system of random roadside saliva screening, somewhat similar to the model used in Victoria, Australia, will be the most effective in terms of detecting and prosecuting drug-impaired drivers and most consistent with Canada's legal and constitutional system. Canada should establish per se limits for the most commonly used drugs, enforceable through a system of screening and evidentiary tests. This will be more efficient and cost-effective and will result in more reliable evidence for criminal trials. Although this system will inevitably be subject to constitutional challenge, existing case law suggests that it should be upheld as a reasonable limit on constitutional rights.

How often and how consistently do symptoms directly precede criminal behavior among offenders with mental illness?

PubMed

Peterson, Jillian K; Skeem, Jennifer; Kennealy, Patrick; Bray, Beth; Zvonkovic, Andrea

2014-10-01

Although offenders with mental illness are overrepresented in the criminal justice system, psychiatric symptoms relate weakly to criminal behavior at the group level. In this study of 143 offenders with mental illness, we use data from intensive interviews and record reviews to examine how often and how consistently symptoms lead directly to criminal behavior. First, crimes rarely were directly motivated by symptoms, particularly when the definition of symptoms excluded externalizing features that are not unique to Axis I illness. Specifically, of the 429 crimes coded, 4% related directly to psychosis, 3% related directly to depression, and 10% related directly to bipolar disorder (including impulsivity). Second, within offenders, crimes varied in the degree to which they were directly motivated by symptoms. These findings suggest that programs will be most effective in reducing recidivism if they expand beyond psychiatric symptoms to address strong variable risk factors for crime like antisocial traits. PsycINFO Database Record (c) 2014 APA, all rights reserved.

Software architecture of the III/FBI segment of the FBI's integrated automated identification system

NASA Astrophysics Data System (ADS)

Booker, Brian T.

1997-02-01

This paper will describe the software architecture of the Interstate Identification Index (III/FBI) Segment of the FBI's Integrated Automated Fingerprint Identification System (IAFIS). IAFIS is currently under development, with deployment to begin in 1998. III/FBI will provide the repository of criminal history and photographs for criminal subjects, as well as identification data for military and civilian federal employees. Services provided by III/FBI include maintenance of the criminal and civil data, subject search of the criminal and civil data, and response generation services for IAFIS. III/FBI software will be comprised of both COTS and an estimated 250,000 lines of developed C code. This paper will describe the following: (1) the high-level requirements of the III/FBI software; (2) the decomposition of the III/FBI software into Computer Software Configuration Items (CSCIs); (3) the top-level design of the III/FBI CSCIs; and (4) the relationships among the developed CSCIs and the COTS products that will comprise the III/FBI software.

32 CFR 935.2 - Purpose.

Code of Federal Regulations, 2010 CFR

2010-07-01

... CODE General § 935.2 Purpose. The purpose of this part is to provide— (a) For the civil administration of Wake Island; (b) Civil laws for Wake Island not otherwise provided for; (c) Criminal laws for Wake...

32 CFR 935.2 - Purpose.

Code of Federal Regulations, 2013 CFR

2013-07-01

... CODE General § 935.2 Purpose. The purpose of this part is to provide— (a) For the civil administration of Wake Island; (b) Civil laws for Wake Island not otherwise provided for; (c) Criminal laws for Wake...

32 CFR 935.2 - Purpose.

Code of Federal Regulations, 2012 CFR

2012-07-01

... CODE General § 935.2 Purpose. The purpose of this part is to provide— (a) For the civil administration of Wake Island; (b) Civil laws for Wake Island not otherwise provided for; (c) Criminal laws for Wake...

32 CFR 935.2 - Purpose.

Code of Federal Regulations, 2011 CFR

2011-07-01

... CODE General § 935.2 Purpose. The purpose of this part is to provide— (a) For the civil administration of Wake Island; (b) Civil laws for Wake Island not otherwise provided for; (c) Criminal laws for Wake...

32 CFR 935.2 - Purpose.

Code of Federal Regulations, 2014 CFR

2014-07-01

... CODE General § 935.2 Purpose. The purpose of this part is to provide— (a) For the civil administration of Wake Island; (b) Civil laws for Wake Island not otherwise provided for; (c) Criminal laws for Wake...

'Other Spaces' for the Dangerous Dead of Provincial England, c.1752-1832.

PubMed

Hurren, Elizabeth T

2018-01-01

The Murder Act (1752) decreed that homicide perpetrators should be hanged and sent for post-execution punishment. This article explores the event management of criminal dissections by penal surgeons in situ . It reveals that the punishment parade of the condemned did not stop at the scaffold, contrary to the impression in many standard historical accounts. Instead, ordinary people accompanied criminal corpses to many different types of dissection venues. Penal surgeons hand-picked these performance spaces that were socially produced for legal and practical reasons. They had to be able to process large numbers of people who wanted to be part of the consumption of post-mortem 'harm' in English communities. Event management on location had to have emotional and visual appeal, moral coherence, be timed appropriately, and, if successful, would enhance the deterrence value of the capital code. Yet, managing the 'dangerous dead' involved a great deal of discretionary justice with unpredictable outcomes. It often happened in 'counter-sites' of punishment in the community and involved a great deal of immersive theatre. Some events worked well, others threatened the social order. In 'Other Spaces' the 'Dangerous Dead' was hence a fascinating feature of the Murder Act outside the Metropolis from 1752 to 1832.

Criminal career-related factors among female robbers in the state of São Paulo, Brazil, and a presumed 'revolving-door' situation.

PubMed

Mauá, Fernando Henrique Nadalini; Baltieri, Danilo Antonio

2012-06-01

Risk-taking behaviors, family criminality, poverty, and poor parenting have been frequently associated with an earlier onset of criminal activities and a longer criminal career among male convicts. This study aims to identify factors related to the onset and recurrence of criminal behavior among female robbers in the State of São Paulo - Brazil. It was a cross-sectional study carried out inside a feminine penitentiary in São Paulo. From June 2006 to June 2010, 175 inmates convicted only for robbery were recruited to be evaluated about family antecedents of criminal conviction, alcohol and drug misuse, impulsiveness, depressive symptoms, and psychosocial features. RESULTS Having family antecedents of criminal conviction consistently predicted an earlier onset of criminal activities and a longer criminal career among female robbers. Drug use in youth and the severity of drug misuse were significantly related to the initiation and recurrence of criminal behavior, respectively. Prisons must systematically screen detainees and provide treatments for those with health problems in general. Children of inmates should obtain help to modify the negative consequences of their parents' incarceration in order to mitigate the negative consequences of pursuing this 'static' factor.

Euthanasia and death with dignity in Japanese law.

PubMed

Kai, Katsunori

2010-12-01

In Japan, there are no acts and, specific provisions or official guidelines on euthanasia, but recently, as I will mention below, an official guideline on "death with dignity" has been made. Nevertheless in fact, this guideline provides only a few rules of process on terminal care. Therefore the problems of euthanasia and "death with dignity" are mainly left to the legal interpretation by literatures and judicial precedents of homicide (Article 199 of the Criminal Code; where there is no distinction between murder and manslaughter) and of homicide with consent (Article 202 of the Criminal Code). Furthermore, there are several cases on euthanasia or "death with dignity" as well as borderline cases in Japan. In this paper I will present the situation of the latest discussions on euthanasia and "death with dignity" in Japan from the viewpoint of medical law. Especially, "death with dignity" is seriously discussed in Japan, therefore I focus on it.

The burden of poofs: criminal pathology, clinical scrutiny, and homosexual etiology in queer cinema.

PubMed

Wahlert, Lance

2013-06-01

Given the resurgence of scientific studies on the etiology of homosexuality in the wake of the AIDS epidemic, this article considers the effects these studies had on contemporaneous queer filmmakers. By using the subject of criminality as a way to talk about homosexual causality, queer films of the 1990s illustrate that contemporary scientific studies on homosexuality were historically and politically situated in relation to cultural anxieties about other forms of deviance. This article focuses on films that dissect the hetero-normative tendency to amalgamate forms of deviance in order to distinguish between the diseased and the healthy. Such products of New Queer Cinema highlight this amalgamation of criminality and homosexuality in order to challenge demands by the LGBT community of the 1980s and 1990s for "more positive images" in film. This article argues that queer filmmakers have manipulated the image of the queer criminal to usurp the medical tendency to biologize and pathologize the notion of queer transgression. In such a way, queer films that enthusiastically dramatize the queer outlaw perpetuate myths about homosexuality in order to dissect and discredit them.

Information System Incidents: The Development of a Damage Assessment Model

DTIC Science & Technology

1999-12-01

Cyber criminals use creativity, knowledge, software, and hardware to attack and infiltrate information systems (IS) in order to copy, delete, or...the Internet led to an increase in cyber criminals and a variety or cyber crimes such as attacks, intrusions, introduction of viruses, and data theft...organizations on information systems is contributing to the increased number of cyber criminals . Additionally, the growing sophistication and availability of

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

PubMed

Czerner, Frank

2010-01-01

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

32 CFR 552.150 - Purpose.

Code of Federal Regulations, 2010 CFR

2010-07-01

... criminal prosecution under the Uniform Code of Military Justice, applicable Federal Law, other regulations... Jackson and prosecuted under appropriate Federal laws. The enumeration of prohibited activities in this part is not intended to preclude prosecution under other provisions of law or regulation. ...

15 CFR 744.14 - Restrictions on exports and reexports to designated Foreign Terrorist Organizations (FTOs).

Code of Federal Regulations, 2014 CFR

2014-01-01

... section 303 of the Antiterrorism and Effective Death Penalty Act 1996, as amended (Anti-Terrorism Act) (18... designated FTO and makes violations punishable by criminal penalties under title 18, United States Code...

15 CFR 744.14 - Restrictions on exports and reexports to designated Foreign Terrorist Organizations (FTOs).

Code of Federal Regulations, 2013 CFR

2013-01-01

... section 303 of the Antiterrorism and Effective Death Penalty Act 1996, as amended (Anti-Terrorism Act) (18... designated FTO and makes violations punishable by criminal penalties under title 18, United States Code...

15 CFR 744.14 - Restrictions on exports and reexports to designated Foreign Terrorist Organizations (FTOs).

Code of Federal Regulations, 2010 CFR

2010-01-01

... section 303 of the Antiterrorism and Effective Death Penalty Act 1996, as amended (Anti-Terrorism Act) (18... designated FTO and makes violations punishable by criminal penalties under title 18, United States Code...

15 CFR 744.14 - Restrictions on exports and reexports to designated Foreign Terrorist Organizations (FTOs).

Code of Federal Regulations, 2011 CFR

2011-01-01

... section 303 of the Antiterrorism and Effective Death Penalty Act 1996, as amended (Anti-Terrorism Act) (18... designated FTO and makes violations punishable by criminal penalties under title 18, United States Code...

15 CFR 744.14 - Restrictions on exports and reexports to designated Foreign Terrorist Organizations (FTOs).

Code of Federal Regulations, 2012 CFR

2012-01-01

... section 303 of the Antiterrorism and Effective Death Penalty Act 1996, as amended (Anti-Terrorism Act) (18... designated FTO and makes violations punishable by criminal penalties under title 18, United States Code...

Does Type of Child Risk Affect Whether Mothers Seek Assistance for Intimate Partner Violence From Civil or Criminal Court?

PubMed

Palmer, Jane E; Renner, Lynette M; Goodman, Lisa A; Dutton, Mary Ann

2016-03-01

We examined whether risks to children of intimate partner violence survivors affected the type of legal assistance accessed. We hypothesized that the level and type of perceived child risk would be associated with whether women sought a protection order in civil court or filed charges against a current or former intimate partner in criminal court. Using data from a sample of predominantly African American women (N=293), we found that some forms of child risk were positively associated with seeking a civil order of protection but negatively associated with pressing criminal charges. Implications for practice, policy, and future research are presented. © The Author(s) 2015.

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

Code of Federal Regulations, 2014 CFR

2014-04-01

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

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

Code of Federal Regulations, 2013 CFR

2013-04-01

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

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

Code of Federal Regulations, 2011 CFR

2011-04-01

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

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

Code of Federal Regulations, 2012 CFR

2012-04-01

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

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

Code of Federal Regulations, 2010 CFR

2010-04-01

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

Panel--lawyers' perspectives on strategic litigation.

PubMed

Eby, David; Olson, Derek; Shime, Jonathan; Sigurdson, Elin

2011-10-01

This article contains summaries of the four presentations made during this panel. David Eby provides a framework for questions every organization should consider before deciding to proceed with litigation. Derek Olson discusses the criminal law of aggravated sexual assault as related to the strategic litigation in R v. Mabior. Jonathan Shime stresses the need for players in the legal sector to educate themselves better on the science surrounding HIV. Finally, Elin Sigurdson outlines the legal arguments advanced in SWUAV, British Columbia's parallel litigation to Ontario's Bedford case, challenging the constitutional validity of provisions of the Criminal Code that endanger the lives of sex workers.

The effects of collateral consequences of criminal involvement on employment, use of Temporary Assistance for Needy Families, and health

PubMed Central

Kneipp, Shawn M.

2017-01-01

Criminal convictions are often associated with collateral consequences that limit access to the forms of employment and social services on which disadvantaged women most frequently rely – regardless of the severity of the offense. These consequences may play an important role in perpetuating health disparities by socioeconomic status and gender. We examined the extent to which research studies to date have assessed whether a criminal conviction might influence women’s health by limiting access to Temporary Assistance for Needy Families (TANF) and employment, as a secondary, or “collateral” criminal conviction-related consequence. We reviewed 434 peer-reviewed journal articles retrieved from three electronic article databases and 197 research reports from three research organizations. Two reviewers independently extracted data from each eligible article or report using a standardized coding scheme. Of the sixteen eligible studies included in the review, most were descriptive. None explored whether receiving TANF modified health outcomes, despite its potential to do so. Researchers to date have not fully examined the causal pathways that could link employment, receiving TANF, and health, especially for disadvantaged women. Future research is needed to address this gap and to understand better the potential consequences of the criminal justice system involvement on the health of this vulnerable population. PMID:25905904

The Effects of Collateral Consequences of Criminal Involvement on Employment, Use of Temporary Assistance for Needy Families, and Health.

PubMed

Sheely, Amanda; Kneipp, Shawn M

2015-01-01

Criminal convictions are often associated with collateral consequences that limit access to the forms of employment and social services on which disadvantaged women most frequently rely--regardless of the severity of the offense. These consequences may play an important role in perpetuating health disparities by socioeconomic status and gender. We examined the extent to which research studies to date have assessed whether a criminal conviction might influence women's health by limiting access to Temporary Assistance for Needy Families (TANF) and employment, as a secondary, or "collateral" criminal conviction-related consequence. We reviewed 434 peer-reviewed journal articles retrieved from three electronic article databases and 197 research reports from three research organizations. Two reviewers independently extracted data from each eligible article or report using a standardized coding scheme. Of the sixteen eligible studies included in the review, most were descriptive. None explored whether receiving TANF modified health outcomes, despite its potential to do so. Researchers to date have not fully examined the causal pathways that could link employment, receiving TANF, and health, especially for disadvantaged women. Future research is needed to address this gap and to understand better the potential consequences of the criminal justice system involvement on the health of this vulnerable population.

38 CFR 1.582 - Exemptions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... placed into a logical order which objectively proves or disproves criminal behavior on the part of the... investigative techniques and procedures and cause sources to refrain from giving such information because of... of specific information in the early stages of a criminal or other investigation. (B) Relevance and...

38 CFR 1.582 - Exemptions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... placed into a logical order which objectively proves or disproves criminal behavior on the part of the... investigative techniques and procedures and cause sources to refrain from giving such information because of... of specific information in the early stages of a criminal or other investigation. (B) Relevance and...

38 CFR 1.582 - Exemptions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... placed into a logical order which objectively proves or disproves criminal behavior on the part of the... investigative techniques and procedures and cause sources to refrain from giving such information because of... of specific information in the early stages of a criminal or other investigation. (B) Relevance and...

38 CFR 1.582 - Exemptions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... placed into a logical order which objectively proves or disproves criminal behavior on the part of the... investigative techniques and procedures and cause sources to refrain from giving such information because of... of specific information in the early stages of a criminal or other investigation. (B) Relevance and...

38 CFR 1.582 - Exemptions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... placed into a logical order which objectively proves or disproves criminal behavior on the part of the... investigative techniques and procedures and cause sources to refrain from giving such information because of... of specific information in the early stages of a criminal or other investigation. (B) Relevance and...

28 CFR 20.1 - Purpose.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS General Provisions § 20.1 Purpose. It is the purpose of these regulations to assure that criminal history record information wherever it..., integrity, and security of such information and to protect individual privacy. [Order No. 2258-99, 64 FR...

[Standards for treatment in forensic committment according to § 63 and § 64 of the German criminal code : Interdisciplinary task force of the DGPPN].

PubMed

Müller, J L; Saimeh, N; Briken, P; Eucker, S; Hoffmann, K; Koller, M; Wolf, T; Dudeck, M; Hartl, C; Jakovljevic, A-K; Klein, V; Knecht, G; Müller-Isberner, R; Muysers, J; Schiltz, K; Seifert, D; Simon, A; Steinböck, H; Stuckmann, W; Weissbeck, W; Wiesemann, C; Zeidler, R

2017-08-01

People who have been convicted of a crime due to a severe mental disorder and continue to be dangerous as a result of this disorder may be placed in a forensic psychiatric facility for improvement and safeguarding according to § 63 and § 64 of the German Criminal Code (StGB). In Germany, approximately 9000 patients are treated in clinics for forensic psychiatry and psychotherapy on the basis of § 63 of the StGB and in withdrawal centers on the basis of § 64 StGB. The laws for treatment of patients in forensic commitment are passed by the individual States, with the result that even the basic conditions differ in the individual States. While minimum requirements have already been published for the preparation of expert opinions on liability and legal prognosis, consensus standards for the treatment in forensic psychiatry have not yet been published. Against this background, in 2014 the German Society for Psychiatry and Psychotherapy, Psychosomatics and Neurology (DGPPN) commissioned an interdisciplinary task force to develop professional standards for treatment in forensic psychiatry. Legal, ethical, structural, therapeutic and prognostic standards for forensic psychiatric treatment should be described according to the current state of science. After 3 years of work the results of the interdisciplinary working group were presented in early 2017 and approved by the board of the DGPPN. The standards for the treatment in the forensic psychiatric commitment aim to initiate a discussion in order to standardize the treatment conditions and to establish evidence-based recommendations.

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.

(De-) criminalization of attempted suicide in India: A review

PubMed Central

Ranjan, Rajeev; Kumar, Saurabh; Pattanayak, Raman Deep; Dhawan, Anju; Sagar, Rajesh

2014-01-01

Attempted suicide is a serious problem requiring mental health interventions, but it continues to be treated as a criminal offence under the section 309 of Indian Penal Code. The article reviews the international legal perspective across various regions of the world, discusses the unintended consequences of section 309 IPC and highlights the need for decriminalization of attempted suicide in India. The Mental Health Care Bill, 2013, still under consideration in the Rajya Sabha (upper house), has proposed that attempted suicide should not be criminally prosecuted. Decriminalization of suicidal attempt will serve to cut down the undue stigma and avoid punishment in the aftermath of incident, and lead to a more accurate collection of suicide-related statistics. From a policy perspective, it will further emphasize the urgent need to develop a framework to deliver mental health services to all those who attempt suicide. PMID:25535437

[New legal regulations for palliative care with implications for politics and practice].

PubMed

Melching, Heiner

2017-01-01

In December 2015 two different laws were adopted. Both are of importance for palliative care. One of the laws criminalizes commercial, "business-like" assisted suicide (§ 217 German Criminal Code), the other one aims to improve hospice and palliative care in Germany. Through the latter far-reaching changes in Social Code Books V and XI, as well as of the Hospital Finance Act have been made. This new Act to Improve Hospice and Palliative Care (HPG) focuses, amongst others, on: (a) Better funding of hospice services, by raising the minimum grant for patients in inpatient hospices paid per day by the health insurance funds by about 28.5%, and for outpatient hospice services by about 18%; (b) further development of general outpatient nursing and medical palliative care, and the networking of different service providers; (c) introduction of an arbitration procedure for service provider agreements to be concluded between the health insurance funds and the teams providing specialized home palliative care (SAPV); (d) the right to individual advice and support by the health insurance funds; (e) care homes may offer their residents advance care planning programs to be funded by the statutory health insurers; (f) palliative care units in hospitals can be remunerated outside the DRG system by per diem rates; (g) separate funding and criteria for multi-professional palliative care services within a hospital.While little concrete impact on hospice and palliative care can be expected following the new § 217 German Criminal Code, the HPG provides a good basis to improve care. For this purpose, however, which complementary and more concrete agreements are made to put the new legal regulations into practice will be crucial.

United Mine Workers V. Bagwell: New restrictions on severe civil contempt fines

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

NONE

1995-11-01

In Bagwell II, the Supreme Court was asked to determine whether the trial court should have applied certain procedural protections, in effect limiting that court`s ability to impose millions of dollars in contempt sanctions. The Court found that the $52 million in fines levied against the United Mine Workers of America (UMWA) for violations of a Virginia Circuit Court`s order were {open_quotes}serious{close_quotes} enough to entitle the UMWA to the safeguards of a criminal jury trial. Bagwell Ii may be a step toward change. The Supreme Court acknowledged that its lack of guidance has resulted in an unrestrained use of themore » contempt power by lower courts. However, the Court refused to abandon the criminal/civil distinction created in Gompers, as some in favor of reform have suggested. Thus, the confusion over what constitutes a criminal contempt sanction as opposed to a civil contempt sanction continues. Bagwell II does appear to create a new catagory of indirect contempt. This catagory of contempt requires a level of procedural protection similar to those required in criminal contempt. The Court distinguishes these contempt from other civil contempt by considering the complexity of both the contemptuous conduct and the court order. As Justice Scalia noted in his concurring opinion, changes in use and form of court orders have made the traditional civil/criminal distinction an inadequate basis for attaching procedural rights.« less

‘Other Spaces’ for the Dangerous Dead of Provincial England, c.1752–1832

PubMed Central

HURREN, ELIZABETH T.

2018-01-01

Abstract The Murder Act (1752) decreed that homicide perpetrators should be hanged and sent for post‐execution punishment. This article explores the event management of criminal dissections by penal surgeons in situ. It reveals that the punishment parade of the condemned did not stop at the scaffold, contrary to the impression in many standard historical accounts. Instead, ordinary people accompanied criminal corpses to many different types of dissection venues. Penal surgeons hand‐picked these performance spaces that were socially produced for legal and practical reasons. They had to be able to process large numbers of people who wanted to be part of the consumption of post‐mortem ‘harm’ in English communities. Event management on location had to have emotional and visual appeal, moral coherence, be timed appropriately, and, if successful, would enhance the deterrence value of the capital code. Yet, managing the ‘dangerous dead’ involved a great deal of discretionary justice with unpredictable outcomes. It often happened in ‘counter‐sites’ of punishment in the community and involved a great deal of immersive theatre. Some events worked well, others threatened the social order. In ‘Other Spaces’ the ‘Dangerous Dead’ was hence a fascinating feature of the Murder Act outside the Metropolis from 1752 to 1832. PMID:29491511

The Criminalization of Domestic Violence: What Social Workers Need To Know.

ERIC Educational Resources Information Center

Danis, Fran S.

2003-01-01

This article reviews the social science, legal, and criminal justice literature regarding interventions used to stop domestic violence. Examines the theoretical foundations and effectiveness of police interventions, the use of protective orders, prosecutions and victim advocacy, court responses, and coordinated community responses to domestic…

32 CFR 634.23 - Specified consent to impoundment.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Motor Vehicle Registration § 634.23... installation traffic code provide for the removal and temporary impoundment of privately owned motor vehicles..., creating a safety hazard, disabled by accident, left unattended in a restricted or control area, or...

Changing laws on medical assistance in dying: Implications for critical care nurses.

PubMed

Edwards, Marie

2016-10-01

In February 2015, the Supreme Court of Canada released its decision in the Carter v. Canada (Attorney General) case, declaring section 241(b) and section 14 of the Criminal Code invalid, and granting a one-year suspension on that declaration to enable the Parliament of Canada to respond. In June 2016, Bill C-14: An Act to Amend the Criminal Code and Make Related Amendments to Other Acts (Medical Assistance in Dying) was passed after much debate in the House of Commons and Senate of Canada. Brief summaries of the Carter v. Canada case and the new federal law are provided and questions regarding medical assistance in dying are explored. The implications of the case and the new law for critical care nurses are also examined, including the need for nurses to attend to legislative changes, the need for education about the roles of nurses in medical assistance in dying, particularly what can be learned from other jurisdictions, and the importance of understanding the concept of conscientious objection.

Health sciences librarians and mental health laws.

PubMed Central

Hartz, F R

1978-01-01

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

32 CFR 634.49 - Standards for impoundment.

Code of Federal Regulations, 2012 CFR

2012-07-01

... CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Impounding Privately Owned Vehicles § 634.49... ongoing operations or movement of traffic, threaten public safety or convenience, are involved in criminal...— (i) On a street or bridge, in a tunnel, or is double parked, and interferes with the orderly flow of...

32 CFR 634.49 - Standards for impoundment.

Code of Federal Regulations, 2013 CFR

2013-07-01

... CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Impounding Privately Owned Vehicles § 634.49... ongoing operations or movement of traffic, threaten public safety or convenience, are involved in criminal...— (i) On a street or bridge, in a tunnel, or is double parked, and interferes with the orderly flow of...

32 CFR 634.49 - Standards for impoundment.

Code of Federal Regulations, 2014 CFR

2014-07-01

... CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Impounding Privately Owned Vehicles § 634.49... ongoing operations or movement of traffic, threaten public safety or convenience, are involved in criminal...— (i) On a street or bridge, in a tunnel, or is double parked, and interferes with the orderly flow of...

32 CFR 634.49 - Standards for impoundment.

Code of Federal Regulations, 2011 CFR

2011-07-01

... CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Impounding Privately Owned Vehicles § 634.49... ongoing operations or movement of traffic, threaten public safety or convenience, are involved in criminal...— (i) On a street or bridge, in a tunnel, or is double parked, and interferes with the orderly flow of...

25 CFR 11.410 - Criminal mischief.

Code of Federal Regulations, 2010 CFR

2010-04-01

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

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.

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

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

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

1995-12-01

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

Forensic psychiatry in Chile.

PubMed

St Denis, Emily E; Sepúlveda, Enrique; Téllez, Carlos; Arboleda-Flórez, Julio; Stuart, Heather; Lam, Miu

2012-01-01

Mental disorders are among the most prevalent of chronic disorders, and a high prevalence of these disorders has been consistently found in jails and prisons. This study was a retrospective case series that described the population of adults charged with a criminal offense who were court ordered to undergo a psychiatric assessment within the Medical Legal Service in Santiago, Chile from 2005 to 2006. Characteristics were explored in order to better understand this population in light of the recent reforms in the judicial and health systems of Chile. Ninety percent of sampled individuals were male, primarily between the ages of 18-39 years. Seventy percent of the evaluations came from the pre-reformed judicial system and 30% were from the reformed system. Approximately 63% of evaluated offenders were considered to have a psychiatric pathology, the most common being the personality disorders. Of the evaluated offenders, approximately 84% were considered by a psychiatrist to be criminally responsible for their crime, 7% were regarded as having diminished criminal responsibility, 4% were considered to be not criminally responsible for their crime, and 4% were cases where criminal responsibility was not applicable. Profession status, municipality of residence, type of residence, ICD-10 diagnosis, treatment recommendation, and criminal responsibility were found to be significantly different between male and female evaluated offenders. Results from this investigation will contribute to knowledge about forensic psychiatry and mental health in Latin America, and will hopefully pave the way for more research and international comparisons. Copyright © 2012 Elsevier Ltd. All rights reserved.

Suicide, hospital-presenting suicide attempts, and criminality in bipolar disorder: examination of risk for multiple adverse outcomes.

PubMed

Webb, Roger T; Lichtenstein, Paul; Larsson, Henrik; Geddes, John R; Fazel, Seena

2014-08-01

To compare risks for suicidality and criminality in a national cohort of people diagnosed with bipolar disorder, and to assess how risk factor profiles differ between these outcomes. We conducted 2 case-cohort studies using interlinked Swedish national registers. Primarily, using International Classification of Diseases (ICD) coding, we identified 15,337 people diagnosed with bipolar disorder, 1973-2009, matched by age and gender to 20 individuals per case sampled randomly from the general population. We estimated risks of suicide and hospital-presenting attempted suicide, and violent and nonviolent criminal offending. We separately assessed these risks among 14,677 unaffected siblings matched to a second general population sample. 22.2% of bipolar disorder cohort members engaged in suicidal or criminal acts after diagnosis. They were at greatly elevated risk for completed suicide (risk ratio = 18.8; 95% CI, 16.0-22.2), attempted suicide (risk ratio = 14.3; 95% CI, 13.5-15.2), violent crime (risk ratio = 5.0; 95% CI, 4.6-5.4), and nonviolent crime (risk ratio = 2.9; 95% CI, 2.8-3.1) compared with the general population. Elevations in risk were far less marked among the unaffected siblings than in the bipolar disorder cohort. Three factors independently predicted raised risk of all 4 adverse outcomes: if the first 2 patient episodes for bipolar disorder required admission, a history of attempted suicide, and a history of diagnosed alcohol/drug disorder. Criminal offending before bipolar diagnosis was an especially strong independent predictor of criminality after diagnosis. The combined risk of suicidality or criminality is substantially elevated in both relative and absolute terms. Clinical prediction rules focusing on multiple vulnerabilities following onset of bipolar disorder, especially when there is history of attempted suicide, substance misuse disorders, or criminal offending, may improve risk management. © Copyright 2014 Physicians Postgraduate Press, Inc.

Suicide, Hospital-Presenting Suicide Attempts, and Criminality in Bipolar Disorder: Examination of Risk for Multiple Adverse Outcomes

PubMed Central

Webb, Roger T.; Lichtenstein, Paul; Larsson, Henrik; Geddes, John R.; Fazel, Seena

2014-01-01

Objective To compare risks for suicidality and criminality in a national cohort of people diagnosed with bipolar disorder, and to assess how risk factor profiles differ between these outcomes. Method We conducted 2 case-cohort studies using interlinked Swedish national registers. Primarily, using International Classification of Diseases (ICD) coding, we identified 15,337 people diagnosed with bipolar disorder, 1973–2009, matched by age and gender to 20 individuals per case sampled randomly from the general population. We estimated risks of suicide and hospital-presenting attempted suicide, and violent and nonviolent criminal offending. We separately assessed these risks among 14,677 unaffected siblings matched to a second general population sample. Results 22.2% of bipolar disorder cohort members engaged in suicidal or criminal acts after diagnosis. They were at greatly elevated risk for completed suicide (risk ratio = 18.8; 95% CI, 16.0–22.2), attempted suicide (risk ratio = 14.3; 95% CI, 13.5–15.2), violent crime (risk ratio = 5.0; 95% CI, 4.6–5.4), and nonviolent crime (risk ratio = 2.9; 95% CI, 2.8–3.1) compared with the general population. Elevations in risk were far less marked among the unaffected siblings than in the bipolar disorder cohort. Three factors independently predicted raised risk of all 4 adverse outcomes: if the first 2 patient episodes for bipolar disorder required admission, a history of attempted suicide, and a history of diagnosed alcohol/drug disorder. Criminal offending before bipolar diagnosis was an especially strong independent predictor of criminality after diagnosis. Conclusions The combined risk of suicidality or criminality is substantially elevated in both relative and absolute terms. Clinical prediction rules focusing on multiple vulnerabilities following onset of bipolar disorder, especially when there is history of attempted suicide, substance misuse disorders, or criminal offending, may improve risk management. PMID:25191918

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

PubMed

Germann, Urs

2014-01-01

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

Race and Criminal Deviance: A Study of Youthful Offenders.

ERIC Educational Resources Information Center

Harris, Anthony R.; Lewis, Michael

In order to examine empirically the impact of race on aspects of the nature and etiology of criminal deviance, questionnaires were administered to 234 predominantly lower class black and white inmates in a prison for youthful offenders. The data thus provided indicated that the different experiences associated with race in contemporary America…

8 CFR 241.4 - Continued detention of inadmissible, criminal, and other aliens beyond the removal period.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 8 Aliens and Nationality 1 2012-01-01 2012-01-01 false Continued detention of inadmissible, criminal, and other aliens beyond the removal period. 241.4 Section 241.4 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED...

8 CFR 241.4 - Continued detention of inadmissible, criminal, and other aliens beyond the removal period.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 8 Aliens and Nationality 1 2014-01-01 2014-01-01 false Continued detention of inadmissible, criminal, and other aliens beyond the removal period. 241.4 Section 241.4 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED...

8 CFR 241.4 - Continued detention of inadmissible, criminal, and other aliens beyond the removal period.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 8 Aliens and Nationality 1 2013-01-01 2013-01-01 false Continued detention of inadmissible, criminal, and other aliens beyond the removal period. 241.4 Section 241.4 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED...

77 FR 45523 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Prevention of...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-01

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

76 FR 77150 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; General Conformity...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-12

....'' Virginia's Immunity Law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

75 FR 8249 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Opacity Source...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-24

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

Euthanasia: Some Legal Considerations

ERIC Educational Resources Information Center

Koza, Pamela

1976-01-01

Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

Court Rules - Alaska Court System

Science.gov Websites

Association Child in Need of Aid Civil Procedure Code of Judicial Conduct Criminal Procedure Delinquency the rules' standards for issuing summons and warrants. Proposed Changes to the CINA/Delinquency Rules Amending CINA Rule 2, adding new CINA Rule 3.1 - Consolidation in sibling CINA cases. New Delinquency Rule

32 CFR 935.101 - Seizure of property.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Seizure of property. 935.101 Section 935.101 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE TERRITORIAL AND INSULAR REGULATIONS WAKE ISLAND CODE Criminal Actions § 935.101 Seizure of property. Any property seized in connection...

[Penal treatment and rehabilitation of the convict in the new Penal Code of San Marino. Juridical and criminological aspects].

PubMed

Sclafani, F; Starace, A

1978-01-01

The Republic of San Marino adopted a new Penal Code which came into force on Ist January 1975; it replaced the former one of 15th Sept. 1865. After having stated the typical aspects of the Penal Procedure System therein enforceable, the Authors examine the rules concerning criminal responsibility and the danger of committing new crimes. They point out and criticize the relevant contradictions. In explaining the measures regarding punishment and educational rehabilitation provided for by the San Marino's legal system, the Authors later consider them from a juridical and criminological viewpoint. If some reforms must be approved (for example: biopsychical inquiry on the charged person, probation, week-end imprisonments, fines according to the incomes of the condemned, etc.). the Authors stress that some legal provisions may appear useless and unrealistic when one considers the environmental conditions of the little Republic. The Authors conclude that Penal Procedure Law is not in accordance with Penal Law and, consequently, they hope that a new reform will be grounded on the needs arising from the crimes perpetrated in loco. It shall be, however, necessary to plan a co-ordination among the two Codes within a framework of de-criminalization of many acts which are now punishable as crime.

Re-evaluating Russia's biological weapons policy, as reflected in the Criminal Code and Official Admissions: insubordination leading to a president's subordination.

PubMed

Knoph, Jan T; Westerdahl, Kristina S

2006-01-01

Half-heartedly acknowledged by the Russian Federation, the Soviet Union ran the world's largest offensive program for biological weapons, breaching the Biological and Toxin Weapons Convention. Russia criminalized biological weapons in 1993 only to decriminalize them in 1996, but in 2003 president Putin partly recriminalized them. None of these changes were declared within the Convention. Several well-known official statements, when reviewed in their context, turned out to admit to neither an offensive program nor a breach of the Convention. Thus, the Russian biological weapons policy is more ambiguous than usually depicted, and various policy shapers can be discerned.

Psychometric properties of the Motivational Interviewing Treatment Integrity coding system 4.2 with jail inmates.

PubMed

Owens, Mandy D; Rowell, Lauren N; Moyers, Theresa

2017-10-01

Motivational Interviewing (MI) is an evidence-based approach shown to be helpful for a variety of behaviors across many populations. Treatment fidelity is an important tool for understanding how and with whom MI may be most helpful. The Motivational Interviewing Treatment Integrity coding system was recently updated to incorporate new developments in the research and theory of MI, including the relational and technical hypotheses of MI (MITI 4.2). To date, no studies have examined the MITI 4.2 with forensic populations. In this project, twenty-two brief MI interventions with jail inmates were evaluated to test the reliability of the MITI 4.2. Validity of the instrument was explored using regression models to examine the associations between global scores (Empathy, Partnership, Cultivating Change Talk and Softening Sustain Talk) and outcomes. Reliability of this coding system with these data was strong. We found that therapists had lower ratings of Empathy with participants who had more extensive criminal histories. Both Relational and Technical global scores were associated with criminal histories as well as post-intervention ratings of motivation to decrease drug use. Findings indicate that the MITI 4.2 was reliable for coding sessions with jail inmates. Additionally, results provided information related to the relational and technical hypotheses of MI. Future studies can use the MITI 4.2 to better understand the mechanisms behind how MI works with this high-risk group. Published by Elsevier Ltd.

Influence Operations and the Internet: A 21st Century Issue. Legal, Doctrinal and Policy Challenges in the Cyber World

DTIC Science & Technology

2010-02-17

create a single set of cyberlaws and procedures internationally in order to insure that there is no safe harbor for cyber criminals .”55 PUTTING IT ALL...TOGETHER – OPERATIONAL EXAMPLES Cyber criminals would include state and non-state actors threatening our security. Assuming all of the previous

Attention, reward, and inhibition: symptomatic features of ADHD and issues for offenders in the criminal justice system.

PubMed

Berryessa, Colleen M

2017-03-01

Although the relationship between criminal activity and ADHD has been heavily studied, this paper reviews a largely neglected area of academic discourse: how symptoms of ADHD that often contribute to offending behavior may also potentially create further problems for offenders with ADHD after they come into contact with the criminal justice system and pilot their way through the legal process. The main symptoms of ADHD that are primarily connected to criminal offending are examined and contextualized with respect to diagnosed offenders' experiences with the justice system. Symptoms of ADHD, specifically reward deficiency, behavioral inhibition, and attention deficits, may affect whether individuals will be successful in their experiences in court, with probation, and during incarceration. This is especially true for individuals whose ADHD diagnoses are unknown to the criminal justice system or have never been formally diagnosed. Actors in the criminal justice need to be aware of the symptomatic features and behavioral patterns of offenders with ADHD in order to recognize and identify these offenders, and correspondingly, to refer them to mental health services. Recognizing that at least some of an offender's behavior may be related to symptoms of ADHD will help the criminal justice system better provide recommendations regarding sentencing, probation, and treatment provisions, as well as better ensure that offenders with ADHD have a more successful and just experience in their interactions with the criminal justice system.

Integrating substance abuse treatment and criminal justice supervision.

PubMed

Marlowe, Douglas B

2003-08-01

Proponents of a pure public safety perspective on the drug problem hold that drug-involved offenders require consistent and intensive supervision by criminal justice authorities in order to stay off drugs and out of trouble. In contrast, proponents of a thoroughgoing public health perspective commonly argue that clients perform better if they are left alone to develop an effective therapeutic alliance with counselors. Both may be correct, but with respect to different groups of offenders. One approach has shown consistent promise for reducing drug use and criminal recidivism: an integrated public health-public safety strategy that combines community-based drug abuse treatment with ongoing criminal justice supervision. This article presents promising findings from programs implementing this strategy and discusses best treatment practices to meet the needs of both low-risk and high-risk clients.

77 FR 55168 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Permits for Major...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-07

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

76 FR 36326 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Adoption of the Revised...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-22

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

78 FR 68365 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of the...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-11-14

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

78 FR 47264 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Section 110(a)(2...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-05

... Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with requirements imposed... immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that... programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties because...

78 FR 58462 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Section 110(a)(2...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-24

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

76 FR 58206 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-20

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

76 FR 2829 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Adoption of 8-hour Ozone...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-18

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

76 FR 63859 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Virginia's...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-14

... Immunity Law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with requirements imposed... immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that... programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties because...

76 FR 3023 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Existing...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-19

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

77 FR 5400 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Virginia's...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-03

....'' Virginia's Immunity Law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

76 FR 52275 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to Clean Air...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-22

....'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with... granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion... authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 6 2014-07-01 2014-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 6 2011-07-01 2011-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 6 2012-07-01 2012-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 6 2013-07-01 2013-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

32 CFR 935.102 - Information.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Information. 935.102 Section 935.102 National... WAKE ISLAND CODE Criminal Actions § 935.102 Information. (a) Any offense may be prosecuted by a written information signed by the Island Attorney. However, if the offense is one for which issue of a citation is...

45 CFR 73.735-1003 - Conflicts of interest statutes.

Code of Federal Regulations, 2012 CFR

2012-10-01

... sections 203, 205, 207 and 208 of title 18, United States Code, all of which carry criminal penalties... be possible to achieve where, for example, a consultant has an executive position with his or her... formulate a research and development contract or a research grant, and for the same reason, it is in the...

Opinions about Child Corporal Punishment and Influencing Factors

ERIC Educational Resources Information Center

Bell, Tessa; Romano, Elisa

2012-01-01

The use of corporal punishment has been linked to negative developmental outcomes for children. Despite this finding, Section 43 of the Canadian Criminal Code permits the use of corporal punishment by parents for children 2 to 12 years of age. Therefore, this study's first objective is to investigate opinions toward Section 43 and spanking more…

28 CFR 2.80 - Guidelines for D.C. Code offenders.

Code of Federal Regulations, 2013 CFR

2013-07-01

... violence or sexual offenses and who has not participated in available programming to address a potential for criminal behavior of a violent or sexual nature, a decision above the guidelines may be warranted...) Obstruction of justice through violence or threats of violence; (viii) Any offense involving sexual abuse of a...

28 CFR 2.80 - Guidelines for D.C. Code offenders.

Code of Federal Regulations, 2014 CFR

2014-07-01

... violence or sexual offenses and who has not participated in available programming to address a potential for criminal behavior of a violent or sexual nature, a decision above the guidelines may be warranted...) Obstruction of justice through violence or threats of violence; (viii) Any offense involving sexual abuse of a...

28 CFR 2.80 - Guidelines for D.C. Code offenders.

Code of Federal Regulations, 2012 CFR

2012-07-01

... violence or sexual offenses and who has not participated in available programming to address a potential for criminal behavior of a violent or sexual nature, a decision above the guidelines may be warranted...) Obstruction of justice through violence or threats of violence; (viii) Any offense involving sexual abuse of a...

The impact of US Government assistance on recidivism.

PubMed

Costopoulos, Julie S; Plewinski, Amy M; Monaghan, Patricia L; Edkins, Vanessa A

2017-10-01

Community re-entry from custody programmes facilitate access to community resources, such as cash assistance and food stamps, with the aim of reducing criminal recidivism. Evidence that these programmes achieve is mainly from longer-term prisoners rather than short-term jail inmates. The aim of the study is to test the hypothesis that facilitating access to community resources while still in jail would reduce re-arrest rates among former jail inmates in the USA. Community resources offered to the jail inmates participating in this study included Medicaid, food stamps and cash assistance. Participants who opted to sign up for these social services were matched with non-applicants based on date of release (n = 101). Each participant's criminal history was coded prior to release from the jail and at three months, six months and one year after release. Contrary to our original hypotheses, recidivism was not significantly reduced in the applicant group. People released after facilitated access to community assistance had an increase in drug offence severity at six months after release. Recidivism also differed by age and race. The substance offences in the applicant group suggested that cash benefits provided the released offender with the means to sustain their substance misuse. Treatment for substance misuse should be incorporated with other resources in order to reduce recidivism effectively. Copyright © 2016 John Wiley & Sons, Ltd. Copyright © 2016 John Wiley & Sons, Ltd.

Behavioral analysis of malicious code through network traffic and system call monitoring

NASA Astrophysics Data System (ADS)

Grégio, André R. A.; Fernandes Filho, Dario S.; Afonso, Vitor M.; Santos, Rafael D. C.; Jino, Mario; de Geus, Paulo L.

2011-06-01

Malicious code (malware) that spreads through the Internet-such as viruses, worms and trojans-is a major threat to information security nowadays and a profitable business for criminals. There are several approaches to analyze malware by monitoring its actions while it is running in a controlled environment, which helps to identify malicious behaviors. In this article we propose a tool to analyze malware behavior in a non-intrusive and effective way, extending the analysis possibilities to cover malware samples that bypass current approaches and also fixes some issues with these approaches.

The linkage between childhood bullying behaviour and future offending.

PubMed

Jiang, Depeng; Walsh, Margaret; Augimeri, Leena K

2011-04-01

To examine the linkage between bullying behaviour in early childhood and any subsequent contact with the criminal justice system. A Canadian sample (570 boys and 379 girls) was derived from clients who participated in the evidenced-based programme, SNAP (STOP NOW AND PLAN), between 2001 and 2009. A court order was obtained to access any criminal record data on participants. The Early Assessment Risk Lists (EARL-20B and EARL-21G) and the Child Behavior Checklist (CBCL) were used to identify level of risk and bullying behaviour. Outcome variables included age the child first came in contact with the criminal justice system and frequency. Logistic and Cox regression analyses indicate that the risk of onset of criminal offence for bullies was significantly higher than for non-bullies. The hazard of criminal offence for bullies is 1.9 times (95% CI: 1.1-3.2) than that of non-bullies. This holds true even when adjusted for age, gender and other risk factors. We found a strong linkage between bullying behaviour during childhood and subsequent criminal offending after the age of 12. Criminal convictions for bullies were nearly twice as high for non-bullies up to the child's 18th birthday. EARLs were effective in differentiating risk associated with bullying. Copyright © 2011 John Wiley & Sons, Ltd.

Cyber Forensics Ontology for Cyber Criminal Investigation

NASA Astrophysics Data System (ADS)

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

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

Is it morally permissible for hospital nurses to access prisoner-patients' criminal histories?

PubMed

Neiman, Paul

2016-01-01

In the United States, information about a person's criminal history is accessible with a name and date of birth. Ruth Crampton has studied nurses' care for prisoner-patients in hospital settings and found care to be perfunctory and reactive. This article examines whether it is morally permissible for nurses in hospital settings to access information about prisoner-patients' criminal histories. Nurses may argue for a right to such information based on the right to personal safety at work or the obligation to provide prisoner-patients with the care that they deserve. These two arguments are considered and rejected. It is further argued that accessing information about a prisoner-patient's criminal history violates nurses' duty to care. Care, understood through Sarah Ruddick's account as work and relationship, requires nurses to be open and unbiased in order to do their part in forming a caring relationship with patients. Knowledge of a prisoner-patient's criminal history inhibits the formation of this relationship and thus violates nurses' duty to care.

Comparison of criminal activity between Israeli veterans with and without PTSD.

PubMed

Sherman, Shany; Fostick, Leah; Zohar, Joseph

2014-02-01

The literature, based on US Vietnam veterans, suggests that posttraumatic stress disorder (PTSD) is associated with increased criminal activity, especially violence, alcohol, and drug abuse, although more recent studies, which tested data from the United States as well as the United Kingdom, suggest a more moderate effect for this relationship. The current study examines Israeli veterans, who differ socioeconomically and have lower rates of substance abuse than veterans in previous studies. In this study, the social security numbers of 2,235 male veterans with PTSD and 2,235 matched control male veterans without a PTSD diagnosis were checked for criminal records in the Israeli Police criminal records database. Severity measures were also obtained for 273 veterans who are currently treated for PTSD by the Ministry of Defense. PTSD diagnosed veterans, as compared to controls, were slightly more likely to have criminal records (43%, n = 957/2235 versus 36%, n = 803/2235, Chi- square = 22.23, P < 0.001, OR = 1.33). This was due to a small difference in "Violence" and "Crimes against public order and legal authority." No difference was found in drugs or any other categories. In addition, criminal activity was not related to symptoms severity. More veterans with PTSD had their first criminal record after the traumatic event. Contrary to previous findings, in this large national cohort, only slight association was found between PTSD and criminal activity. The unique sample of Israeli veterans might account for this difference and suggest that PTSD per se might not be linked to increased criminal activity, violence, or substance abuse. © 2013 Wiley Periodicals, Inc.

[Euthanasia].

PubMed

Julesz, Máté

2013-04-28

The problem of euthanasia emerges again and again in today's Europe. The Dutch type of regulation of euthanasia could be introduced into the Hungarian legal system. Today, in Hungary, the ethical guidelines of the chamber of medicine, the criminal law and the administrative health law also forbid active euthanasia. In Hungary, the criminal code reform of 2012 missed to liberalise the regulation of euthanasia. Such liberalisation awaits bottom-up support from the part of the society. In Europe, active euthanasia is legal only in the Netherlands, Belgium, Luxemburg and Switzerland. In Hungary, a passive form of euthanasia is legal, i.e. a dying patient may, under strict procedural circumstances, refuse medical treatment. The patient is not allowed to refuse medical treatment, if she is pregnant and foreseeably capable to give birth to her child.

Predicting Pathways into Criminal Behavior: The Intersection of Race, Gender, Poverty, Psychological Factors.

PubMed

Walt, Lisa Christine; Jason, Leonard A

2017-01-01

Women's incarceration rates have increased dramatically over recent years; with Black women's rates disproportionately and significantly higher than other races. Researchers have attempted to understand this criminal justice involvement disparity, and have suggested two major theoretical pathways Differential Involvement and Differential Selection Theories to explain these racial differences. We use the Differential Involvement Theory as a framework to discuss how the objective experience of economic disadvantage as measured by indicators of structural hardship including educational and employment under-attainment and the experience of psychological stress related to resource loss (because of this disadvantage) may explain women's engagement in criminal activity. In order to conceptualize psychological stress, we used Hobfoll's Conservation of Resource's (COR) Theory and measure. Next, we investigated the link between these factors and the degree (number of times incarcerated, number of months incarcerated in lifetime) of criminal behavior using baseline data collected from a NIH study that drew from a racially diverse sample of former substance abusing, criminally involved urban women. Results indicated potential racial differences in the perception of resource loss, and underscore the complex interaction of the experience of race, poverty, and the unique experience of stress on women's decision making and criminal justice involvement.

Integrating Substance Abuse Treatment and Criminal Justice Supervision

PubMed Central

Marlowe, Douglas B.

2003-01-01

Proponents of a pure public safety perspective on the drug problem hold that drug-involved offenders require consistent and intensive supervision by criminal justice authorities in order to stay off drugs and out of trouble. In contrast, proponents of a thoroughgoing public health perspective commonly argue that clients perform better if they are left alone to develop an effective therapeutic alliance with counselors. Both may be correct, but with respect to different groups of offenders. One approach has shown consistent promise for reducing drug use and criminal recidivism: an integrated public health-public safety strategy that combines community-based drug abuse treatment with ongoing criminal justice supervision. This article presents promising findings from programs implementing this strategy and discusses best treatment practices to meet the needs of both low-risk and high-risk clients. PMID:18552716

Resilience in the Context of Child Maltreatment: Connections to the Practice of Mandatory Reporting

ERIC Educational Resources Information Center

Wekerle, Christine

2013-01-01

A human rights perspective places the care for children in the obligation sphere. The duty to protect from violence is an outcome of having a declaration confirming inalienable human rights. Nationally, rights may be reflected in constitutions, charters, and criminal codes. Transnationally, the United Nation's (UN) Convention on the Rights of the…

28 CFR Appendix A to Part 812 - Qualifying District of Columbia Code Offenses

Code of Federal Regulations, 2011 CFR

2011-07-01

... FOR THE DISTRICT OF COLUMBIA COLLECTION AND USE OF DNA INFORMATION Pt. 812, App. A Appendix A to Part... Columbia, the DNA Sample Collection Act of 2001 identifies the criminal offenses listed in Table 1 of this appendix as “qualifying District of Columbia offenses” for the purposes of the DNA Analysis Backlog...

28 CFR Appendix A to Part 812 - Qualifying District of Columbia Code Offenses

Code of Federal Regulations, 2010 CFR

2010-07-01

... FOR THE DISTRICT OF COLUMBIA COLLECTION AND USE OF DNA INFORMATION Pt. 812, App. A Appendix A to Part... Columbia, the DNA Sample Collection Act of 2001 identifies the criminal offenses listed in Table 1 of this appendix as “qualifying District of Columbia offenses” for the purposes of the DNA Analysis Backlog...

28 CFR Appendix A to Part 812 - Qualifying District of Columbia Code Offenses

Code of Federal Regulations, 2012 CFR

2012-07-01

... FOR THE DISTRICT OF COLUMBIA COLLECTION AND USE OF DNA INFORMATION Pt. 812, App. A Appendix A to Part... Columbia, the DNA Sample Collection Act of 2001 identifies the criminal offenses listed in Table 1 of this appendix as “qualifying District of Columbia offenses” for the purposes of the DNA Analysis Backlog...

28 CFR Appendix A to Part 812 - Qualifying District of Columbia Code Offenses

Code of Federal Regulations, 2014 CFR

2014-07-01

... FOR THE DISTRICT OF COLUMBIA COLLECTION AND USE OF DNA INFORMATION Pt. 812, App. A Appendix A to Part... Columbia, the DNA Sample Collection Act of 2001 identifies the criminal offenses listed in Table 1 of this appendix as “qualifying District of Columbia offenses” for the purposes of the DNA Analysis Backlog...

28 CFR Appendix A to Part 812 - Qualifying District of Columbia Code Offenses

Code of Federal Regulations, 2013 CFR

2013-07-01

... FOR THE DISTRICT OF COLUMBIA COLLECTION AND USE OF DNA INFORMATION Pt. 812, App. A Appendix A to Part... Columbia, the DNA Sample Collection Act of 2001 identifies the criminal offenses listed in Table 1 of this appendix as “qualifying District of Columbia offenses” for the purposes of the DNA Analysis Backlog...

Spare the Rod and Save the Child: Observations and Some Positive Recommendations on Child Abuse.

ERIC Educational Resources Information Center

Cass, Elie

1979-01-01

Parents have the right to their children, but their children have a right to live. The Criminal Code should be amended to oblige parents to prove their innocence. If the Crown can establish that the child was beaten when only parents were present, parents should prove they were not responsible. (Author)

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

DTIC Science & Technology

2008-05-09

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

The Social Organization of the Computer Underground

DTIC Science & Technology

1989-08-01

colleagues, with only small groups approaching peer relationships. 14 . SUBJECT TERMS HACK, Computer Underground 15. NUMBER OF PAGES 16. PRICE CODE 17...between individuals involved in a common activity (pp. 13- 14 ). Assessing the degree and manner in which the...criminalized over the past several years . Hackers, and the "danger" that they present in our computer dependent

22 CFR 40.22 - Multiple criminal convictions.

Code of Federal Regulations, 2011 CFR

2011-04-01

... United States, by the former High Commissioner for Germany acting pursuant to Executive Order 10062, or by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order...

22 CFR 40.22 - Multiple criminal convictions.

Code of Federal Regulations, 2013 CFR

2013-04-01

... United States, by the former High Commissioner for Germany acting pursuant to Executive Order 10062, or by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order...

22 CFR 40.22 - Multiple criminal convictions.

Code of Federal Regulations, 2012 CFR

2012-04-01

... United States, by the former High Commissioner for Germany acting pursuant to Executive Order 10062, or by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order...

22 CFR 40.22 - Multiple criminal convictions.

Code of Federal Regulations, 2014 CFR

2014-04-01

... United States, by the former High Commissioner for Germany acting pursuant to Executive Order 10062, or by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order...

25 CFR 11.318 - Extradition.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Criminal Procedure § 11.318 Extradition. Any Court of Indian Offenses may order delivery to the proper..., the accused shall be accorded a right to contest the propriety of the court's order in a hearing...

Some evidentiary considerations for physician billing.

PubMed

Rooks, Franklin J

2011-01-01

In a criminal prosecution for medical billing fraud alleging up-coding and overbilling, the government's evidence may encompass the practice's entire billings and draw inferences from them. In addition, fraud may be demonstrated through statistical analysis comparing a physician's billings relative to other providers of the same specialty. The Federal Rules of Evidence govern the admissibility of evidence during a trial, to provide fairness for both the prosecution and the defense. Physicians and practice managers should be well versed in the billing requirements and particularly careful when CPT codes are expressed in terms of "required times" as opposed to "typical times."

[Assisted reproduction and artificial insemination and genetic manipulation in the Criminal Code of the Federal District, Mexico].

PubMed

Brena Sesma, Ingrid

2004-01-01

The article that one presents has for purpose outline and comment on the recent modifications to the Penal Code for the Federal District of México which establish, for the first time, crimes related to the artificial procreation and to the genetic manipulation. Also one refers to the interaction of the new legal texts with the sanitary legislation of the country. Since it will be stated in some cases they present confrontations between the penal and the sanitary reglamentation and some points related to the legality or unlawfulness of a conduct that stayed without the enough development. These lacks will complicate the application of the new rules of the Penal Code of the Federal District.

[Situation of legal conflicts in criminal proceedings].

PubMed

Krause, Daniel M

2003-11-01

Criminal proceedings against physicians involving an alleged professional malpractice usually represent a complex problem raising issues in various (potential) areas of conflict. In many cases such proceedings are accompanied by liability actions in civil courts, occasionally proceedings have been initiated by the Medical Board in order to clarify a case of professional misconduct. Often, a medical malpractice insurance is involved. In order to protect the physician's interests in the best possible way, any action in the various matters needs concerted efforts. No statement or comment regarding the allegations should be rendered to the prosecution before access to the investigation file has been granted. No negative conclusions may be drawn from the use of the right to refuse testimony. The preparation of a written statement requires a thorough legal and factual analysis of the allegations as well as the evidence they are based on. In this respect professional legal assistance is essential. It does not constitute a breach of the doctor-patient confidentiality if the physician discloses information in order to defend himself against criminal allegations. If several physicians are charged with an offense it is recommendable in most cases to coordinate defense activities.

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

PubMed Central

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

2015-01-01

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

47 CFR 0.457 - Records not routinely available for public inspection.

Code of Federal Regulations, 2012 CFR

2012-10-01

... inspection. (5) Section 1905 of the federal criminal code, the Trade Secrets Act, 18 U.S.C. 1905, prohibits... inspection, 5 U.S.C. 552(b)(4) and 18 U.S.C. 1905. (1) The materials listed in this paragraph have been... video programming distributors. (v) The rates, terms and conditions in any agreement between a U.S...

47 CFR 0.457 - Records not routinely available for public inspection.

Code of Federal Regulations, 2011 CFR

2011-10-01

... inspection. (5) Section 1905 of the federal criminal code, the Trade Secrets Act, 18 U.S.C. 1905, prohibits... inspection, 5 U.S.C. 552(b)(4) and 18 U.S.C. 1905. (1) The materials listed in this paragraph have been... video programming distributors. (v) The rates, terms and conditions in any agreement between a U.S...

Brief Report: Judicial Attitudes Regarding the Sentencing of Offenders with High Functioning Autism

PubMed Central

Berryessa, Colleen M.

2016-01-01

This brief report presents preliminary data on the attitudes of judges on the sentencing of offenders with High Functioning Autism (HFA). Semi-structured telephone interviews were conducted with twenty-one California Superior Court Judges. Interviews were qualitatively coded and constant comparative analysis was utilized. Findings revealed that judges consider HFA as both a mitigating and aggravating factor in sentencing, and knowledge of an offender’s disorder could potentially help judges understand why a criminal action might have been committed. Judges voiced concerns about the criminal justice system being able to effectively help or offer sentencing options for offenders with HFA. Finally, judges reported that they are focused on using their their judicial powers and influence to provide treatment and other resources during sentencing. PMID:27106568

[Scope of the cause of justification of the legitimate exercise of a right in the area of genetic criminality].

PubMed

Romeo Malanda, Sergio

2009-01-01

The Spanish penal Code of 1995 creates various crimes in relation to biotechnology, namely, the offence of genetic manipulation, the offence of cloning and the offence of fertilization of human eggs for purpose others than procreation. These new offences seek to protect new legal interests. But besides these interests, we must not forget that there also exist certain rights of the person that rely on reproductive and genetic technologies to be fully effective. That is why it is inevitable to bring to the discussion other interests of a different nature that may be in conflict with these new legal interests. This is the case in relation to the right to procreate and the right to scientific research. According to Article 20.7 of the Spanish penal Code, a person may justifiably engage in conduct that satisfies the elements of an offence if he has a right to do so. In this work the author analyses if certain conduct that could harm some legal interests, and therefore would be criminally punishable could be justified on the basis of the abovementioned rights to procreate and to undertake scientific research.

Predicting Pathways into Criminal Behavior: The Intersection of Race, Gender, Poverty, Psychological Factors

PubMed Central

Walt, Lisa Christine; Jason, Leonard A.

2017-01-01

Women’s incarceration rates have increased dramatically over recent years; with Black women’s rates disproportionately and significantly higher than other races. Researchers have attempted to understand this criminal justice involvement disparity, and have suggested two major theoretical pathways Differential Involvement and Differential Selection Theories to explain these racial differences. We use the Differential Involvement Theory as a framework to discuss how the objective experience of economic disadvantage as measured by indicators of structural hardship including educational and employment under-attainment and the experience of psychological stress related to resource loss (because of this disadvantage) may explain women’s engagement in criminal activity. In order to conceptualize psychological stress, we used Hobfoll’s Conservation of Resource’s (COR) Theory and measure. Next, we investigated the link between these factors and the degree (number of times incarcerated, number of months incarcerated in lifetime) of criminal behavior using baseline data collected from a NIH study that drew from a racially diverse sample of former substance abusing, criminally involved urban women. Results indicated potential racial differences in the perception of resource loss, and underscore the complex interaction of the experience of race, poverty, and the unique experience of stress on women’s decision making and criminal justice involvement. PMID:29651468

The Dynamics of Crime and Punishment

NASA Astrophysics Data System (ADS)

Hausken, Kjell; Moxnes, John F.

This article analyzes crime development which is one of the largest threats in today's world, frequently referred to as the war on crime. The criminal commits crimes in his free time (when not in jail) according to a non-stationary Poisson process which accounts for fluctuations. Expected values and variances for crime development are determined. The deterrent effect of imprisonment follows from the amount of time in imprisonment. Each criminal maximizes expected utility defined as expected benefit (from crime) minus expected cost (imprisonment). A first-order differential equation of the criminal's utility-maximizing response to the given punishment policy is then developed. The analysis shows that if imprisonment is absent, criminal activity grows substantially. All else being equal, any equilibrium is unstable (labile), implying growth of criminal activity, unless imprisonment increases sufficiently as a function of criminal activity. This dynamic approach or perspective is quite interesting and has to our knowledge not been presented earlier. The empirical data material for crime intensity and imprisonment for Norway, England and Wales, and the US supports the model. Future crime development is shown to depend strongly on the societally chosen imprisonment policy. The model is intended as a valuable tool for policy makers who can envision arbitrarily sophisticated imprisonment functions and foresee the impact they have on crime development.

Human Trafficking in Southeast Asia and U.S. National Security

DTIC Science & Technology

2015-03-01

beneficial to combat the problems at their source in order to have a lasting effect. Criminal organizations use money from drug trafficking rings...trafficking is often paired with other crimes such as drug trafficking, document forgery, money laundering , and human smuggling—all of which yield large... criminal and terrorist organizations to engage in, or launder the proceeds of illegal activity.”169 The report that new strategic focus for the United

[Liability of pediatric nurses for professional negligence in Taiwan: a case study].

PubMed

Huang, Hui-Man; Sun, Fan-Ko

2014-04-01

Liability attribution and professional negligence in pediatric nursing are topics that have been neglected in Taiwan. (1) Identify the definitions of related criminal activities in accordance with domestic criminal law; (2) Elucidate the facts and the dispute in a current case involving a pediatric nurse; (3) Elucidate the principle of 'no punishment without law'; (4) Explore the reasons why the pediatric nurse in the current case received a verdict of 'not guilty'. A literature review and case study approach were used to analyze a sentence reconsideration of the first instance No. 1 (2011) issued by the Taiwan high court, Kaohsiung branch court. The conditions for the scrutiny of criminal activity under Taiwan criminal law are statement of facts, illegality (justifiable cause), and liability (excuse). In this case, the pediatric nurse was accused of failing to prevent an infant from suffocation and of not discharging her obligations as a nurse. The pediatric nurse rebutted the charge of criminal negligence. The intervening behaviors of the pediatric nurse were found to be legal and not culpable. In this case, the High Court and Supreme Court made a final criminal judgment based on the presumption of innocence, and the pediatric nurse was pronounced innocent of the charge. This article intends to assist pediatric nurses understand their liabilities under Taiwan's criminal law. Pediatric nurses should gain a better understanding of the nature of liability for professional negligence in order to clarify how actions that may be illegal do not necessarily make nurses culpable.

The role of substance use and morality in violent crime - a qualitative study among imprisoned individuals in opioid maintenance treatment

PubMed Central

2014-01-01

Background Opioid maintenance treatment (OMT) is regarded as a crime control measure. Yet, some individuals are charged with violent criminal offenses while enrolled in OMT. This article aims to generate nuanced knowledge about violent crime among a group of imprisoned, OMT-enrolled individuals by exploring their understandings of the role of substances in violent crime prior to and during OMT, moral values related to violent crime, and post-crime processing of their moral transgressions. Methods Twenty-eight semi-structured interviews were undertaken among 12 OMT-enrolled prisoners. The interviews were audio recorded and transcribed verbatim. An exploratory, thematic analysis was carried out with a reflexive and interactive approach. Findings Prior to OMT, substances and, in particular, high-dose benzodiazepines were deliberately used to induce ‘antisocial selves’ capable of transgressing individual moral codes and performing non-violent and violent criminal acts, mainly to support costly heroin use. During OMT, impulsive and uncontrolled substance use just prior to the violent acts that the participants were imprisoned for was reported. Yet, to conduct a (violent) criminal act does not necessarily imply that one is without moral principles. The study participants maintain moral standards, engage in complex moral negotiations, and struggle to reconcile their moral transgressions. Benzodiazepines were also used to reduce memories of and alleviate the guilt associated with having committed violent crimes. Conclusions Substances are used to transgress moral codes prior to committing and to neutralize the shame and guilt experienced after having committed violent crimes. Being simultaneously enrolled in OMT and imprisoned for a (violent) crime might evoke feelings of ‘double’ shame and guilt for both the criminal behavior prior to treatment and the actual case(s) one is imprisoned for while in OMT. Treatment providers should identify individuals with histories of violent behavior and, together with them, explore concrete episodes of violence and their emotional reactions. Particular attention should be given to potential relationships between substance use and violence and treatment approaches tailored accordingly. What appears as severe antisocial personality disorder may be partly explained by substance use. PMID:25142321

Criminal Justice Contact, Stressors, and Obesity-Related Health Problems Among Black Adults in the USA.

PubMed

Archibald, Paul C; Parker, Lauren; Thorpe, Roland

2018-04-01

Criminal justice contact-defined as lifetime arrest, parole, or incarceration, seems to exacerbate chronic conditions, and those who are most likely to have had contact with the criminal justice system, such as Black adults, often already have pre-existing disproportionately high rates of stress and chronic conditions due to the social determinants of health that affect underrepresented minorities. Findings from this study suggest that there is a mechanism that links the stressors among Black adults manifested by such factors as family, financial, neighborhood, and personal problems with criminal justice contact to obesity-related health status. Using the National Survey of American Life (NSAL), modified Poisson regression analyses were used to determine the association between criminal justice contact, stressors, and obesity-related health problems among a national sample of Black adults (n = 5008). In the full model, the odds of experiencing obesity-related health problems for Black adults who had criminal justice contact was reduced (PR, 1.23 to 1.14) and not statistically significant. Black adults who reported experiencing family stressors (PR, 1.21; 95% CI, 1.08, 1.36), financial stressors (PR, 1.30; 95% CI, 1.16, 1.47), and personal stressors (PR, 1.16; 95% CI, 1.02, 1.31) were statistically significant and higher than those who reported not experiencing any of these stressors; neighborhood stressors was not statistically significant. The evidence suggests a relationship between the stressors associated with criminal justice contact and obesity-related health status. These findings emphasize the need to further explore the family, financial, and personal stressors for Black adults with criminal justice contact in order to further our understanding of their obesity-related health problems.ᅟ.

Impact of Burnout on Organizational Outcomes, the Influence of Legal Demands: The Case of Ecuadorian Physicians.

PubMed

Ochoa, Paola

2018-01-01

Interest in burnout has developed extensively worldwide, but there is scarce the literature regarding the consequences that new legal demands have on burnout and on organizational outcomes in physicians. The global context of the medical profession has been characterized in the recent years by changes in the employment patterns, profound intensification of work, and increment of labor flexibility. In this context, the study aims to analyze the influence of burnout on organizational outcomes in physicians, depending on new legal demands perception in Ecuador. Regarding the method, the research was cross sectional and in the first stage, studied the psychometric characteristics, validity and reliability of the instrument to assess burnout through a series of confirmatory factor analyses (CFA). In a second part, we assessed, the robustness of the model of causal relations between the burnout dimensions and organizational outcomes. We carried out a series of path analysis, structural equation model. The study was accomplished in five hospitals and the sample was incidental, comprising 435 physicians from Ecuador. We divided the group in two subcategories, Sample A, composed by participants that considered that new Criminal Code (COIP) affects them and the Sample B, the group of physicians who believed that the COIP does not affect them. Burnout was assessed with the Spanish adaptation of the Maslach Burnout Inventory (MBI), the Organizational outcomes were measured with a seven-item self-report questionnaire, and we included an item regarding to the influence of new Criminal Code. We formulated four hypotheses, that considered that physicians who believed that the COIP affect them experience a greater negative influence of burnout on organizational outcomes. The results indicated that the group of physicians who believed that the COIP affects them (Sample A) experienced a greater negative influence of cynicism on productivity than Sample B. Moreover, the lack of efficacy dimension had more positive influence on turnover in group that believed that the Criminal Code does not affect their practice. The study is unique because incorporated new legal demands to traditional relation burnout and organizational outcomes in physicians.

Impact of Burnout on Organizational Outcomes, the Influence of Legal Demands: The Case of Ecuadorian Physicians

PubMed Central

Ochoa, Paola

2018-01-01

Interest in burnout has developed extensively worldwide, but there is scarce the literature regarding the consequences that new legal demands have on burnout and on organizational outcomes in physicians. The global context of the medical profession has been characterized in the recent years by changes in the employment patterns, profound intensification of work, and increment of labor flexibility. In this context, the study aims to analyze the influence of burnout on organizational outcomes in physicians, depending on new legal demands perception in Ecuador. Regarding the method, the research was cross sectional and in the first stage, studied the psychometric characteristics, validity and reliability of the instrument to assess burnout through a series of confirmatory factor analyses (CFA). In a second part, we assessed, the robustness of the model of causal relations between the burnout dimensions and organizational outcomes. We carried out a series of path analysis, structural equation model. The study was accomplished in five hospitals and the sample was incidental, comprising 435 physicians from Ecuador. We divided the group in two subcategories, Sample A, composed by participants that considered that new Criminal Code (COIP) affects them and the Sample B, the group of physicians who believed that the COIP does not affect them. Burnout was assessed with the Spanish adaptation of the Maslach Burnout Inventory (MBI), the Organizational outcomes were measured with a seven-item self-report questionnaire, and we included an item regarding to the influence of new Criminal Code. We formulated four hypotheses, that considered that physicians who believed that the COIP affect them experience a greater negative influence of burnout on organizational outcomes. The results indicated that the group of physicians who believed that the COIP affects them (Sample A) experienced a greater negative influence of cynicism on productivity than Sample B. Moreover, the lack of efficacy dimension had more positive influence on turnover in group that believed that the Criminal Code does not affect their practice. The study is unique because incorporated new legal demands to traditional relation burnout and organizational outcomes in physicians. PMID:29780347

China Report, Political, Sociological and Military Affairs, No. 465.

DTIC Science & Technology

1983-10-24

and the crimes of those who practice witchcraft for the purpose of spreading rumors or swindling people out of money. When practicing physiognomy... witchcraft also frequently fabricate rumors in order to swindle people out of money and property. If the case is serious in nature and if they violate...the criminal law, they can be dealt with according to Article 165 of the criminal law con- cerning "those who practice witchcraft for the purpose

Socioeconomic disadvantage and schizophrenia in migrants under mental health detention orders.

PubMed

Bulla, Jan; Hoffmann, Klaus; Querengässer, Jan; Ross, Thomas

2017-09-01

Migrants with mental hospital orders according to section 63 of the German criminal code are overrepresented in relation to their numbers in the general population. Subgroups originating from certain world regions are diagnosed with schizophrenia at a much higher rate than others. In the present literature, there is a strong evidence for a substantial correlation between migration, social disadvantage and the prevalence of schizophrenia. This study investigates the relationship between countries of origin, the risk of becoming a forensic patient and the proportion of schizophrenia spectrum disorders. Data from a comprehensive evaluation tool of forensic inpatients in the German federal state of Baden-Württemberg (FoDoBa) were compared with population statistics and correlated with the Human Development Index (HDI) and Multidimensional Poverty Index (MPI). For residents with migration background, the risk ratio to receive a mental hospital order is 1.3 in comparison to non-migrants. There was a highly significant correlation between the HDI of the country of origin and the risk ratio for detention in a forensic psychiatric hospital. The proportion of schizophrenia diagnoses also correlated significantly with the HDI. In contrast, the MPI country rankings were not associated with schizophrenia diagnoses. Two lines of explanations are discussed: first, higher prevalence of schizophrenia in migrants originating from low-income countries, and second, a specific bias in court rulings with regard to involuntary forensic treatment orders for these migrant groups.

Childhood Hyperactivity, Physical Aggression and Criminality: A 19-Year Prospective Population-Based Study

PubMed Central

Pingault, Jean-Baptiste; Côté, Sylvana M.; Lacourse, Eric; Galéra, Cédric; Vitaro, Frank; Tremblay, Richard E.

2013-01-01

Background Research shows that children with Attention Deficit/Hyperactivity Disorder are at elevated risk of criminality. However, several issues still need to be addressed in order to verify whether hyperactivity in itself plays a role in the prediction of criminality. In particular, co-occurrence with other behaviors as well as the internal heterogeneity in ADHD symptoms (hyperactivity and inattention) should be taken into account. The aim of this study was to assess the unique and interactive contributions of hyperactivity to the development of criminality, whilst considering inattention, physical aggression and family adversity. Methodology/Principal Findings We monitored the development of a population-based sample of kindergarten children (N = 2,741). Hyperactivity, inattention, and physical aggression were assessed annually between the ages of 6 and 12 years by mothers and teachers. Information on the presence, the age at first charge and the type of criminal charge was obtained from official records when the participants were aged 25 years. We used survival analysis models to predict the development of criminality in adolescence and adulthood: high childhood hyperactivity was highly predictive when bivariate analyses were used; however, with multivariate analyses, high hyperactivity was only marginally significant (Hazard Ratio: 1.38; 95% CI: 0.94–2.02). Sensitivity analyses revealed that hyperactivity was not a consistent predictor. High physical aggression was strongly predictive (Hazard Ratio: 3.44; 95% CI: 2.43–4.87) and its role was consistent in sensitivity analyses and for different types of crime. Inattention was not predictive of later criminality. Conclusions/Significance Although the contribution of childhood hyperactivity to criminality may be detected in large samples using multi-informant longitudinal designs, our results show that it is not a strong predictor of later criminality. Crime prevention should instead target children with the highest levels of childhood physical aggression and family adversity. PMID:23658752

Preparing a cost analysis for the section of medical physics-guidelines and methods.

PubMed

Mills, M D; Spanos, W J; Jose, B O; Kelly, B A; Brill, J P

2000-01-01

Radiation oncology is a highly complex medical specialty, involving many varied routine and special procedures. To assure cost-effectiveness and maintain support for the medical physics program, managers are obligated to analyze and defend all aspects of an institutional billing and cost-reporting program. Present standards of practice require that each patient's radiation treatments be customized to fit his/her particular condition. Since the use of personnel time and other resources is highly variable among patients, graduated levels of charges have been established to allow for more precise billing. Some radiation oncology special procedures have no specific code descriptors; so existing codes are modified or additional information attached in order to avoid payment denial. Recent publications have explored the manpower needs, salaries, and other resources required to perform radiation oncology "physics" procedures. This information is used to construct a model cost-based resource use profile for a radiation oncology center. This profile can be used to help the financial officer prepare a cost report for the institution. Both civil and criminal penalties for Medicare fraud and abuse (intentional or unintentional) are included in the False Claims Act and other statutes. Compliance guidelines require managers to train all personnel in correct billing procedures and to review continually billing performance.

Just a little bit more: when sports scientists cross the line.

PubMed

Fox, Tyler

2014-06-01

Sports science has attracted controversy for the role it plays in an athlete's career and health, but Australian jurisprudence lacks any discussion of their criminal and civil liability when athletes suffer personal or professional harm. This article explores how liability may attach to both sports doctors and sports scientists in the future based on principles from current case law. It finds that criminal and civil liability attaching to personal harm could be proven, provided that consent to the risks or the treatment has not been given. Establishing professional harm caused by negligent advice regarding whether a substance does not comply with the World Anti-Doping Code is arguable considering the athlete's vulnerability to be exposed to sanctions. Expert evidence regarding what, and how a substance, is taken will be crucial to establishing causation in manslaughter prosecutions.

DNA typing in forensic medicine and in criminal investigations: a current survey.

PubMed

Benecke, M

1997-05-01

Since 1985 DNA typing of biological material has become one of the most powerful tools for personal identification in forensic medicine and in criminal investigations [1-6]. Classical DNA "fingerprinting" is increasingly being replaced by polymerase chain reaction (PCR) based technology which detects very short polymorphic stretches of DNA [7-15]. DNA loci which forensic scientists study do not code for proteins, and they are spread over the whole genome [16, 17]. These loci are neutral, and few provide any information about individuals except for their identity. Minute amounts of biological material are sufficient for DNA typing. Many European countries are beginning to establish databases to store DNA profiles of crime scenes and known offenders. A brief overview is given of past and present DNA typing and the establishment of forensic DNA databases in Europe.

DNA typing in forensic medicine and in criminal investigations: a current survey

NASA Astrophysics Data System (ADS)

Benecke, Mark

Since 1985 DNA typing of biological material has become one of the most powerful tools for personal identification in forensic medicine and in criminal investigations [1-6]. Classical DNA "fingerprinting" is increasingly being replaced by polymerase chain reaction (PCR) based technology which detects very short polymorphic stretches of DNA [7-15]. DNA loci which forensic scientists study do not code for proteins, and they are spread over the whole genome [16, 17]. These loci are neutral, and few provide any information about individuals except for their identity. Minute amounts of biological material are sufficient for DNA typing. Many European countries are beginning to establish databases to store DNA profiles of crime scenes and known offenders. A brief overview is given of past and present DNA typing and the establishment of forensic DNA databases in Europe.

42 CFR 2.65 - Procedures and criteria for orders authorizing disclosure and use of records to criminally...

Code of Federal Regulations, 2010 CFR

2010-10-01

... OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Court Orders Authorizing Disclosure and Use § 2.65..., rape, kidnapping, armed robbery, assault with a deadly weapon, and child abuse and neglect. (2) There...

42 CFR 2.65 - Procedures and criteria for orders authorizing disclosure and use of records to criminally...

Code of Federal Regulations, 2012 CFR

2012-10-01

... OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Court Orders Authorizing Disclosure and Use § 2.65..., rape, kidnapping, armed robbery, assault with a deadly weapon, and child abuse and neglect. (2) There...

42 CFR 2.65 - Procedures and criteria for orders authorizing disclosure and use of records to criminally...

Code of Federal Regulations, 2014 CFR

2014-10-01

... OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Court Orders Authorizing Disclosure and Use § 2.65..., rape, kidnapping, armed robbery, assault with a deadly weapon, and child abuse and neglect. (2) There...

42 CFR 2.65 - Procedures and criteria for orders authorizing disclosure and use of records to criminally...

Code of Federal Regulations, 2011 CFR

2011-10-01

... OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Court Orders Authorizing Disclosure and Use § 2.65..., rape, kidnapping, armed robbery, assault with a deadly weapon, and child abuse and neglect. (2) There...

42 CFR 2.65 - Procedures and criteria for orders authorizing disclosure and use of records to criminally...

Code of Federal Regulations, 2013 CFR

2013-10-01

... OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS Court Orders Authorizing Disclosure and Use § 2.65..., rape, kidnapping, armed robbery, assault with a deadly weapon, and child abuse and neglect. (2) There...

Crime and madness at the opposite shores of the Adriatic: moral insanity in Italian and Croatian psychiatric discourses.

PubMed

D'Alessio, Vanni; Čeč, Filip; Karge, Heike

2017-12-01

In the 19th century, fervid debates arose in the young psychiatric science about how to deal with and to scientifically categorize human behaviour which was perceived as dangerous to society, and as criminal. There were two concepts that stood out in these transnationally held discussions; namely moral insanity and later on, psychopathy. Following recent approaches in the cultural and social history of psychiatry, we understand moral insanity and psychopathy as social constructs, which are determined by the evolution in psychiatric knowledge, and also by laws, codes and social norms of particular historical timeframes. Our task is to discuss the evolution and adoption of these concepts in two linguistically different, but still historically profoundly entangled regions, namely in Italian and Croatian psychiatric discourses at the turn from the 19th to the 20th century. Our analysis of two of the most important medical and psychiatric journals of the time shows that psychiatric debates on antisocial and criminal behaviour were in numerous ways entangled and shaped by the way the two societies scientifically, legally, and institutionally struggled over the question of how to detect and control the mentally incapacitated criminal offender.

32 CFR 635.29 - Domestic violence and protection orders.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Domestic violence and protection orders. 635.29 Section 635.29 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.29 Domestic violence and protection orders. (a)...

Criminal Prohibitions on the Publication of Classified Defense Information

DTIC Science & Technology

2013-06-24

appear to be on the rise, leaks of classified information to the press have relatively infrequently been punished as crimes , and we are aware of no case...U.S.C. §904. 73 18 U.S.C. §794(d). Proceeds go to the Crime Victims Fund. Criminal Prohibitions on the Publication of Classified Defense Information...order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital”83

45 CFR 681.22 - Are protective orders available?

Code of Federal Regulations, 2013 CFR

2013-10-01

... 45 Public Welfare 3 2013-10-01 2013-10-01 false Are protective orders available? 681.22 Section 681.22 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION... confidential research, development, commercial information, or facts pertaining to any criminal investigation...

45 CFR 681.22 - Are protective orders available?

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 3 2010-10-01 2010-10-01 false Are protective orders available? 681.22 Section 681.22 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION... confidential research, development, commercial information, or facts pertaining to any criminal investigation...

45 CFR 681.22 - Are protective orders available?

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 3 2014-10-01 2014-10-01 false Are protective orders available? 681.22 Section 681.22 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION... confidential research, development, commercial information, or facts pertaining to any criminal investigation...

45 CFR 681.22 - Are protective orders available?

Code of Federal Regulations, 2011 CFR

2011-10-01

... 45 Public Welfare 3 2011-10-01 2011-10-01 false Are protective orders available? 681.22 Section 681.22 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION... confidential research, development, commercial information, or facts pertaining to any criminal investigation...

45 CFR 681.22 - Are protective orders available?

Code of Federal Regulations, 2012 CFR

2012-10-01

... 45 Public Welfare 3 2012-10-01 2012-10-01 false Are protective orders available? 681.22 Section 681.22 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION... confidential research, development, commercial information, or facts pertaining to any criminal investigation...

The death of buddy diving?

PubMed

Cooper, P David

2011-12-01

Dear Editor, By focussing on the details of the Watson case, I believe Bryan Walpole has missed the thrust of my earlier letter. I agree this was a complex case, which is why I deliberately avoided the murky specifics in order to consider the 'big-picture' ramifications of the judgement. My concerns relate to the potential consequences of the unintended interplay between unrelated developments in the medical and legal arenas. Taken together, I believe these developments threaten the very institution of buddy diving. I have been unable to verify Dr Walpole's claim that the statute under which Mr Watson was convicted has not been used previously in a criminal trial. I must, however, refute his assertion that this legislation is some sort of idiosyncratic historical hangover or legal curiosity unique to Queensland. Although the original legislation pre-dates Australian federation, this statute has survived intact through 110 years of reviews and amendments to the Queensland Criminal Code. The application of this 19th century law to the Watson case now provides a direct, post-federation, 21st century relevance. Nor is Queensland alone in having such a statute on its books. Section 151 of the Criminal Code Act in Dr Walpole's home state of Tasmania states "When a person undertakes to do any act, the omission to do which is or may be dangerous to human life or health, it is his duty to do that act." Similar statutes can also be found in the legislation of other Australian states and as far afield as New Zealand and Canada. The phrasing of the relevant sections is, in many cases, almost identical to Queensland's, reflecting the common judicial heritage of these places. Even if this ruling's reach extended no further than the Queensland border its ramifications would be immense. Tourism statistics reveal that over 1.2 million visitors perform nearly 3.5 million dives/snorkels in Queensland each year. An estimated 93% of international divers visiting Australia stopover in Queensland and 40% of domestic recreational diving holidays occur there. This ruling, however, has implications potentially far beyond this single State. In the absence of local precedents, courts may examine precedents arising in other jurisdictions with which they share a common legal heritage. Rare cases may indeed make bad law but precedent is one of the cornerstones of our legal system. The medical profession, through the revised SPUMS guidelines on recreational diving medical examinations, has now made explicit the level of support expected from dive buddies (e.g., to diabetic divers). The legal profession, through the Watson judgement, has demonstrated the potential consequences of failure to perform an act that a diver has undertaken to perform towards their buddy. The halcyon days of casually agreeing to act as someone's buddy are now gone. Serious consideration should be given to the personal consequences of undertaking this role. The potential to face a custodial sentence for criminally negligent manslaughter if a diver fails in his/her duty-of-care increases the pressure to save their buddy at all costs - or die in the attempt.

Will the Supreme Court Strike Down the Laws Banning Assisted Suicide?

PubMed

2015-01-01

Assisted suicide is now legal in several jurisdictions outside Canada, including the Netherlands, Belgium, Switzerland, Oregon, Washington State and Vermont. In Canada, public support for the decriminalization of assisted suicide is increasing, although assisted suicide remains prohibited under Canada's Criminal Code. That may soon change and, as patients'advocates, nurses need to khow and understand their roles and current laws relevant to treatment and end-of-life care.

In Search of the Good War: Just War and Realpolitik in Our Time

DTIC Science & Technology

2012-10-01

1914, few formal treaties governed armed conflict. Early efforts included the American Lieber Code in 1863, the first Geneva Convention of 1864...making interstate war a rare phenomenon. The trials at Nuremberg and Tokyo following the war established the precedent that war crimes carried...consequences. Nuremberg seemed an ideal marriage of law and morality, and later treaties banned genocide and created the Inter- national Criminal Court

Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

ERIC Educational Resources Information Center

Mujuzi, Jamil Ddamulira

2009-01-01

The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

Competence to stand trial evaluations of sovereign citizens: a case series and primer of odd political and legal beliefs.

PubMed

Parker, George F

2014-01-01

Sovereign citizens hold a variety of beliefs that challenge the legitimacy of the United States government and criminal justice system. In criminal cases, sovereign citizens typically raise a variety of seemingly strange objections to the proceedings that can cause court participants to believe the defendant is not competent to stand trial. The author's case files were reviewed to identify all defendants who espoused sovereign citizen beliefs during a court-ordered competence-to-stand-trial evaluation. This case series consisted of nine evaluations completed between 2003 and 2012. A review of the outcomes in these cases showed that sovereign citizens typically have the capacity to understand criminal proceedings and assist an attorney. © 2014 American Academy of Psychiatry and the Law.

78 FR 58995 - Order Denying Export Privileges

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-25

... DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the...''). Specifically, Kazerani was convicted of knowingly and willfully exporting and causing the exportation of laptop..., a $10,000 criminal fine and an assessment of $100. Section 766.25 of the Export Administration...

Forensic intelligence applied to questioned document analysis: A model and its application against organized crime.

PubMed

De Alcaraz-Fossoul, Josep; Roberts, Katherine A

2017-07-01

The capability of forensic sciences to fight crime, especially against organized criminal groups, becomes relevant in the recent economic downturn and the war on terrorism. In view of these societal challenges, the methods of combating crime should experience critical changes in order to improve the effectiveness and efficiency of the current resources available. It is obvious that authorities have serious difficulties combating criminal groups of transnational nature. These are characterized as well structured organizations with international connections, abundant financial resources and comprised of members with significant and diverse expertise. One common practice among organized criminal groups is the use of forged documents that allow for the commission of illegal cross-border activities. Law enforcement can target these movements to identify counterfeits and establish links between these groups. Information on document falsification can become relevant to generate forensic intelligence and to design new strategies against criminal activities of this nature and magnitude. This article discusses a methodology for improving the development of forensic intelligence in the discipline of questioned document analysis. More specifically, it focuses on document forgeries and falsification types used by criminal groups. It also describes the structure of international criminal organizations that use document counterfeits as means to conduct unlawful activities. The model presented is partially based on practical applications of the system that have resulted in satisfactory outcomes in our laboratory. Copyright © 2017 The Chartered Society of Forensic Sciences. Published by Elsevier B.V. All rights reserved.

Prostitutes and criminals: beginnings of eugenics in Croatia in the works of Fran Gundrum from Oriovac (1856-1919).

PubMed

Kuhar, Martin; Fatović-Ferencić, Stella

2012-04-01

Fran Gundrum (1856-1919) was a Croatian physician, encyclopedist, and an advocate of medical enlightenment and healthy lifestyle. In order to identify and analyze Gundrum's ideas about the problems of prostitution and criminality, we studied all of his books, booklets, and articles published between 1905 and 1914. We showed that Gundrum's theories of heredity, morality, and sexual hygiene incorporated many of the important discussions of his time, especially those related to the Darwinian paradigm. Gundrum's project of collecting statistics on prostitutes was the first such study published on the territory of today's Croatia. Although he rejected the notions of born prostitutes and born criminals, defended by Italian criminal anthropologist Cesare Lombroso, he still regarded eugenics as a convenient method of dealing with the ills of society. He believed that criminals were degenerate individuals representing a violent threat to the society and that it was legitimate to use radical means, such as sterilization and deportation, to deal with this problem. Organicistic view of the society prevented him from seeing the individual rights as important as that of the society to protect itself. Nevertheless, this view led to many humanistic ideas, such as the binomial illness/poverty in case of prostitution, which influenced many prominent works of social medicine movement.

Prostitutes and criminals: beginnings of eugenics in Croatia in the works of Fran Gundrum from Oriovac (1856-1919)

PubMed Central

Kuhar, Martin; Fatović-Ferenčić, Stella

2012-01-01

Fran Gundrum (1856-1919) was a Croatian physician, encyclopedist, and an advocate of medical enlightenment and healthy lifestyle. In order to identify and analyze Gundrum’s ideas about the problems of prostitution and criminality, we studied all of his books, booklets, and articles published between 1905 and 1914. We showed that Gundrum’s theories of heredity, morality, and sexual hygiene incorporated many of the important discussions of his time, especially those related to the Darwinian paradigm. Gundrum’s project of collecting statistics on prostitutes was the first such study published on the territory of today's Croatia. Although he rejected the notions of born prostitutes and born criminals, defended by Italian criminal anthropologist Cesare Lombroso, he still regarded eugenics as a convenient method of dealing with the ills of society. He believed that criminals were degenerate individuals representing a violent threat to the society and that it was legitimate to use radical means, such as sterilization and deportation, to deal with this problem. Organicistic view of the society prevented him from seeing the individual rights as important as that of the society to protect itself. Nevertheless, this view led to many humanistic ideas, such as the binomial illness/poverty in case of prostitution, which influenced many prominent works of social medicine movement. PMID:22522997

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

Code of Federal Regulations, 2010 CFR

2010-07-01

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

Remembering a criminal conversation: beyond eyewitness testimony.

PubMed

Campos, Laura; Alonso-Quecuty, María L

2006-01-01

Unlike the important body of work on eyewitness memory, little research has been done on the accuracy and completeness of "earwitness" memory for conversations. The present research examined the effects of mode of presentation (audiovisual/ auditory-only) on witnesses' free recall for utterances in a criminal conversation at different retention intervals (immediate/delayed) within a single experiment. Different forms of correct recall (verbatim/gist) of the verbal information as well as different types of errors (distortions/fabrications) were also examined. It was predicted that participants in the audiovisual modality would provide more correct information, and fewer errors than participants in the auditory-only modality. Participants' recall was predicted to be impaired over time, dropping to a greater extent after a delay in the auditory-only modality. Results confirmed these hypotheses. Interpretations of the overall findings are offered within the context of dual-coding theory, and within the theoretical frameworks of source monitoring and fuzzy-trace theory.

Commentary: the importance of Medicaid expansion for criminal justice populations in the south.

PubMed

Zaller, Nickolas D; Cloud, David H; Brinkley-Rubinstein, Lauren; Martino, Sarah; Bouvier, Benjamin; Brockmann, Brad

2017-12-01

Though the full implications of a Trump presidency for ongoing health care and criminal justice reform efforts remain uncertain, whatever policy changes are made will be particularly salient for the South, which experiences the highest incarceration rates, highest uninsured rates, and worst health outcomes in the United States. The passage of the Affordable Care Act (ACA) in 2010 was a watershed event and many states have taken advantage of opportunities created by the ACA to expand healthcare coverage to their poorest residents, and to develop partnerships between health and justice systems. Yet to date, only four have taken advantage of the benefits of healthcare reform. Expanding Medicaid would provide Southern states with the opportunity to significantly impact health outcomes for criminal justice-involved individuals. In the context of an uncertain policy landscape, we suggest the use of three strategies, focusing on advancing incremental change while safeguarding existing gains, rebranding Medicaid as a local or statewide initiative, and linking Medicaid expansion to criminal justice reform, in order to implement Medicaid expansion across the South.

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

PubMed

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

2018-01-01

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

[Psychopathological and psychosocial aspects of military crimes].

PubMed

Woś, Jarosław; Florkowski, Antoni; Zboralski, Krzysztof

2013-03-01

Crimes in the military, as well as criminal behaviors in the civilian community are determined by multiple factors. However, in case of military crimes committed by soldiers on active duty, an important part of forensic psychiatric opinion, is to assess whether occurring mental disorder resulted in inability to perform military duties. was to investigate the psychopathological and psychosocial determinants of criminal behavior in soldiers who committed military crime. The study included 122 soldiers who committed military crime. Material for this study consisted of forensic psychiatric opinions formed on the order of military prosecutor and the military judicial authorities. The results indicate that military crimes are determined by multiple factors. In most cases, the criminal behavior was associated with personality disorder (70%), alcohol problems (43%) and psychoactive substance use (30%). Psychosocial factors analysis revealed more frequent behavioral problems during childhood and adolescence (51%), history of parental alcohol problem (31%) and previous criminal record (29%). Forensic psychiatric examinations revealed that military crimes are more frequent in soldiers on compulsory military service, and in those with personality disorder or/and alcohol problems.

To amend chapter 40 of title 18, United States Code, to exempt the transportation, shipment, receipt, or importation of explosive materials for delivery to a federally recognized Indian tribe or an agency of such a tribe from various Federal criminal prohibitions relating to explosives.

THOMAS, 111th Congress

Rep. Grijalva, Raul M. [D-AZ-7

2009-03-05

Senate - 10/01/2009 Received in the Senate and Read twice and referred to the Committee on the Judiciary. (All Actions) Tracker: This bill has the status Passed HouseHere are the steps for Status of Legislation:

28 CFR 0.13 - Legal proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and proceedings... attorneys to conduct grand jury proceedings. [Order No. 725-77, 42 FR 26205, May 23, 1977] ...

Legal aspects of counteracting the trafficking of falsified medicines in the european union.

PubMed

Pashkov, Vitalii; Soloviov, Aleksey; Olefir, Andrii

The paper identifies key risks associated with the illegal production and sale of medicines. Also there were generalized features of criminal responsibility for acts related to the trafficking of drugs in some Member States of the EU and analyzed legal means of combating the falsified drugs today. The problem concerning falsification of medicines is particularly acute not only in developing countries but also in developed ones. Fake is one in ten - twenty drug. The largest share of falsified drugs comes from the so-called «Asian tigers», already from which they come to the EU market. In this publication authors have set following objectives: - to determine the risks associated with illegal production and sale of medicines; - organize legal means of combating the falsified medicines in the EU member states; - clarify features of criminal responsibility for acts related to the trafficking of drugs in the EU countries. The article bases on the works of scholars and experts, statistical information and other sources. Particular attention is paid to the analysis of regulations of the EU institutions and national criminal laws. So, provisions of the criminal codes of 10 EU member states were taken into account. There is a system of legal measures which counter the circulation of falsified medicines in the EU and consists of general and specific regulatory requirements, mainly of economic and legal nature. The most important role among the last play package labeling requirements for drugs and license conditions. In the article were discussed factors that stimulate the production and sale of falsified drugs and the risks associated with these. Demarcated the concept of «falsified medicinal product», «counterfeit drug», «substandard drug». Although there are guidelines for patients to identify falsified drugs, still a major role in this process should play public authorities and enterprises. In all the countries illegal circulation of falsified drugs is prohibited under threat of criminal or administrative responsibility.

Mens Rea and Methamphetamine: High Time for a Modern Doctrine Acknowledging the Neuroscience of Addiction.

PubMed

Cusick, Meredith

2017-04-01

In American criminal law, actus non facit reum, nisi mens sit rea, "an act does not make one guilty, without a guilty mind." Both actus reus and mens rea are required to justify criminal liability. The Model Penal Code's (MPC) section on culpability has been especially influential on mens rea analysis. An issue of increasing importance in this realm arises when an offensive act is committed while the actor is under the influence of drugs. Several legal doctrines address the effect of intoxication on mental state, including the MPC, limiting or eliminating its relevance to the mens rea analysis. Yet these doctrines do not differentiate between intoxication and addiction. Neuroscience research reveals that drug addiction results in catastrophic damage to the brain resulting in cognitive and behavioral deficits. Methamphetamine addiction is of particular interest to criminal law because it causes extensive neural destruction and is associated with impulsive behavior, violent crime, and psychosis. Furthermore, research has revealed important distinctions between the effects of acute intoxication and addiction. These findings have implications for the broader doctrine of mens rea and, specifically, the intoxication doctrines. This Note argues for the adoption of an addiction doctrine that acknowledges the effect of addiction on mens rea that is distinct from doctrines of intoxication.

["Are measures infinite or do they have an expiry date?" - interlocution and challenges between Law and Psychology in the juridical context].

PubMed

Silva, Erica Quinaglia; Brandi, Caroline Quinaglia Araújo Costa Silva

2014-09-01

The Psychosocial Section of the Criminal Executions Court of the Federal District Court of Justice assists people who are under civil commitment, namely a legal sentence that labels them as sick people and criminals. In the juridical context, there are two options facing them: outpatient treatment or internment in a secure hospital facility and psychiatric treatment. In these options, requirements, such as tests to verify the cessation of danger, duration of imprisonment and existence of a relative who can shelter them, are examined to permit a favorable judicial decision of conditional release leading to removal from the sphere of justice. This is a third possible path. Through the analysis of an emblematic case, this article seeks to examine the sentence imposed on these people. The intention is, therefore, to give voice to the unimputable and/or the semi-imputable, people who are considered wholly or partially unable to respond to the illicit nature of the act they have committed, according to the Brazilian Criminal Code. The interlocution and the challenges between law and psychology in the juridical context emerge as a possibility by them of building another discourse, a line of thought that seeks the acquisition of autonomy and responsibility.

[Assessment of criminal responsibility in paraphilic disorder. Can the severity of the disorder be assessed with items of standardized prognostic instruments?].

PubMed

Briken, P; Müller, J L

2014-03-01

Assessment of the severity of paraphilic disorders is an important aspect of psychiatric court reports for assessing criminal responsibility and placement in a forensic psychiatric hospital according to the German penal code (§§ 20, 21, 63 StGB). The minimum requirements for appraisal of criminal responsibility published by an interdisciplinary working group under the guidance of the German Federal Court of Justice define the standards for this procedure. This paper presents a research concept that aims to assess the severity of paraphilic disorders by using items of standardized prognostic instruments. In addition to a formal diagnosis according to the international classification of diseases (ICD) and the diagnostic and statistical manual of mental diseases (DSM) criteria, the items "deviant sexual interests" and "sexual preoccupations" from the prognosis instrument Stable 2007 are used to assess the severity of paraphilic disorders. Other criteria, such as "relationship deficits" are used to support the appraisal of the severity of the disorder. The items "sexual preoccupation", "emotional collapse" and "collapse of social support" from the prognosis instrument Acute 2007 are used to assess the capacity for self-control. In a next step the validity and reliability of this concept will be tested.

Criminal Justice Reinvestment Act of 2010

THOMAS, 111th Congress

Sen. Whitehouse, Sheldon [D-RI

2009-11-16

Senate - 03/22/2010 Placed on Senate Legislative Calendar under General Orders. Calendar No. 328. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Mental diseases and criminal offences committed by persons placed at the Forensic Department of the Penitentiary in Zenica, Federation of Bosnia and Herzegovina.

PubMed

Bjelošević, Edin; Krehmić, Adisa; Hadžikapetanović, Halima; Čoralić, Sanel; Bjelošević, Sonja

2017-08-01

Aim To investigate an impact of various biological, psychological and social factors on perpetration of criminal offences by persons with mental disorders and to examine legal requirements for placement of persons with mental disorders, who committed criminal offences. Methods This retrospective, descriptive study based on the analysis of data collected from records of the Zenica Penitentiary, Forensic Department (age, qualifications, employment status, marital status, mental disorders, information related to earlier treatments, type of committed criminal offense, duration of the security measure of mandatory psychiatric treatment and custody) included 154 examinees. Results The study included 154 male examinees. An average age of the examinees was 34 years. An average duration spent at the Forensic Department was 3 years, murder was committed by 68 (44.15%) examinees, and 34 (22.07%) examinees committed attempted murder. Eighty-five (55. 19 %) examinees suffered from schizophrenia, 30 (19.48%) had delusional disorder, and 19 (12.33%) had mental retardation. Conclusion The highest number of committed crimes was in correlation with schizophrenia, (the highest number of examinees suffered from schizophrenia). It is necessary to work on the establishment of a forensic hospital in the territory of the Federation of Bosnia and Herzegovina in order to create good conditions for rehabilitation of patients with mental disorders who committed criminal offences. Copyright© by the Medical Assotiation of Zenica-Doboj Canton.

The Standardized Assessment of Personality-Abbreviated Scale as a screening instrument for personality disorders in substance-dependent criminal offenders.

PubMed

Jansen, Brigitte P M; Damen, Katinka F M; Hoffman, Tonko O; Vellema, Sietske L

2013-05-01

Personality disorders (PDs) are considered to be potential predictors of treatment outcome in substance-dependent patients and potential treatment matching variables. There is a need for a brief and simple screening instrument for PDs that can be used in routine psychological assessment, especially in a treatment setting for previously substance-dependent criminal offenders, where a high prevalence of PDs is expected. This study investigated the psychometric properties of the Standardized Assessment of Personality-Abbreviated Scale (SAPAS), a commonly used screening interview for PDs, in a population of inpatient criminal offenders with a history of substance dependence. Various statistical procedures were used to establish reliability and validity measures, such as Kuder-Richardson 20, confirmative factor analysis, receiver operating characteristic analysis and multitrait multimethod matrix. The SAPAS was administered to 101 inpatient criminal offenders with a history of substance dependence at baseline. Within three weeks, participants were administered the Structured Interview for DSM-IV Personality in order to assess the presence of PDs. Results show limited evidence to make firm conclusions on the psychometric qualities of the SAPAS as a screening instrument for comorbid PDs in a substance dependence treatment setting for criminal offenders. Suggestions for improvement concerning the psychometric qualities of the SAPAS as a screening instrument for this population are noted. Copyright © 2012 John Wiley & Sons, Ltd.

The relationship of antisocial personality disorder and history of conduct disorder with crime incidence in schizophrenia

PubMed Central

Maghsoodloo, Safa; Ghodousi, Arash; Karimzadeh, Taghi

2012-01-01

Background: Commission of crime and hostility and their forensic consequences in a patient with schizophrenia can worsen the patient's condition and disturb his family, society, and even the psychiatrist. Based on previous research, patients with schizophrenia are at a higher risk for crime. It is not clear whether this is due to the nature of schizophrenia, comorbidity of antisocial personality disorder, or the history of conduct disorder in childhood. In this study, we investigated this hypothesis. Materials and Methods: In this case-control study, 30 criminal and 30 non-criminal patients with schizophrenia, who had been referred by the court to the Forensic Medicine Center of Isfahan, were evaluated for antisocial personality disorder, history of conduct disorder, and psychopathy checklist-revise (PCL-R) score. Results: Frequency distribution of antisocial personality disorder (73.3%), history of conduct disorder in childhood (86.7%), and score of PCL-R ≥25 (indicating high probability of hostility) in patients (40%) were significantly higher in criminal patients than in non-criminals (10%, 30% and 0%, respectively; P < 0.001). Conclusions: More prevalence of antisocial personality disorder, history of conduct disorder, and high score of PCL-R (≥25) in criminal schizophrenic patients may indicate that in order to control the hostility and for prevention of crime, besides treating acute symptoms of psychosis, patients might receive treatment and rehabilitation for comorbidities too. PMID:23626636

The relationship of antisocial personality disorder and history of conduct disorder with crime incidence in schizophrenia.

PubMed

Maghsoodloo, Safa; Ghodousi, Arash; Karimzadeh, Taghi

2012-06-01

Commission of crime and hostility and their forensic consequences in a patient with schizophrenia can worsen the patient's condition and disturb his family, society, and even the psychiatrist. Based on previous research, patients with schizophrenia are at a higher risk for crime. It is not clear whether this is due to the nature of schizophrenia, comorbidity of antisocial personality disorder, or the history of conduct disorder in childhood. In this study, we investigated this hypothesis. In this case-control study, 30 criminal and 30 non-criminal patients with schizophrenia, who had been referred by the court to the Forensic Medicine Center of Isfahan, were evaluated for antisocial personality disorder, history of conduct disorder, and psychopathy checklist-revise (PCL-R) score. Frequency distribution of antisocial personality disorder (73.3%), history of conduct disorder in childhood (86.7%), and score of PCL-R ≥25 (indicating high probability of hostility) in patients (40%) were significantly higher in criminal patients than in non-criminals (10%, 30% and 0%, respectively; P < 0.001). More prevalence of antisocial personality disorder, history of conduct disorder, and high score of PCL-R (≥25) in criminal schizophrenic patients may indicate that in order to control the hostility and for prevention of crime, besides treating acute symptoms of psychosis, patients might receive treatment and rehabilitation for comorbidities too.

Sexual Abuse of Indian Children. Hearing before the Subcommittee on Criminal Justice of the Committee on the Judiciary. House of Representatives, Ninety-Ninth Congress, Second Session on H.R. 3826. (January 30, 1986).

ERIC Educational Resources Information Center

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

This transcript presents testimony and prepared statements regarding H.R. 3826, which proposes to amend Title 18 of the United States Code to make felonious sexual molestation of a minor an offense within American Indian country. Representative Rick Boucher, author of the legislation, indicated that, while the bill would extend to Indians the same…

Mitigate Soft Target’s Vulnerability and Prevent Crime Through Biometrics

DTIC Science & Technology

2013-12-01

distribution is unlimited 12b. DISTRIBUTION CODE A 13. ABSTRACT (maximum 200 words ) Identifying a known criminal or terrorist, and providing...these questions. xiv ACKNOWLEDGMENTS “As we express our gratitude, we must never forget that the highest appreciation is not to utter words but to...live them.” —John Fitzgerald Kennedy There are so many people that words cannot express the gratitude I have for the role they have played in

Impact of a Participatory Cyber Crime Prevention Programme on Secondary School Students' Attainment in Crime Prevention Concepts in Civic Education and Social Studies

ERIC Educational Resources Information Center

Amosun, Peter Adewale; Ige, Olugbenga Adedayo; Choo, Kim-Kwang Raymond

2015-01-01

Nigeria is considered by many to be a cyber crime hot spot, and is often ranked among the world's top cyber crime committing countries (e.g. advanced fee fraud is also known as Nigerian scams and 419 scams--419 is a section under the Nigerian Criminal Code Act that prohibits obtaining goods by false pretences). We designed a cyber crime prevention…

National Criminal Justice Commission Act of 2010

THOMAS, 111th Congress

Sen. Webb, Jim [D-VA

2009-03-26

Senate - 05/06/2010 Placed on Senate Legislative Calendar under General Orders. Calendar No. 369. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

49 CFR 219.13 - Preemptive effect.

Code of Federal Regulations, 2010 CFR

2010-10-01

... law, rule, regulation, order or standard covering the same subject matter, except a provision directed... provisions of State criminal law that impose sanctions for reckless conduct that leads to actual loss of life...

Rethinking the Bloody Code in Eighteenth-Century Britain: Capital Punishment at the Centre and on the Periphery

PubMed Central

King, Peter; Ward, Richard

2018-01-01

During the long eighteenth century the capital code, and more specifically the so-called ‘Bloody Code’ which subjected a vast and increasing range of property crimes to the death penalty, was the centre of much popular attention and of extensive debate. The impact of the Bloody Code has also attracted much attention from historians, some of whom have argued that it played a vital role both within the criminal law and in eighteenth-century social relations more generally. However, the geography of the Bloody Code and the possibility that there were major regional differences both in the use of hanging, and in attitudes to it, has been largely ignored by historians. By systematically exploring the spatial dimensions of capital punishment in eighteenth-century Britain, this article demonstrates the refusal of many areas on the periphery to implement the Bloody Code. The reluctance in the far western and northern periphery of Britain to execute property offenders, it is argued, requires us to rethink some of our core assumptions about the key role historians have given to the Bloody Code in maintaining the hegemony of the elite, about the process by which the capital code came to be reformed, and about the reach of the state in the long eighteenth century. PMID:29780182

Managing Arson Through Criminal History (MATCH) Act of 2010

THOMAS, 111th Congress

Sen. Feinstein, Dianne [D-CA

2009-09-17

Senate - 07/22/2010 Placed on Senate Legislative Calendar under General Orders. Calendar No. 481. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Psychiatric monitoring of not guilty by reason of insanity outpatients.

PubMed

Almeida, Fernando; Moreira, Diana; Moura, Helena; Mota, Victor

2016-02-01

Individuals deemed Not Guilty by Reason of Insanity (NGRI) by the courts, under Article 20 of the Portuguese Criminal Code, have often committed very serious crimes. It is unreasonable to consider that these patients were usually kept without adequate supervision after the security measure had been declared extinct. They often decompensated after leaving the institution where they complied with the security measure, and/or relapsed to alcohol and drug abuse. Very often, severe repeated crime erupted again. Considering this, there was an urgent need to keep a follow-up assessment of these patients in order to prevent them from relapsing in crime. This work presents the results of a psychiatric follow-up project with NGRI outpatients. The main goals of the project were: ensuring follow-up and appropriate therapeutic responses for these patients, maintaining all individuals in a care network, and preventing them from decompensating. The team consisted of a psychiatrist, a nurse, and a psychologist. Seventy-two patients were monitored during two years. Results demonstrated the unequivocal need to follow up decompensated patients after the court order is extinguished. Suggestions are presented for a better framing and psychiatric follow-up of these patients. Copyright © 2015 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

An ethical framework for assessments of criminal responsibility: applying Susan Wolf's account of sanity to forensic psychiatry.

PubMed

Meynen, Gerben

2012-01-01

Within the context of an ethical theory of responsibility, Susan Wolf has argued that people can only be considered fully responsible for their actions when they are sane. In this paper I explore the possibility of applying her ethical account of sanity and responsibility to forensic assessments of criminal responsibility. I argue that after some substantial revisions her account can be helpful in order to arrive at an ethics-based conceptual framework for forensic psychiatric assessments within the context of an insanity defense. Copyright © 2012 Elsevier Ltd. All rights reserved.

15 CFR 904.311 - Compliance.

Code of Federal Regulations, 2014 CFR

2014-01-01

... criminal fine or civil penalty in full or agrees to terms satisfactory to NOAA for payment: (a) The suspension will not take effect; (b) Any permit suspended under § 904.310 will be reinstated by order of NOAA...

15 CFR 904.311 - Compliance.

Code of Federal Regulations, 2013 CFR

2013-01-01

... criminal fine or civil penalty in full or agrees to terms satisfactory to NOAA for payment: (a) The suspension will not take effect; (b) Any permit suspended under § 904.310 will be reinstated by order of NOAA...

15 CFR 904.311 - Compliance.

Code of Federal Regulations, 2012 CFR

2012-01-01

... criminal fine or civil penalty in full or agrees to terms satisfactory to NOAA for payment: (a) The suspension will not take effect; (b) Any permit suspended under § 904.310 will be reinstated by order of NOAA...

National Criminal Justice Commission Act of 2010

THOMAS, 111th Congress

Rep. Delahunt, Bill [D-MA-10

2010-04-27

Senate - 08/05/2010 Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 514. (All Actions) Tracker: This bill has the status Passed HouseHere are the steps for Status of Legislation:

Disarm Criminals and Protect Communities Act

THOMAS, 113th Congress

Sen. Cruz, Ted [R-TX

2013-04-15

Senate - 04/16/2013 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 39. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

22 CFR 40.22 - Multiple criminal convictions.

Code of Federal Regulations, 2010 CFR

2010-04-01

... years, and who has also been convicted of at least one other such offense or any other offense committed... by the United States Ambassador to the Federal Republic of Germany acting pursuant to Executive Order...

Violence In Honduras: An Analysis of the Failure in Public Security and the States Response to Criminality

DTIC Science & Technology

2014-06-01

cocaine trafficking from the Caribbean to Central America and decline of the major Colombian TCOs and the rise of Mexican TCOs, and the weak internal...34 Alison Siskin, “Immigration-Related Detention Current Legislative Issues” (CRS Report for Congress, January 12, 2012), 12. 11 2009... legislative action with the passage of the reform of article 332 of the penal code, known as Ley Antimaras. Under this anti-gang law, membership in

The Use of Contempt to Enforce Child-Support Orders in North Carolina. Special Series No. 1.

ERIC Educational Resources Information Center

Ennis, Trudy Allen; Mason, Janet

In North Carolina the most common procedure for enforcing civil orders for the payment of child support is a contempt proceeding. The distinctions between civil and criminal contempt include different purposes of the contempt proceedings, different procedures that must be followed, and different consequences of a finding of contempt. Criminal…

7 CFR 1962.49 - Civil and criminal cases.

Code of Federal Regulations, 2011 CFR

2011-01-01

... may assign any qualified FmHA or its successor agency under Public Law 103-354 employee to help a... case, the debtor will be advised to make payment by check or money order payable to the Treasurer of... forwarded in the form received except that cash will be converted into money orders made payable to the...

7 CFR 1962.49 - Civil and criminal cases.

Code of Federal Regulations, 2013 CFR

2013-01-01

... may assign any qualified FmHA or its successor agency under Public Law 103-354 employee to help a... case, the debtor will be advised to make payment by check or money order payable to the Treasurer of... forwarded in the form received except that cash will be converted into money orders made payable to the...

7 CFR 1962.49 - Civil and criminal cases.

Code of Federal Regulations, 2014 CFR

2014-01-01

... may assign any qualified FmHA or its successor agency under Public Law 103-354 employee to help a... case, the debtor will be advised to make payment by check or money order payable to the Treasurer of... forwarded in the form received except that cash will be converted into money orders made payable to the...

Mental health care in prisons and the issue of forensic hospitals in Italy.

PubMed

Peloso, Paolo Francesco; D'Alema, Marco; Fioritti, Angelo

2014-06-01

Mental health (MH) care for Italian prisoners and offenders with mental illness is a paradoxical issue. Theory and practice remained unchanged throughout the 20th century, despite radical changes to general psychiatric care. Until recently, Italy had one of the most advanced National Health Service (NHS)-run community psychiatry care systems and a totally obsolete system of forensic psychiatry managed by criminal justice institutions. Not until 2008, after substantial pressure by public opinion and International Human Rights bodies, did the government approve a major reform transferring health care in prisons and forensic hospitals to the NHS. Forensic hospitals were to be progressively closed, and specialized small-scale facilities were to be developed for discharged offenders with mental illness, along with diversion schemes to ordinary community care. Despite some important achievements, three major problem areas remain: this reform happened without changes to the Criminal Code; regions differ in organization and resources for ordinary psychiatric services; and legal/criminological expertise among NHS MH professionals is limited.

77 FR 19957 - OPSAIL 2012 Virginia, Port of Hampton Roads, VA

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-03

... penalties up to $40,000 or face criminal prosecution. We recommend that vessel operators visiting the Port... regulations are designed to ensure such transit is conducted in a safe and orderly fashion. Small Entities...

50 CFR 21.31 - Rehabilitation permits.

Code of Federal Regulations, 2012 CFR

2012-10-01

... authorization, if one is required in your State; and (3) A check or money order made payable to the “U.S. Fish... reason to believe a bird has been poisoned, electrocuted, shot, or otherwise subjected to criminal...

50 CFR 21.31 - Rehabilitation permits.

Code of Federal Regulations, 2014 CFR

2014-10-01

... authorization, if one is required in your State; and (3) A check or money order made payable to the “U.S. Fish... reason to believe a bird has been poisoned, electrocuted, shot, or otherwise subjected to criminal...

Beyond Ability to Pay: Procedural Justice and Offender Compliance With Restitution Orders.

PubMed

Gladfelter, Andrew S; Lantz, Brendan; Ruback, R Barry

2018-03-01

Restitution to victims is rarely paid in full. One reason for low rates of payments is that offenders lack financial resources. Beyond ability to pay, however, we argue that fair treatment has implications for offender behavior. This study, a survey of probationers who owed restitution, investigated the links between (a) ability to pay, (b) beliefs about restitution and the criminal justice system, and (c) restitution payment, both the amount paid and number of payments. Results indicate that perceived fair treatment by probation staff-those most directly involved with the collection of restitution payments-was significantly associated with greater payment, net of past payment behavior, intention to pay, and ability to pay. Because restitution has potentially rehabilitative aspects if offenders pay more of the court-ordered amount and if they make regular monthly payments, how fairly probation staff treat probationers has implications for both victims and for the criminal justice system.

[Medico-legal autopsy--selected legal issues: the autopsy protocol].

PubMed

Gaszczyk-Ozarowski, Zbigniew; Chowaniec, Czesław

2010-01-01

The majority of experts in the field of forensic medicine maintain that the minutes of the medicolegal autopsy should be taken by the forensic pathologist. The authors argue that it is the public prosecutor who is obliged to draw up the minutes, whereas the forensic pathologist issues the expert opinion. To support their stance, the authors make frequent references to several provisions of the Criminal Procedure Code of 1997. The authors also imply that due to organizational reasons and the ratio legis of the aforementioned code, the forensic pathologist should not be assigned the role of the minutes-taker, despite the lack of a specific exclusion rule governing such a case. Possible consequences caused by the lack of the properly drawn up minutes are briefly discussed as well.

Disarming Batterers through Restraining Orders: The Promise and the Reality in California

ERIC Educational Resources Information Center

Seave, Paul L.

2006-01-01

Laws that prohibit persons under a domestic violence restraining order from purchasing or possessing a firearm are a primary way to keep guns out of the hands of batterers. In July 2005, the California Attorney General's Task Force on the Local Criminal Justice Response to Domestic Violence issued a report called Keeping the Promise: Victim Safety…

What the Rule of Law Should Mean in Civics Education: From the "Following Orders" Defence to the Classroom

ERIC Educational Resources Information Center

Minow, Martha

2006-01-01

Sixty years after the International Military Tribunal opened in Nuremberg to try "major war criminals", how should soldiers learn not to follow clearly illegal or unconscionable orders? Following the Charter of the International Military Tribunal, judges during the Nuremberg Trials rejected defendants' efforts to avoid punishment on the basis of…

Forensic mental health assessment in France: recommendations for quality improvement.

PubMed

Combalbert, Nicolas; Andronikof, Anne; Armand, Marine; Robin, Cécile; Bazex, Hélène

2014-01-01

The quality of forensic mental health assessment has been a growing concern in various countries on both sides of the Atlantic, but the legal systems are not always comparable and some aspects of forensic assessment are specific to a given country. This paper describes the legal context of forensic psychological assessment in France (i.e. pre-trial investigation phase entrusted to a judge, with mental health assessment performed by preselected professionals called "experts" in French), its advantages and its pitfalls. Forensic psychiatric or psychological assessment is often an essential and decisive element in criminal cases, but since a judiciary scandal which was made public in 2005 (the Outreau case) there has been increasing criticism from the public and the legal profession regarding the reliability of clinical conclusions. Several academic studies and a parliamentary report have highlighted various faulty aspects in both the judiciary process and the mental health assessments. The heterogeneity of expert practices in France appears to be mainly related to a lack of consensus on several core notions such as mental health diagnosis or assessment methods, poor working conditions, lack of specialized training, and insufficient familiarity with the Code of Ethics. In this article we describe and analyze the French practice of forensic psychologists and psychiatrists in criminal cases and propose steps that could be taken to improve its quality, such as setting up specialized training courses, enforcing the Code of Ethics for psychologists, and calling for consensus on diagnostic and assessment methods. Copyright © 2014 Elsevier Ltd. All rights reserved.

Republic Act No. 6725, 12 May 1989.

PubMed

1989-01-01

This Philippines Act is designed to strengthen the prohibition on discrimination against women with respect to the terms and conditions of employment. It amends Article 135 of the Labor Code to read as follows: "Art. 135. Discrimination prohibited. It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on the grounds of sex. The following are acts of discrimination: (a) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employee as against a male employee, for work of equal value; and (b) Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes. Criminal liability for the willful commission of any unlawful act as provided in this article or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code: provided, that the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other. SEC. 2. The Secretary of Labor and Employment is hereby authorized to promulgate the necessary guidelines to implement this Article in accordance with the generally accepted practices and standards here and abroad."

[Changing Forensic Mental Health in France: A Review].

PubMed

Nakatani, Yoji; Hasuzawa, Suguru

2015-01-01

This article describes the background and recent changes in French forensic mental health. The literature suggests that three law reforms have been crucial to changes in the mental health system. First, the Penal Code of 1992 redefined the provisions of criminal responsibility and introduced the category of diminished responsibility. Second, a controversial law for preventive detention (rétention de sûretê) was enacted in 2008, according to which criminals with severe personality disorders are subject to incarceration even after the completion of their prison sentences if they are still considered to pose a danger to the public. Third, the revision of mental health laws in 2011 altered the forms of involuntary psychiatric treatments, stipulating a judge's authority to decide treatment. In parallel with these legal reforms, the psychiatric treatment system for offenders with mental disorders has been reconstructed. The number of difficult patient units (unités pour malades difficiles) has increased from four to ten across the nation in order to meet the needs of patients transferred from general psychiatric institutions for the reason of being unmanageable. In the penitentiary system, new facilities have been established to cope with the growing number of inmates with mental disorders. As background to these changes, it is pointed out that the current psychiatric system has undergone deinstitutionalization and become less tolerant of aggressive behavior in patients. In the broader context, public sensitivity towards severe crime, as shown by the sensation triggered by serious crimes conducted by pedophiles, seems to urge tough policies. In the 2000 s, several homicides committed by psychiatric patients had a great impact on the public, which led President Sarkozy to issue a statement calling for stronger security in psychiatric institutions. The harsh attitude of courts towards psychiatric practices is illustrated by a 2012 ruling; after a patient escaped from the hospital and hacked an elderly man to death, his psychiatrist was sentenced to a one-year suspended prison sentence for failing to recognize the danger that the patient posed to the public. Another lawsuit was raised against a psychiatrist following this case. Apparently, a sense of crisis is growing among psychiatric professionals. Their concerns are based on several points. Introduction of diminished responsibility may narrow the possibility of acquittal by reason of insanity, and lead to the criminalization of those with mental disorders. Dangerousness (dangerosité), pivotal in the procedure of preventive detention, is not a medical concept, but is instead based on the erroneous identification of criminality and mental disorders. Therefore, it is unreasonable to entrust the evaluation of dangerousness to psychiatric expertise. Court intervention in the process of deciding appropriate treatment may intensify judicialization (judiciarisation) of psychiatry. Establishment of facilities for prisoners within the mental health system would create a new segregating function of psychiatry. Thus, French experience seems to be figuring out all the challenges that contemporary metal health is facing. Above all, effective measures should be taken to prevent patients from entering the criminal justice system. Following this recommendation would be helpful in Japan, where a new forensic mental health system has just started.

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

Criminalization, legalization or decriminalization of sex work: what female sex workers say in San Francisco, USA.

PubMed

Lutnick, Alexandra; Cohan, Deborah

2009-11-01

Sex work is a criminal offence in San Francisco, USA, and sex work advocates have so far unsuccessfully campaigned for decriminalizing it. Some groups argue that the decriminalization movement does not represent the voices of marginalized sex workers. Using qualitative and quantitative data from the Sex Worker Environmental Assessment Team Study, we investigated the perspectives and experiences of a range of female sex workers regarding the legal status of sex work and the impact of criminal law on their work experiences. Forty women were enrolled in the qualitative phase in 2004 and 247 women in the quantitative phase in 2006-07. Overall, the women in this study seemed to prefer a hybrid of legalization and decriminalization. The majority voiced a preference for removing statutes that criminalize sex work in order to facilitate a social and political environment where they had legal rights and could seek help when they were victims of violence. Advocacy groups need to explore the compromises sex workers are willing to make to ensure safe working conditions and the same legal protections afforded to other workers, and with those who are most marginalized to better understand their immediate needs and how these can be met through decriminalization.

A double-edged sword: Benefits and pitfalls of heterogeneous punishment in evolutionary inspection games

PubMed Central

Perc, Matjaž; Szolnoki, Attila

2015-01-01

As a simple model for criminal behavior, the traditional two-strategy inspection game yields counterintuitive results that fail to describe empirical data. The latter shows that crime is often recurrent, and that crime rates do not respond linearly to mitigation attempts. A more apt model entails ordinary people who neither commit nor sanction crime as the third strategy besides the criminals and punishers. Since ordinary people free-ride on the sanctioning efforts of punishers, they may introduce cyclic dominance that enables the coexistence of all three competing strategies. In this setup ordinary individuals become the biggest impediment to crime abatement. We therefore also consider heterogeneous punisher strategies, which seek to reduce their investment into fighting crime in order to attain a more competitive payoff. We show that this diversity of punishment leads to an explosion of complexity in the system, where the benefits and pitfalls of criminal behavior are revealed in the most unexpected ways. Due to the raise and fall of different alliances no less than six consecutive phase transitions occur in dependence on solely the temptation to succumb to criminal behavior, leading the population from ordinary people-dominated across punisher-dominated to crime-dominated phases, yet always failing to abolish crime completely. PMID:26046673

Beyond the cold hit: measuring the impact of the national DNA data bank on public safety at the city and county level.

PubMed

Gabriel, Matthew; Boland, Cherisse; Holt, Cydne

2010-01-01

Over the past decade, the Combined DNA Index System (CODIS) has increased solvability of violent crimes by linking evidence DNA profiles to known offenders. At present, an in-depth analysis of the United States National DNA Data Bank effort has not assessed the success of this national public safety endeavor. Critics of this effort often focus on laboratory and police investigators unable to provide timely investigative support as a root cause(s) of CODIS' failure to increase public safety. By studying a group of nearly 200 DNA cold hits obtained in SFPD criminal investigations from 2001-2006, three key performance metrics (Significance of Cold Hits, Case Progression & Judicial Resolution, and Potential Reduction of Future Criminal Activity) provide a proper context in which to define the impact of CODIS at the City and County level. Further, the analysis of a recidivist group of cold hit offenders and their past interaction with law enforcement established five noteworthy criminal case resolution trends; these trends signify challenges to CODIS in achieving meaningful case resolutions. CODIS' effectiveness and critical activities to support case resolutions are the responsibility of all criminal justice partners in order to achieve long-lasting public safety within the United States.

A double-edged sword: Benefits and pitfalls of heterogeneous punishment in evolutionary inspection games.

PubMed

Perc, Matjaž; Szolnoki, Attila

2015-06-05

As a simple model for criminal behavior, the traditional two-strategy inspection game yields counterintuitive results that fail to describe empirical data. The latter shows that crime is often recurrent, and that crime rates do not respond linearly to mitigation attempts. A more apt model entails ordinary people who neither commit nor sanction crime as the third strategy besides the criminals and punishers. Since ordinary people free-ride on the sanctioning efforts of punishers, they may introduce cyclic dominance that enables the coexistence of all three competing strategies. In this setup ordinary individuals become the biggest impediment to crime abatement. We therefore also consider heterogeneous punisher strategies, which seek to reduce their investment into fighting crime in order to attain a more competitive payoff. We show that this diversity of punishment leads to an explosion of complexity in the system, where the benefits and pitfalls of criminal behavior are revealed in the most unexpected ways. Due to the raise and fall of different alliances no less than six consecutive phase transitions occur in dependence on solely the temptation to succumb to criminal behavior, leading the population from ordinary people-dominated across punisher-dominated to crime-dominated phases, yet always failing to abolish crime completely.

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.

Romania's drug policy from 2005 to 2012: experiences with implementation.

PubMed

Dégi, Csaba László

2014-05-01

Even with the relatively high rate of illicit drug use in Romania, drug prevention remains a relatively low political and professional priority. Policies focus primarily on the criminalization of drug use rather than on prevention and treatment. By studying official Romanian drug policies and legislative documents, as well as national and European reports on the state of the ''drug problem,'' this article focuses on the impact of policy on drug use, treatment, and prevention, with an emphasis on the criminalization of drug use and the resultant trends and practical impacts. The reported lifetime use of illicit drugs has been rising slowly but steadily over the last few years. Contraction of communicable diseases among intravenous drug users is also trending upwards. And with the emphasis on criminalization of drug use and the accompanying marginalization of users, drug-law-related offences are also likely to increase. Unmet needs in drug prevention, a declining tendency to seek drug treatment, and an increase in drug-related deaths are also indicators of the negative effects of the current policy on drug use, criminalization, infections, and the lack of effective prevention. As Romania continues to face serious financial limitations, evidence-based research on drug use is needed; best practice guidelines have to be followed in order to improve access to drug prevention, treatment, and harm-reduction services.

A double-edged sword: Benefits and pitfalls of heterogeneous punishment in evolutionary inspection games

NASA Astrophysics Data System (ADS)

Perc, Matjaž; Szolnoki, Attila

2015-06-01

As a simple model for criminal behavior, the traditional two-strategy inspection game yields counterintuitive results that fail to describe empirical data. The latter shows that crime is often recurrent, and that crime rates do not respond linearly to mitigation attempts. A more apt model entails ordinary people who neither commit nor sanction crime as the third strategy besides the criminals and punishers. Since ordinary people free-ride on the sanctioning efforts of punishers, they may introduce cyclic dominance that enables the coexistence of all three competing strategies. In this setup ordinary individuals become the biggest impediment to crime abatement. We therefore also consider heterogeneous punisher strategies, which seek to reduce their investment into fighting crime in order to attain a more competitive payoff. We show that this diversity of punishment leads to an explosion of complexity in the system, where the benefits and pitfalls of criminal behavior are revealed in the most unexpected ways. Due to the raise and fall of different alliances no less than six consecutive phase transitions occur in dependence on solely the temptation to succumb to criminal behavior, leading the population from ordinary people-dominated across punisher-dominated to crime-dominated phases, yet always failing to abolish crime completely.

Order of onset of drug use and criminal activities in a sample of drug-abusing women convicted of violent crimes.

PubMed

Baltieri, Danilo Antonio

2014-03-01

This study aims to explore the temporal relationship between age of onset of substance use and criminal activity in women convicted of violent crimes as well as to subdivide them into clinically significant groups to which tailored treatment can be guided. Of the 353 female inmates randomised for this study, 38 (10.8%) refused to participate and 182 (51.6%) met inclusion criteria. Data were obtained only from substance-abusing female inmates serving a sentence for robbery or homicide in a female penitentiary in Brazil. Participant information was gathered through face-to-face interviews during which alcohol and drug abuse, impulsiveness levels, depressive symptoms, and criminological aspects were investigated. . Age of first alcohol and drug use significantly preceded the age of onset of criminal activities in the overall sample. Onset ages of alcohol and drug use problems significantly preceded the beginning of criminal activities in women convicted of homicide only. Latent Class Analysis resulted in two groups: cluster 1 (n = 122; 67%), early-onset alcohol and drug users; and cluster 2 (n = 60; 33%), late-onset alcohol and drug users. Higher depression levels, higher incidence of committing robbery and less official history of recidivism were associated with cluster 1 inmates. The temporal relationship between the onset age of alcohol/drug use problems and age of the beginning of criminal activities can set apart women convicted of robbery from those convicted of homicide. Further, a distinctive therapeutic approach to early- and late-onset offenders may be valuable. © 2014 Australasian Professional Society on Alcohol and other Drugs.

12 CFR 353.3 - Reports and records.

Code of Federal Regulations, 2011 CFR

2011-01-01

... series of criminal violations, or that the bank was used to facilitate a criminal transaction, and the... criminal violation, or series of criminal violations, or that the bank was used to facilitate a criminal... believes it was either an actual or potential victim of a criminal violation, or series of criminal...

12 CFR 353.3 - Reports and records.

Code of Federal Regulations, 2012 CFR

2012-01-01

... series of criminal violations, or that the bank was used to facilitate a criminal transaction, and the... criminal violation, or series of criminal violations, or that the bank was used to facilitate a criminal... believes it was either an actual or potential victim of a criminal violation, or series of criminal...

Is the pendulum of public opinion swinging in favour of euthanasia?

PubMed Central

Gray, Charlotte

1995-01-01

This month the Senate Committee on Euthanasia and Assisted Suicide will issue its long-awaited report. Within a year, MPs are likely to decide in a free vote whether euthanasia should be legalized in Canada. Indications are that while there is public sentiment supporting euthanasia, there is also vehement opposition, even from some who once supported the right of choice. The Senate committee is wrestling with the issue of whether public opinion and the surreptitious practice of euthanasia are enough to justify changes to the Criminal Code. PMID:11653152

[Computerized medical record: deontology and legislation].

PubMed

Allaert, F A; Dusserre, L

1996-02-01

Computerization of medical records is making headway for patients' follow-up, scientific research, and health expenses control, but it must not alter the guarantees provided to the patients by the medical code of ethics and the law of January 6, 1978. This law, modified on July 1, 1994, requires to register all computerized records of personal data and establishes rights to protect privacy against computer misdemeanor. All medical practitioners using computerized medical records must be aware that the infringement of this law may provoke suing in professional, civil or criminal court.

Affective empathy, cognitive empathy and social attention in children at high risk of criminal behaviour.

PubMed

van Zonneveld, Lisette; Platje, Evelien; de Sonneville, Leo; van Goozen, Stephanie; Swaab, Hanna

2017-08-01

Empathy deficits are hypothesized to underlie impairments in social interaction exhibited by those who engage in antisocial behaviour. Social attention is an essential precursor to empathy; however, no studies have yet examined social attention in relation to cognitive and affective empathy in those exhibiting antisocial behaviour. Participants were 8- to 12-year-old children at high risk of developing criminal behaviour (N = 114, 80.7% boys) and typically developing controls (N = 43, 72.1% boys). The high-risk children were recruited through an ongoing early identification and intervention project of the city of Amsterdam, focusing on the underage siblings or children of delinquents and those failing primary school. Video clips with neutral and emotional content (fear, happiness and pain) were shown, while heart rate (HR), skin conductance level (SCL) and skin conductance responses (SCRs) were recorded to measure affective empathy. Answers to questions about emotions in the clips were coded to measure cognitive empathy. Eye-tracking was used to evaluate visual scanning patterns towards social relevant cues (eyes and face) in the clips. The high-risk group did not differ from the control group in social attention and cognitive empathy, but showed reduced HR to pain and fear, and reduced SCL and SCRs to pain. Children at high risk of developing criminal behaviour show impaired affective empathy but unimpaired social attention and cognitive empathy. The implications for early identification and intervention studies with antisocial children are discussed. © 2017 Association for Child and Adolescent Mental Health.

Criminality and suicide: a longitudinal Swedish cohort study

PubMed Central

Stenbacka, M; Romelsjö, A; Jokinen, J

2014-01-01

Objectives This study aimed to investigate whether violent and non-violent offending were related to elevated risk of suicide. We also investigated whether the risk was higher among those with repeated offences and how experiences of substance misuse and suicide attempt modified the relationship. Design A nationwide prospective cohort study. Setting A register study of 48 834 conscripted men in 1969/1970 in Sweden followed up during a 35-year period in official registers. Participants A birth cohort of 48 834 men who were mandatory conscripted for military service in 1969/70 at the age of 18–20 years. Possible confounders were retrieved from psychological assessments at conscription and the cohort was linked to mortality and hospitalisation and crime records from 1970 onwards. Estimates of suicide risks were calculated as HR with 95% CIs using Cox proportional regression analyses with adjustment for potential confounding by family, psychological and behavioural factors including substance use and psychiatric disorders. Results Of the total cohort, 2671 (5.5%) persons died during the follow-up period. Of these, 615 (23%) persons died due to suicide. Non-violent criminality was evident for 29% and violent criminality for 4.7% of all the participants. In the crude model, the violent offenders had nearly five times higher risk (HR=4.69, 3.56 to 6.19) to die from suicide and non-violent criminals had about two times higher risk (HR=2.08, 1.72 to 2.52). In the fully adjusted model, the HRs were still significant for suicide in the non-violent group. Conclusions Experiences of violent or non-violent criminality were associated with increased risk of suicide. Comorbidity with alcohol and substance use and psychiatric disorders modified the risk, but the suicide risk remained significantly elevated for non-violent criminals. It is crucial to identify offenders and especially repeated offenders who also suffer from alcohol or substance misuse and psychiatric illness in clinical settings in order to prevent suicide. PMID:24491380

Criminality and suicide: a longitudinal Swedish cohort study.

PubMed

Stenbacka, M; Romelsjö, A; Jokinen, J

2014-02-03

This study aimed to investigate whether violent and non-violent offending were related to elevated risk of suicide. We also investigated whether the risk was higher among those with repeated offences and how experiences of substance misuse and suicide attempt modified the relationship. A nationwide prospective cohort study. A register study of 48 834 conscripted men in 1969/1970 in Sweden followed up during a 35-year period in official registers. A birth cohort of 48 834 men who were mandatory conscripted for military service in 1969/70 at the age of 18-20 years. Possible confounders were retrieved from psychological assessments at conscription and the cohort was linked to mortality and hospitalisation and crime records from 1970 onwards. Estimates of suicide risks were calculated as HR with 95% CIs using Cox proportional regression analyses with adjustment for potential confounding by family, psychological and behavioural factors including substance use and psychiatric disorders. Of the total cohort, 2671 (5.5%) persons died during the follow-up period. Of these, 615 (23%) persons died due to suicide. Non-violent criminality was evident for 29% and violent criminality for 4.7% of all the participants. In the crude model, the violent offenders had nearly five times higher risk (HR=4.69, 3.56 to 6.19) to die from suicide and non-violent criminals had about two times higher risk (HR=2.08, 1.72 to 2.52). In the fully adjusted model, the HRs were still significant for suicide in the non-violent group. Experiences of violent or non-violent criminality were associated with increased risk of suicide. Comorbidity with alcohol and substance use and psychiatric disorders modified the risk, but the suicide risk remained significantly elevated for non-violent criminals. It is crucial to identify offenders and especially repeated offenders who also suffer from alcohol or substance misuse and psychiatric illness in clinical settings in order to prevent suicide.

The historical, ethical, and legal background of human-subjects research.

PubMed

Rice, Todd W

2008-10-01

The current system of human-subject-research oversight and protections has developed over the last 5 decades. The principles of conducting human research were first developed as the Nuremberg code to try Nazi war criminals. The 3 basic elements of the Nuremberg Code (voluntary informed consent, favorable risk/benefit analysis, and right to withdraw without repercussions) became the foundation for subsequent ethical codes and research regulations. In 1964 the World Medical Association released the Declaration of Helsinki, which built on the principles of the Nuremberg Code. Numerous research improprieties between 1950 and 1974 in the United States prompted Congressional deliberations about human-subject-research oversight. Congress's first legislation to protect the rights and welfare of human subjects was the National Research Act of 1974, which created the National Commission for Protection of Human Subjects of Biomedical and Behavioral Research, which issued the Belmont Report. The Belmont Report stated 3 fundamental principles for conducting human-subjects research: respect for persons, beneficence, and justice. The Office of Human Research Protections oversees Title 45, Part 46 of the Code for Federal Regulations, which pertains to human-subjects research. That office indirectly oversees human-subjects research through local institutional review boards (IRB). Since their inception, the principles of conducting human research, IRBs, and the Code for Federal Regulations have all advanced substantially. This paper describes the history and current status of human-subjects-research regulations.

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

PubMed

Savopoulos, Priscilla; Lindell, Annukka K

2018-02-15

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

Mental Condition Requirement in Competency to Stand Trial Assessments.

PubMed

Reisner, Andrew D; Piel, Jennifer L

2018-03-01

In Ohio, a criminal defendant is incompetent to stand trial only if "a present mental condition" renders him unable to understand the nature and objectives of the proceedings against him or to assist in his defense. Some forensic mental health evaluators have treated the mental-condition requirement as synonymous with, or similar to, the psychiatric condition required in the state's insanity criteria, which requires a "severe mental disease or defect." Yet the term mental condition does not appear in other areas of the state's criminal code or in the state's definition of a mental illness for purposes of civil commitment. Moreover, Ohio's adjudicative competency statute does not explain what conditions or symptoms constitute a mental condition sufficient to render a defendant incompetent. This article is a review of the mental condition requirement in competence to stand trial laws, using Ohio as an example, and how this term has been interpreted (or misinterpreted) by mental health evaluators and the legal system. Suggestions for practicing forensic evaluators are offered. © 2018 American Academy of Psychiatry and the Law.

Peer review and psychiatric physician fitness for duty evaluations: analyzing the past and forecasting the future.

PubMed

Meyer, Donald J; Price, Marilyn

2012-01-01

In the United States, oversight of health care practitioners is delegated to a matrix of health care entities including but not limited to the state medical board which licenses physicians in the relevant jurisdiction. Typically, these organizations have their own codes of professional conduct. When a physician joins one of these health care organizations, legally the physician has entered into a contract with the organization and agreed to be bound by its regulations and procedures. The organization's peer review of a member physician for reasons of investigating questions of health care quality may require a psychiatric fitness for duty evaluation. That assessment is a forensic psychiatric examination to assist the peer review body much as an expert witness would assist the trier of fact in a criminal or civil law adjudication. Experts can better perform these functions if they are familiar with the legal differences that define these agencies' service under administrative as compared to civil or criminal law and procedures. Copyright © 2012 Elsevier Ltd. All rights reserved.

The National Trajectory Project of Individuals Found Not Criminally Responsible on Account of Mental Disorder in Canada. Part 2: The People Behind the Label

PubMed Central

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

2015-01-01

Objective: To examine the psychosocio-criminological characteristics of not criminally responsible on account of mental disorder (NCRMD)–accused people and compare them across the 3 most populous provinces. In Canada, the number of people found NCRMD has risen during the past 20 years. The Criminal Code is federally legislated but provincially administered, and mental health services are provincially governed. Our study offers a rare opportunity to observe the characteristics and trajectories of NCRMD–accused people. Method: The National Trajectory Project examined 1800 men and women found NCRMD in British Columbia (n = 222), Quebec (n = 1094), and Ontario (n = 484) between May 2000 to April 2005, followed until December 2008. Results: The most common primary diagnosis was a psychotic spectrum disorder. One-third of NCRMD–accused people had a severe mental illness and a concomitant substance use disorder, with British Columbia having the highest rate of dually diagnosed NCRMD–accused people. Most accused people (72.4%) had at least 1 prior psychiatric hospitalization. Two-thirds of index NCRMD offences were against the person, with a wide range of severity. Family members, followed by professionals, such as police and mental health care workers, were the most frequent victims. Quebec had the highest proportion of people with a mood disorder and the lowest median offence severity. There were both interprovincial differences and similarities in the characteristics of NCRMD–accused people. Conclusions: Contrary to public perception, severe violent offenses such as murder, attempted murder or sexual offences represent a small proportion of all NCRMD verdict offences. The results reveal a heterogeneous population regarding mental health and criminological characteristics in need of hierarchically organized forensic mental health services and levels of security. NCRMD–accused people were well known to civil psychiatric services prior to being found NCRMD. Risk assessment training and interventions to reduce violence and criminality should be a priority in civil mental health services. PMID:25886686

The national trajectory project of individuals found not criminally responsible on account of mental disorder in Canada. Part 2: the people behind the label.

PubMed

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

2015-03-01

To examine the psychosocio-criminological characteristics of not criminally responsible on account of mental disorder (NCRMD)-accused people and compare them across the 3 most populous provinces. In Canada, the number of people found NCRMD has risen during the past 20 years. The Criminal Code is federally legislated but provincially administered, and mental health services are provincially governed. Our study offers a rare opportunity to observe the characteristics and trajectories of NCRMD-accused people. The National Trajectory Project examined 1800 men and women found NCRMD in British Columbia (n = 222), Quebec (n = 1094), and Ontario (n = 484) between May 2000 to April 2005, followed until December 2008. The most common primary diagnosis was a psychotic spectrum disorder. One-third of NCRMD-accused people had a severe mental illness and a concomitant substance use disorder, with British Columbia having the highest rate of dually diagnosed NCRMD-accused people. Most accused people (72.4%) had at least 1 prior psychiatric hospitalization. Two-thirds of index NCRMD offences were against the person, with a wide range of severity. Family members, followed by professionals, such as police and mental health care workers, were the most frequent victims. Quebec had the highest proportion of people with a mood disorder and the lowest median offence severity. There were both interprovincial differences and similarities in the characteristics of NCRMD-accused people. Contrary to public perception, severe violent offenses such as murder, attempted murder or sexual offences represent a small proportion of all NCRMD verdict offences. The results reveal a heterogeneous population regarding mental health and criminological characteristics in need of hierarchically organized forensic mental health services and levels of security. NCRMD-accused people were well known to civil psychiatric services prior to being found NCRMD. Risk assessment training and interventions to reduce violence and criminality should be a priority in civil mental health services.

28 CFR 540.71 - Procedures.

Code of Federal Regulations, 2011 CFR

2011-07-01

... from a bookstore. (2) At medium security, high security, and administrative institutions, an inmate may... security, good order, or discipline of the institution or if it might facilitate criminal activity. The..., social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by...

28 CFR 540.71 - Procedures.

Code of Federal Regulations, 2010 CFR

2010-07-01

... from a bookstore. (2) At medium security, high security, and administrative institutions, an inmate may... security, good order, or discipline of the institution or if it might facilitate criminal activity. The..., social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by...

28 CFR 540.71 - Procedures.

Code of Federal Regulations, 2014 CFR

2014-07-01

... from a bookstore. (2) At medium security, high security, and administrative institutions, an inmate may... security, good order, or discipline of the institution or if it might facilitate criminal activity. The..., social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by...

28 CFR 540.71 - Procedures.

Code of Federal Regulations, 2013 CFR

2013-07-01

... from a bookstore. (2) At medium security, high security, and administrative institutions, an inmate may... security, good order, or discipline of the institution or if it might facilitate criminal activity. The..., social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by...

28 CFR 540.71 - Procedures.

Code of Federal Regulations, 2012 CFR

2012-07-01

... from a bookstore. (2) At medium security, high security, and administrative institutions, an inmate may... security, good order, or discipline of the institution or if it might facilitate criminal activity. The..., social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by...

Professionalism in Computer Forensics

NASA Astrophysics Data System (ADS)

Irons, Alastair D.; Konstadopoulou, Anastasia

The paper seeks to address the need to consider issues regarding professionalism in computer forensics in order to allow the discipline to develop and to ensure the credibility of the discipline from the differing perspectives of practitioners, the criminal justice system and in the eyes of the public. There is a need to examine and develop professionalism in computer forensics in order to promote the discipline and maintain the credibility of the discipline.

Criminal thinking styles and emotional intelligence in Egyptian offenders.

PubMed

Megreya, Ahmed M

2013-02-01

The Psychological Inventory of Criminal Thinking Styles (PICTS) has been applied extensively to the study of criminal behaviour and cognition. Increasingly growing evidence indicates that criminal thinking styles vary considerably among individuals, and these individual variations appear to be crucial for a full understanding of criminal behaviour. This study aimed to examine individual differences in criminal thinking as a function of emotional intelligence. A group of 56 Egyptian male prisoners completed the PICTS and Bar-On Emotional Quotient Inventory (EQ-i). The correlations between these assessments were examined using a series of Pearson correlations coefficients, with Bonferroni correction. General criminal thinking, reactive criminal thinking and five criminal thinking styles (mollification, cutoff, power orientation, cognitive indolence and discontinuity) negatively correlated with emotional intelligence. On the other hand, proactive criminal thinking and three criminal thinking styles (entitlement, superoptimism and sentimentality) did not associate with emotional intelligence. Emotional intelligence is an important correlate of individual differences in criminal thinking, especially its reactive aspects. Practical implications of this suggestion were discussed. Copyright © 2013 John Wiley & Sons, Ltd.

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

PubMed

Sinha, Sudhinta

2016-01-01

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

Predicting recidivism with the Psychological Inventory of Criminal Thinking Styles (PICTS) in community-supervised male and female federal offenders.

PubMed

Walters, Glenn D; Lowenkamp, Christopher T

2016-06-01

Higher order scores derived from the Psychological Inventory of Criminal Thinking Styles (PICTS; Walters, 1995) have been found to predict recidivism in released prison inmates with effect sizes in the low-moderate to medium range. The current study sought to determine whether the PICTS is capable of predicting general recidivism in a sample of 81,881 male and 14,519 female offenders on federal probation or supervised release. Results indicated that the PICTS General Criminal Thinking, Proactive, and Reactive scores and 6 of the 7 thinking style scales predicted recidivism in follow-ups of 6 or more months, 12 or more months, and 24 or more months with effect sizes in the low-moderate to medium range. The effect sizes were reduced to small and low-moderate, respectively, when age and prior arrests were controlled for in a series of partial correlations. It was also noted that the PICTS General Criminal Thinking score contributed significant diagnostic information to recidivism prediction in both males and females above and beyond the information provided by a comprehensive risk assessment procedure. These results indicate that the PICTS may be a useful adjunct to other risk assessment procedures in providing comprehensive risk prediction and management services to offenders under community supervision. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

[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.

[Selected legal aspects of the protection of the unborn child in the light of the draft amendment to the Polish Penal Code].

PubMed

Urbaniak, Moniak; Spaczyński, Robert Z

2015-10-01

Criminal Law Codification Commission, acting at the Ministry of Justice prepared proposals for amendments in the Polish Penal Code, related to offenses against life and health that were presented to the public in 2013. The draft provides for the protection of the child in the prenatal stage, introducing a new category of the entity to be protected, which is "unborn child" and "unborn child able to live outside the mother's body". These regulations provide for mothers criminal liability and responsibility of the medical staff (a doctor), as well as the child's father to the extent in which he is obliged to take steps aimed at rescuing the fetus. It is doctor's responsibility to show particular care for human health and life since a doctor has special medical knowledge and that is regulated by art. 30 of the act on professions of doctor and dentist. The proposed rule changes were not brought before the legislature in the current term of the Sejm (2011-2015), but due to the development of medicine, including obstetrical ultrasound, which enables visualization of a child that moves in the womb and is treated as a separate entity with distinct personal features the grounds are given for the opinion that the issue of the legal status of the unborn child, particularly in the context of causing death of a child in the last phase before birth as a result of medical malpractice or other external factors will be back in the public discussion.

12 CFR 208.62 - Suspicious activity reports.

Code of Federal Regulations, 2010 CFR

2010-01-01

..., or series of criminal violations, or that the bank was used to facilitate a criminal transaction, and... violation, or series of criminal violations, or that the bank was used to facilitate a criminal transaction... that it was either an actual or potential victim of a criminal violation, or series of criminal...

12 CFR 208.62 - Suspicious activity reports.

Code of Federal Regulations, 2013 CFR

2013-01-01

..., or series of criminal violations, or that the bank was used to facilitate a criminal transaction, and... violation, or series of criminal violations, or that the bank was used to facilitate a criminal transaction... that it was either an actual or potential victim of a criminal violation, or series of criminal...

12 CFR 208.62 - Suspicious activity reports.

Code of Federal Regulations, 2014 CFR

2014-01-01

..., or series of criminal violations, or that the bank was used to facilitate a criminal transaction, and... violation, or series of criminal violations, or that the bank was used to facilitate a criminal transaction... that it was either an actual or potential victim of a criminal violation, or series of criminal...

12 CFR 21.11 - Suspicious Activity Report.

Code of Federal Regulations, 2010 CFR

2010-01-01

... an actual or potential victim of a criminal violation, or series of criminal violations, or that the... it was either an actual or potential victim of a criminal violation, or series of criminal violations... of a criminal violation, or series of criminal violations, or that the bank was used to facilitate a...

12 CFR 21.11 - Suspicious Activity Report.

Code of Federal Regulations, 2012 CFR

2012-01-01

... either an actual or potential victim of a criminal violation, or series of criminal violations, or that... it was either an actual or potential victim of a criminal violation, or series of criminal violations... of a criminal violation, or series of criminal violations, or that the bank was used to facilitate a...

Longitudinal and reciprocal relations between delay discounting and crime

PubMed Central

Lee, Christine A.; Derefinko, Karen J.; Milich, Richard; Lynam, Donald R.; DeWall, C. Nathan

2017-01-01

Theorists argue that self-control failure is the underlying cause of criminal behavior, with previous research linking poor self-control to delinquency and drug use. The path from self-control to crime is well-established, but less is known about whether criminal behavior contributes to self-control deficits over time. We investigated bi-directional relations between self-control assessed via a delay discounting task and self-reported crime over a three-year period. During their first, second (73.38% retention rate), and third (63.12% retention rate) years of college, 526 undergraduates completed a delay discounting task and reported on their criminal behavior. In order to maximize variability, participants with conduct problems were overrecruited, comprising 23.1% of the final sample. As expected, more discounting of hypothetical monetary rewards significantly predicted future property crime across a one and two-year period, even when controlling for initial levels of both. This study also demonstrated evidence of a bi-directional relationship; violent crime predicted higher rates of delay discounting one year later. These results suggest that bi-directional relations exist between self-control and types of crime. PMID:28970645

Civil and criminal liability for violation of environmental laws

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

McElveen, J.C.

1993-01-01

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

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.

28 CFR 33.53 - Participation by faith-based organizations.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Participation by faith-based... GRANT PROGRAMS Criminal Justice Block Grants Additional Requirements § 33.53 Participation by faith... standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. [Order No...

28 CFR 33.53 - Participation by faith-based organizations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Participation by faith-based... GRANT PROGRAMS Criminal Justice Block Grants Additional Requirements § 33.53 Participation by faith... standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. [Order No...

28 CFR 33.53 - Participation by faith-based organizations.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Participation by faith-based... GRANT PROGRAMS Criminal Justice Block Grants Additional Requirements § 33.53 Participation by faith... standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. [Order No...

28 CFR 33.53 - Participation by faith-based organizations.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Participation by faith-based... GRANT PROGRAMS Criminal Justice Block Grants Additional Requirements § 33.53 Participation by faith... standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. [Order No...

28 CFR 33.53 - Participation by faith-based organizations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Participation by faith-based... GRANT PROGRAMS Criminal Justice Block Grants Additional Requirements § 33.53 Participation by faith... standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. [Order No...

Implementing Training for Correctional Educators. Correctional/Special Education Training Project.

ERIC Educational Resources Information Center

Wolford, Bruce I., Ed.; And Others

These papers represent the collected thoughts of the contributors to a national training and dissemination conference dealing with identifying and developing linkages between postsecondary special education and criminal justice preservice education programs in order to improve training for correctional educators working with disabled clients. The…

The Skin Color Paradox and the American Racial Order

ERIC Educational Resources Information Center

Hochschild, Jennifer L.; Weaver, Vesla

2007-01-01

Dark-skinned blacks in the United States have lower socioeconomic status, more punitive relationships with the criminal justice system, diminished prestige, and less likelihood of holding elective office compared with their lighter counterparts. This phenomenon of "colorism" both occurs within the African American community and is…

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

PubMed Central

Sinha, Sudhinta

2016-01-01

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

Perinatal depression: a review of US legislation and law.

PubMed

Rhodes, Ann M; Segre, Lisa S

2013-08-01

Accumulating research documenting the prevalence and negative effects of perinatal depression, together with highly publicized tragic critical incidents of suicide and filicide by mothers with postpartum psychosis, have fueled a continuum of legislation. Specialists in perinatal mental health should recognize how their work influences legislative initiatives and penal codes, and take this into consideration when developing perinatal services and research. Yet, without legal expertise, the status of legislative initiatives can be confusing. To address this shortfall, we assembled an interdisciplinary team of academics specializing in law, as well as perinatal mental health, to summarize these issues. This review presents the relevant federal and state legislation and summarizes the criminal codes that governed the court decisions on cases in which a mother committed filicide because of postpartum psychosis. Moreover, the review aims to help researchers and providers who specialize in perinatal depression understand their role in this legal landscape.

Sexy is What You Make it: Organizational Culture and U.S. Army Special Forces

DTIC Science & Technology

2014-06-01

terrorist groups, criminal elements and any number of hybrids” (ARSOF 2022, 2013, p. 4). In order to be prepared for employment in this uncertain...range of military operations throughout an ever-changing, uncertain environment that is both global in spread and volatile in nature . In order to be...approaches to dealing with situations that become second nature to employees in an organization. It encompasses the beliefs, values, norms

FORENSIC ANALYSIS OF WINDOW’S® VIRTUAL MEMORY INCORPORATING THE SYSTEM’S PAGEFILE COUNTERINTELLIGENCE THROUGH MALICIOUS CODE ANALYSIS

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

Jared Stimson

FORENSIC ANALYSIS OF WINDOW’S® VIRTUAL MEMORY INCORPORATING THE SYSTEM’S PAGEFILE Computer Forensics is concerned with the use of computer investigation and analysis techniques in order to collect evidence suitable for presentation in court. The examination of volatile memory is a relatively new but important area in computer forensics. More recently criminals are becoming more forensically aware and are now able to compromise computers without accessing the hard disk of the target computer. This means that traditional incident response practice of pulling the plug will destroy the only evidence of the crime. While some techniques are available for acquiring the contentsmore » of main memory, few exist which can analyze these data in a meaningful way. One reason for this is how memory is managed by the operating system. Data belonging to one process can be distributed arbitrarily across physical memory or the hard disk, making it very difficult to recover useful information. This report will focus on how these disparate sources of information can be combined to give a single, contiguous address space for each process. Using address translation a tool is developed to reconstruct the virtual address space of a process by combining a physical memory dump with the page-file on the hard disk. COUNTERINTELLIGENCE THROUGH MALICIOUS CODE ANALYSIS As computer network technology continues to grow so does the reliance on this technology for everyday business functionality. To appeal to customers and employees alike, businesses are seeking an increased online prescience, and to increase productivity the same businesses are computerizing their day-to-day operations. The combination of a publicly accessible interface to the businesses network, and the increase in the amount of intellectual property present on these networks presents serious risks. All of this intellectual property now faces constant attacks from a wide variety of malicious software that is intended to uncover company and government secrets. Every year billions of dollars are invested in preventing and recovering from the introduction of malicious code into a system. However, there is little research being done on leveraging these attacks for counterintelligence opportunities. With the ever-increasing number of vulnerable computers on the Internet the task of attributing these attacks to an organization or a single person is a daunting one. This thesis will demonstrate the idea of intentionally running a piece of malicious code in a secure environment in order to gain counterintelligence on an attacker.« less

24 CFR 2002.21 - Authority to deny requests for records and form of denial.

Code of Federal Regulations, 2010 CFR

2010-04-01

... criminal investigation or by an agency conducting a lawful national security intelligence investigation... commercial or financial information, predisclosure notification to business submitters is required by Executive Order 12600 (3 CFR, 1987 Comp., p. 235) to afford the business submitter an opportunity to object...

49 CFR 1572.15 - Procedures for HME security threat assessment.

Code of Federal Regulations, 2012 CFR

2012-10-01

... completes includes a fingerprint-based criminal history records check (CHRC), an intelligence-related background check, and a final disposition. (b) Fingerprint-based check. In order to conduct a fingerprint... before the date of the expiration of the HME. (2) Where the State elects to collect fingerprints and...

49 CFR 1572.15 - Procedures for HME security threat assessment.

Code of Federal Regulations, 2013 CFR

2013-10-01

... completes includes a fingerprint-based criminal history records check (CHRC), an intelligence-related background check, and a final disposition. (b) Fingerprint-based check. In order to conduct a fingerprint... before the date of the expiration of the HME. (2) Where the State elects to collect fingerprints and...

49 CFR 1572.15 - Procedures for HME security threat assessment.

Code of Federal Regulations, 2011 CFR

2011-10-01

... completes includes a fingerprint-based criminal history records check (CHRC), an intelligence-related background check, and a final disposition. (b) Fingerprint-based check. In order to conduct a fingerprint... before the date of the expiration of the HME. (2) Where the State elects to collect fingerprints and...

49 CFR 1572.15 - Procedures for HME security threat assessment.

Code of Federal Regulations, 2010 CFR

2010-10-01

... completes includes a fingerprint-based criminal history records check (CHRC), an intelligence-related background check, and a final disposition. (b) Fingerprint-based check. In order to conduct a fingerprint... before the date of the expiration of the HME. (2) Where the State elects to collect fingerprints and...

49 CFR 1572.15 - Procedures for HME security threat assessment.

Code of Federal Regulations, 2014 CFR

2014-10-01

... completes includes a fingerprint-based criminal history records check (CHRC), an intelligence-related background check, and a final disposition. (b) Fingerprint-based check. In order to conduct a fingerprint... before the date of the expiration of the HME. (2) Where the State elects to collect fingerprints and...

Tempest, Arizona: Criminal Epistemologies and the Rhetorical Possibilities of Raza Studies

ERIC Educational Resources Information Center

Serna, Elias

2013-01-01

This essay looks at Ethnic Studies activism in Arizona through a rhetorical lens in order to highlight epistemological aspects of activities such as a high school Chicano Literature class, Roberto "Dr. Cintli" Rodriguez's journalism, and student activism to defend the Mexican-American Studies Department. Taking rhetoric's premise that…

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

PubMed

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

2014-08-01

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

14 CFR 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-01-01

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

36 CFR 1212.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

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

14 CFR 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-01-01

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

14 CFR 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-01-01

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

36 CFR 1212.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

28 CFR 904.3 - State criminal history record screening standards.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false State criminal history record screening... STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS § 904.3 State criminal history record screening standards. The following record screening standards relate to criminal history record information received...

28 CFR 904.3 - State criminal history record screening standards.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 2 2013-07-01 2013-07-01 false State criminal history record screening... STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS § 904.3 State criminal history record screening standards. The following record screening standards relate to criminal history record information received...

28 CFR 904.3 - State criminal history record screening standards.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 2 2011-07-01 2011-07-01 false State criminal history record screening... STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS § 904.3 State criminal history record screening standards. The following record screening standards relate to criminal history record information received...

28 CFR 904.3 - State criminal history record screening standards.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false State criminal history record screening... STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS § 904.3 State criminal history record screening standards. The following record screening standards relate to criminal history record information received...

28 CFR 904.3 - State criminal history record screening standards.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false State criminal history record screening... STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS § 904.3 State criminal history record screening standards. The following record screening standards relate to criminal history record information received...

Understanding interactions of formerly incarcerated HIV-positive men and transgender women with substance use treatment, medical, and criminal justice systems.

PubMed

Harawa, Nina T; Amani, Bita; Rohde Bowers, Jane; Sayles, Jennifer N; Cunningham, William

2017-10-01

Low levels of medical care engagement have been noted for HIV-positive people leaving systems of incarceration in the United States. Substance misuse frequently co-occurs with criminal justice involvement in individuals who are living with HIV. We analyzed data from in-depth interviews with 19 HIV-positive individuals who were currently or formerly incarcerated in order to elucidate challenges faced in accessing care and maintaining HIV treatment regimens when cycling out of (and often back into) custody. Our thematic analysis used an ecosocial framework to describe participants' shifts between substance use treatment, medical care, and criminal justice systems. Dominant themes included the dramatic increase in HIV-treatment-related autonomy required following release from jail because of differences in care delivery between custody-based and community-based care systems; the important, but temporary stabilization provided by residential substance use treatment programmes; and the inconsistency of substance use treatment approaches with chronic care models of disease management. Enhanced integration of criminal justice, medical care, and substance use treatment institutions in planning for reentry of HIV populations may ease the impact of the dramatic shifts in context that often dissuade linkage and retention. This integration should include coordination with custody release processes, periodic assessments for active substance misuse in HIV treatment settings, support for (re)establishing health-promoting social networks, and options for long-term, residential substance use treatment programmes. Copyright © 2017 Elsevier B.V. All rights reserved.

[The status of the psychiatric nurse as a guarantor in Taiwan: a case study].

PubMed

Huang, Hui-Man; Sun, Fan-Ko

2013-12-01

Psychiatric nurses have a special obligation and legal duty as guarantor against criminal negligence. The guarantor role and medical negligence in psychiatric nursing are topics that have been neglected in Taiwan. (1) Identify the status of psychiatric nurses as guarantors; (2) Understand the causal relationship in a legal context between this status and Non-Genuine Omission in the current case; (3) Understand the facts and the dispute in the current case. (4) Explore the reasons why the psychiatric nurse was convicted for criminal negligence in the current case. A literature review and case study were used to analyze the high court criminal judgment and sentence reconsideration of the first instance No. 122 (2005). (1) Psychiatric nurses hold two guarantor roles in Taiwan. One role is as legally protected interest guarantor and the other is as supervisors' dangerous source guarantor. (2) The three sources of guarantor status relevant to the current case are: nurses' voluntary commitments; medical contract; duty of care of supervisors. (3) In this case, the psychiatric nurse did not discharge her obligations as guarantor and failed to prevent the patient from committing suicide. Negligence resulted in patient death and the psychiatric nurse was found guilty. In order to prevent criminal acts, psychiatric nurses should gain a better understanding of their status as guarantor and the obligations entailed in this status. This article is intended to assist psychiatric nurses understand their responsibilities under current laws.

To analyse a trace or not? Evaluating the decision-making process in the criminal investigation.

PubMed

Bitzer, Sonja; Ribaux, Olivier; Albertini, Nicola; Delémont, Olivier

2016-05-01

In order to broaden our knowledge and understanding of the decision steps in the criminal investigation process, we started by evaluating the decision to analyse a trace and the factors involved in this decision step. This decision step is embedded in the complete criminal investigation process, involving multiple decision and triaging steps. Considering robbery cases occurring in a geographic region during a 2-year-period, we have studied the factors influencing the decision to submit biological traces, directly sampled on the scene of the robbery or on collected objects, for analysis. The factors were categorised into five knowledge dimensions: strategic, immediate, physical, criminal and utility and decision tree analysis was carried out. Factors in each category played a role in the decision to analyse a biological trace. Interestingly, factors involving information available prior to the analysis are of importance, such as the fact that a positive result (a profile suitable for comparison) is already available in the case, or that a suspect has been identified through traditional police work before analysis. One factor that was taken into account, but was not significant, is the matrix of the trace. Hence, the decision to analyse a trace is not influenced by this variable. The decision to analyse a trace first is very complex and many of the tested variables were taken into account. The decisions are often made on a case-by-case basis. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

Adult functioning of mothers with traumatic brain injury at high risk of child abuse: a pilot study.

PubMed

van Vliet-Ruissen, Cora; McKinlay, Audrey; Taylor, Annabel

2014-01-01

There is little information regarding the impact that traumatic brain injury (TBI) has on the functioning of mothers at risk of child abuse. This study evaluated adult functioning (e.g. child abuse, substance use, criminal convictions, and mental health problems) of mothers, at high risk for child abuse, who also had a history of TBI compared with those without TBI. It was hypothesised that mothers with a history of TBI would engage in higher rates of dysfunctional behaviour compared to those with no history of TBI. Participants were 206 women engaged in a child abuse prevention programme for mothers who are highly socially disadvantaged, and at high risk for child abuse. Using historical data collected as part of the referral, and self report intake process, this study compared child abuse, mental health problems (depression, anxiety, substance use) and rates of criminal offending for mothers with a history of TBI versus those with no history of TBI. Mothers with TBI were no more likely than those without TBI to have engaged in child abuse. However, mothers with a history of TBI were significantly more likely to have one or more mental health problems, engage in substance use and have a history of criminal offending. Parents with TBI who have been identified as high risk for engaging in child abuse have increased risk for mental health problems and criminal offending. These issues need to be considered when designing parenting programmes in order for intervention strategies to be effective.

Understanding Interactions of Formerly Incarcerated HIV-Positive Men and Transgender Women with Addiction Treatment, Medical, and Criminal Justice Systems

PubMed Central

Harawa, Nina T.; Amani, Bita; Bowers, Jane Rohde; Sayles, Jennifer N.; Cunningham, William

2017-01-01

Background Low levels of medical care engagement have been noted for HIV-positive people leaving systems of incarceration in the United States. Substance misuse frequently co-occurs with criminal justice involvement in individuals who are living with HIV. Methods We analyzed data from in-depth interviews with 19 HIV-positive individuals who were currently or formerly incarcerated in order to elucidate challenges faced in accessing care and maintaining HIV treatment regimens when cycling out of (and often back into) custody. Our thematic analysis used an ecosocial framework to describe participants’ shifts between substance abuse treatment, medical care, and criminal justice systems. Results Dominant themes included the dramatic increase in HIV-treatment-related autonomy required following release from jail because of differences in care delivery between custody-based and community-based care systems; the important, but temporary stabilization provided by residential substance abuse treatment programs; and the inconsistency of substance abuse treatment approaches with chronic care models of disease management. Conclusions Enhanced integration of criminal justice, medical care, and substance abuse treatment institutions in planning for reentry of HIV populations may ease the impact of the dramatic shifts in context that often dissuade linkage and retention. This integration should include coordination with custody release processes, periodic assessments for active substance misuse in HIV treatment settings, support for (re)establishing health-promoting social networks, and options for long-term, residential substance abuse treatment programs. PMID:28804052

An examination of outlaw motorcycle gangs and their involvement in the illicit drug market and the effectiveness of anti-association legislative responses.

PubMed

Goldsworthy, Terry; McGillivray, Laura

2017-03-01

In 2013 the Queensland Government introduced criminal association and mandatory sentencing laws for members of outlaw motorcycle gangs (OMCGs). Forms of "criminal association" or "anti-bikie" laws have been introduced in several Australian jurisdictions, and recent High Court decisions upholding their constitutionality will ensure that they remain part of our justice landscape. Generally, the aims of these laws are to declare a specific organisation as "criminal" and impose various legal orders and offences that thwart the consorting of members and address organised crime, such as unexplained wealth regimes. There have been significant criticisms of these styles of association laws both here and internationally. The aim of this research is to show the extent of involvement of OMCGs in the drug trade and associated organised crime activity, and whether anti-association laws are an effective response to this type of organised criminal activity. This paper relied on six years of data outlining the criminal activity of OMCGs from the Queensland Police Service (QPS) obtained under the legislative framework of The Queensland Right to Information Act (RTI) 2009. Information obtained from the Queensland Commission into Organised Crime (2015) and Queensland Taskforce into organised crime legislation (2015) was also used. The data suggest that the role of OMCGs in the drug market has been overstated and is not as dominant as has been portrayed by government agencies and the popular media. Generally, OMCGs account for less than one percent of organised crime type activity. This is also true for drug type offences where OMCGs are responsible for less than one percent of offences. The findings show that the Queensland example has highlighted the ineffectiveness of the criminal association laws and the mandatory sentencing provisions in that they have had little impact on drug market activity and little success in the courts. The analysis presented here is twofold: an examination of the legal ramifications and an evaluation of the investigative utility of such laws from a policy evaluation standpoint. In both cases, there is little evidence to suggest that these laws are an effective or appropriate response. Copyright © 2017 Elsevier B.V. All rights reserved.

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

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

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

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

24 CFR 21.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-04-01

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

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

2 CFR 182.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-01-01

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

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

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

22 CFR 312.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-04-01

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

45 CFR 630.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-10-01

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

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-07-01

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

2 CFR 1401.225 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-01-01

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

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-07-01

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

14 CFR 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-01-01

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

40 CFR 36.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

22 CFR 312.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Criminal drug statute. 312.625 Section 312.625 Foreign Relations PEACE CORPS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 312.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal...

41 CFR 105-74.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 41 Public Contracts and Property Management 3 2014-01-01 2014-01-01 false Criminal drug statute... Administration 74-GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 105-74.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute...

22 CFR 312.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Criminal drug statute. 312.625 Section 312.625 Foreign Relations PEACE CORPS GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 312.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal...

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

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

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

45 CFR 630.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 45 Public Welfare 3 2011-10-01 2011-10-01 false Criminal drug statute. 630.625 Section 630.625... GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 630.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

45 CFR 630.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 3 2010-10-01 2010-10-01 false Criminal drug statute. 630.625 Section 630.625... GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 630.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-07-01

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

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

2 CFR 1401.225 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 2 Grants and Agreements 1 2012-01-01 2012-01-01 false Criminal drug statute. 1401.225 Section 1401... INTERIOR REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1401.225 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

41 CFR 105-74.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 41 Public Contracts and Property Management 3 2011-01-01 2011-01-01 false Criminal drug statute... Administration 74-GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 105-74.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute...

38 CFR 48.625 - Criminal drug statute.

Code of Federal Regulations, 2010 CFR

2010-07-01

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

45 CFR 630.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 45 Public Welfare 3 2012-10-01 2012-10-01 false Criminal drug statute. 630.625 Section 630.625... GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 630.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

2 CFR 182.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 2 Grants and Agreements 1 2013-01-01 2013-01-01 false Criminal drug statute. 182.625 Section 182... GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 182.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

41 CFR 105-74.625 - Criminal drug statute.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 41 Public Contracts and Property Management 3 2012-01-01 2012-01-01 false Criminal drug statute... Administration 74-GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 105-74.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute...

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2011 CFR

2011-07-01

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

28 CFR 20.33 - Dissemination of criminal history record information.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Dissemination of criminal history record... SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.33 Dissemination of criminal history record information. (a) Criminal history record information contained in the III System...

28 CFR 20.33 - Dissemination of criminal history record information.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Dissemination of criminal history record... SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.33 Dissemination of criminal history record information. (a) Criminal history record information contained in the III System...

28 CFR 20.33 - Dissemination of criminal history record information.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Dissemination of criminal history record... SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.33 Dissemination of criminal history record information. (a) Criminal history record information contained in the III System...

28 CFR 20.33 - Dissemination of criminal history record information.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Dissemination of criminal history record... SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.33 Dissemination of criminal history record information. (a) Criminal history record information contained in the III System...

28 CFR 20.33 - Dissemination of criminal history record information.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Dissemination of criminal history record... SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.33 Dissemination of criminal history record information. (a) Criminal history record information contained in the III System...

41 CFR 105-74.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 41 Public Contracts and Property Management 3 2013-07-01 2013-07-01 false Criminal drug statute... Administration 74-GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 105-74.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute...

32 CFR 26.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

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

45 CFR 630.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 3 2014-10-01 2014-10-01 false Criminal drug statute. 630.625 Section 630.625... GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 630.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

29 CFR 1472.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

9 CFR 329.9 - Criminal offenses.

Code of Federal Regulations, 2010 CFR

2010-01-01

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

14 CFR § 1267.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Criminal drug statute. § 1267.625 Section... REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1267.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture...

29 CFR 94.625 - Criminal drug statute.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 29 Labor 1 2014-07-01 2013-07-01 true Criminal drug statute. 94.625 Section 94.625 Labor Office of the Secretary of Labor GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 94.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal...

36 CFR § 1212.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 36 Parks, Forests, and Public Property 3 2013-07-01 2012-07-01 true Criminal drug statute. § 1212... ADMINISTRATION GENERAL RULES GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 1212.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal...

28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Criminal Justice Information Services Advisory Policy Board. 20.35 Section 20.35 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.35 Criminal...

28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Criminal Justice Information Services Advisory Policy Board. 20.35 Section 20.35 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.35 Criminal...

28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Criminal Justice Information Services Advisory Policy Board. 20.35 Section 20.35 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.35 Criminal...

28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Criminal Justice Information Services Advisory Policy Board. 20.35 Section 20.35 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.35 Criminal...

28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal Justice Information Services Advisory Policy Board. 20.35 Section 20.35 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.35 Criminal...

29 CFR 94.625 - Criminal drug statute.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 29 Labor 1 2013-07-01 2013-07-01 false Criminal drug statute. 94.625 Section 94.625 Labor Office of the Secretary of Labor GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Definitions § 94.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal...

Prevalence of Criminal Thinking among State Prison Inmates with Serious Mental Illness

PubMed Central

Fisher, William H.; Duan, Naihua; Mandracchia, Jon T.; Murray, Danielle

2010-01-01

To examine the prevalence of criminal thinking in mentally disordered offenders, incarcerated male (n = 265) and female (n = 149) offenders completed measures of psychiatric functioning and criminal thinking. Results indicated 92% of the participants were diagnosed with a serious mental illness, and mentally disordered offenders produced criminal thinking scores on the Psychological Inventory of Criminal Thinking Styles (PICTS) and Criminal Sentiments Scale-Modified (CSS-M) similar to that of non-mentally ill offenders. Collectively, results indicated the clinical presentation of mentally disordered offenders is similar to that of psychiatric patients and criminals. Implications are discussed with specific focus on the need for mental health professionals to treat co-occurring issues of mental illness and criminality in correctional mental health treatment programs. PMID:19551496

Can we prevent doctors being complicit in torture? Breaking the serpent's egg.

PubMed

O'Connor, Mike

2009-12-01

A significant minority of the tortured prisoners who survive report that a doctor was present during their torture. Yet few medical practitioners are ever criminally prosecuted or even disciplined by their regulatory bodies. Can such gross violations of the Hippocratic Code be so easily ignored or are these doctors carefully shielded from detection and prosecution by a grateful state? Mostly doctors act to vet prisoners for their capacity to withstand the torture or resuscitate them to allow torture and interrogation to continue. However, on occasion, the "healers" may be the actual torturers as happened in Russian psychoprisons in the latter part of the 20th century. This article argues that the de facto immunity which complicit doctors currently appear to enjoy must be stripped away and replaced by effective processes to detect and then prosecute criminal behaviour. This will require widespread reporting of cases and action by international bodies, including non-government organisations. Prevention is clearly preferable and this will require improvements in undergraduate and graduate medical education about international humanitarian and human rights law. There is evidence that many medical faculties pay scant attention to this education and their students graduate with serious flaws in their understanding and attitudes towards human rights. Education should target "doctors at risk" in prisons, armed forces and the police. It should address professional behaviour which tolerates or even protects cultures of abuse. A code of professional conduct would assist "doctors at risk" to resist overtures for them to become complicit in torture, Medical Practice Acts should include statements on respecting human rights when defining good professional conduct. Doctors who become complicit in torture betray their profession. Swift action should be taken to stop such abuses and perpetrators should receive strong disciplinary action from regulatory bodies.

Forensic case profiling aspects on multiple homicides from the Cologne-Bonn metropolitan area 1985-2000.

PubMed

Schmidt, Peter H; Padosch, Stephan A; Rothschild, Markus A; Madea, Burkhard

2005-10-29

The medicolegal and subsequent criminologic interpretation of forensic and pathological findings in cases of homicide makes up an important tool of case profiling. In a retrospective study of 26 cases of "multiple homicides" involving 31 perpetrators (30 males, 1 female, mean age 33.5 years) and 73 victims (33 males, 40 females, mean age 36 years, 68 fatalities, 5 survivors), autopsy reports and prosecution authorities' files were investigated with regard to individual characteristics of victims and offenders, circumstances as well as mode of commitment. The major aim of this study was to comprehensively elucidate and characterise relevant forensic and criminologic features, which may gain importance for forensic case profiling. Forty-six victims were found in the close social environment of the perpetrator and 45 homicides were committed either in the victim's, the perpetrator's or the shared domicile. The main motives included concealment of a crime (n=13), personal conflicts/domestic arguments (n=7) and greed (n=12). The relevant injuries with regard to the cause of death were attributable to sharp force (n=13), blunt force (n=7), gunshot wounds (n=24), ligature strangulation (n=3), smothering (n=5), fire/carbon monoxide (n=4) and combined impacts (n=11). In 15 cases, so called defence injuries were found. In 5 victims a post-mortem blood alcohol concentration >1.5 g/l was determined. In six perpetrators, a severe psychiatric impairment of juridical responsibility was ascertained (Section 20 German criminal code, n=2, psychosis; Section 21 German criminal code, n=4, acute alcohol intoxication). As far as conviction data were available, 27 crimes were juridically assessed as murder, 12 as manslaughter and one as bodily harm with fatal consequences.

Free will and psychiatric assessments of criminal responsibility: a parallel with informed consent.

PubMed

Meynen, Gerben

2010-11-01

In some criminal cases a forensic psychiatrist is asked to make an assessment of the state of mind of the defendant at the time of the legally relevant act. A considerable number of people seem to hold that the basis for this assessment is that free will is required for legal responsibility, and that mental disorders can compromise free will. In fact, because of the alleged relationship between the forensic assessment and free will, researchers in forensic psychiatry also consider the complicated metaphysical discussions on free will relevant to the assessment. At the same time, there is concern about the lack of advancement with respect to clarifying the nature of the forensic assessment. In this paper I argue that, even if free will is considered relevant, there may be no need for forensic researchers to engage into metaphysical discussions on free will in order to make significant progress. I will do so, drawing a parallel between the assessment of criminal responsibility on the one hand, and the medical practice of obtaining informed consent on the other. I argue that also with respect to informed consent, free will is considered relevant, or even crucial. This is the parallel. Yet, researchers on informed consent have not entered into metaphysical debates on free will. Meanwhile, research on informed consent has made significant progress. Based on the parallel with respect to free will, and the differences with respect to research, I conclude that researchers on forensic assessment may not have to engage into metaphysical discussions on free will in order to advance our understanding of this psychiatric practice.

Free will and psychiatric assessments of criminal responsibility: a parallel with informed consent

PubMed Central

2010-01-01

In some criminal cases a forensic psychiatrist is asked to make an assessment of the state of mind of the defendant at the time of the legally relevant act. A considerable number of people seem to hold that the basis for this assessment is that free will is required for legal responsibility, and that mental disorders can compromise free will. In fact, because of the alleged relationship between the forensic assessment and free will, researchers in forensic psychiatry also consider the complicated metaphysical discussions on free will relevant to the assessment. At the same time, there is concern about the lack of advancement with respect to clarifying the nature of the forensic assessment. In this paper I argue that, even if free will is considered relevant, there may be no need for forensic researchers to engage into metaphysical discussions on free will in order to make significant progress. I will do so, drawing a parallel between the assessment of criminal responsibility on the one hand, and the medical practice of obtaining informed consent on the other. I argue that also with respect to informed consent, free will is considered relevant, or even crucial. This is the parallel. Yet, researchers on informed consent have not entered into metaphysical debates on free will. Meanwhile, research on informed consent has made significant progress. Based on the parallel with respect to free will, and the differences with respect to research, I conclude that researchers on forensic assessment may not have to engage into metaphysical discussions on free will in order to advance our understanding of this psychiatric practice. PMID:20424919

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

ERIC Educational Resources Information Center

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

2007-01-01

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

33 CFR 1.07-95 - Civil and criminal penalties.

Code of Federal Regulations, 2014 CFR

2014-07-01

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

Racial disparity and the legitimacy of the criminal justice system: exploring consequences for deterrence.

PubMed

Taxman, Faye S; Byrne, James M; Pattavina, April

2005-11-01

Minority (over) representation in the criminal justice system remains a puzzle, both from a policy and an intervention perspective. Cross-sectional reviews of the policies and practices of the criminal justice system often find differential rates of involvement in the criminal justice system that are associated with the nature of the criminal charge/act or characteristics of the offender; however, longitudinal reviews of the race effect often show it to be confounded by procedural and extralegal variables. This review focuses on how the cumulative policies and practices of the criminal justice system contribute to churning, or the recycling of individuals through the system. In conducting our review, we describe how the same criminal justice processes and practices adversely affect select communities. The consequences of policies and procedures that contribute to churning may affect the legitimacy of the criminal justice system as a deterrent to criminal behavior. A research agenda on issues related to legitimacy of the criminal justice system aimed at a better understanding of how this affects individual and community behavior is presented.

The Combined Effects of Coordinated Criminal Justice Intervention in Woman Abuse.

ERIC Educational Resources Information Center

Syers, MaryAnn; Edleson, Jeffrey L.

1992-01-01

Reports the findings of victim interviews and archival data concerning incidents of woman abuse. Results for samples monitored over a 6- to 12-month period supported the use of arrest on first police visits to the home and subsequent action by the courts, including ordering perpetrators into treatment. (RJM)

77 FR 8954 - Departmental Offices; Privacy Act of 1974, System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-15

... criminal law or regulation, rule or order; (2) Provide information to a congressional office in response to... ``notification procedure'' above. Record source categories: The sources of the information are employees of the... ``Treasury/DO .196--Security Information System.'' DATES: Comments should be received no later than March 16...

The Relative Stigma Associated with Smoking, Obesity, and Criminality.

ERIC Educational Resources Information Center

Venuti, John Paul; Conroy, Matthew; Bucy, Paige; Landis, Pamela L.; Chambliss, Catherine

Despite the increased use of cigarettes among college students, there is evidence to suggest that anti-smoking norms still predominate among both students and faculty. In order to assess the prejudice against college students who smoke, relative to that associated with membership in other disparaged groups, a sample of 99 college students were…

25 CFR 11.421 - Bad checks.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Bad checks. 11.421 Section 11.421 Indians BUREAU OF... Criminal Offenses § 11.421 Bad checks. (a) A person who issues or passes a check or similar sight order for..., and the issuer failed to make good within 10 days after receiving notice of that refusal. ...

A Naturalistic Alcohol Availability Experiment: Effects on Crime.

ERIC Educational Resources Information Center

Kraushaar, Kevin; Alsop, Brent

Previous investigators have looked at many types of criminal offenses in order to determine alcohol involvement in crime. This longitudinal (4-year) naturalistic experimental and control designed study examined the effects of change in alcohol availability on rates of offending in a small provincial region of New Zealand following the closure of…

75 FR 26877 - Peace Officers Memorial Day and Police Week, 2010

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-12

..., and respond in times of crisis. These men and women sustain peace and order across America, and we... sacrifice, and we remember the fallen heroes whose selfless acts have left behind safer streets and stronger... combating terror and staking out criminals to patrolling our highways, peace officers-- with the strong...

31 CFR Appendix A to Part 590 - Executive Order 13581 of July 24, 2011

Code of Federal Regulations, 2014 CFR

2014-07-01

... President by the Constitution and the laws of the United States of America, including the International... United States of America, find that the activities of significant transnational criminal organizations... property and interests in property that are in the United States, that hereafter come within the United...

31 CFR Appendix A to Part 590 - Executive Order 13581 of July 24, 2011

Code of Federal Regulations, 2012 CFR

2012-07-01

... President by the Constitution and the laws of the United States of America, including the International... United States of America, find that the activities of significant transnational criminal organizations... property and interests in property that are in the United States, that hereafter come within the United...

31 CFR Appendix A to Part 590 - Executive Order 13581 of July 24, 2011

Code of Federal Regulations, 2013 CFR

2013-07-01

... President by the Constitution and the laws of the United States of America, including the International... United States of America, find that the activities of significant transnational criminal organizations... property and interests in property that are in the United States, that hereafter come within the United...

33 CFR 1.07-85 - Collection of civil penalties.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 33 Navigation and Navigable Waters 1 2014-07-01 2014-07-01 false Collection of civil penalties. 1... GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-85 Collection of civil penalties. (a) Payment of a civil penalty may be made by check or postal money order payable to...

78 FR 16867 - Solicitation of Comments on Request for United States Assumption of Concurrent Federal Criminal...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-19

... encourages all comments be submitted electronically through http://www.regulations.gov using the electronic... order, or judicial decision has conferred jurisdiction on a particular government. The Tribal Law and... to the provisions of 28 CFR 50.25. DATES: Written comments must be postmarked and electronic comments...

Awareness of Forensic Odontology among Legal Professionals, Chennai, India

PubMed Central

Selvajothi, Packiaraj; Lavanya, Chandra; Joshua, Elizabeth; Rao, Umadevi K.; Ranganathan, Kannan

2014-01-01

Background: The forensic discipline of law is a multidisciplinary team comprising of specialists in forensic medicine, forensic odontology, security and law. Aim: The study was to find the awareness level of scope and utility of forensic odontology among lawyers in Chennai, South India. Materials and Methods: A cross-sectional study using a self administered structured questionnaire was conducted in 200 lawyers between August and September of 2013. The data was analyzed depending on age, gender, type and years of practice. Results: Lawyers above 40 years of experience were more aware of palatal rugae analysis (P = 0.02), and those with more than 20 years were aware of lip print (P = 0.001) and bite mark analysis (P = 0.001). Males were more aware of forensic odontology with respect to criminal identification (P = 0.001). The knowledge of bite mark analysis was higher among male lawyers (P = 0.001), civil and criminal practicing lawyers (P = 0.004). All participants were aware that loss or fracture of tooth constitutes a grievous injury under Indian Penal Code (IPC) 320 clause 7(5). Conclusion: This study highlighted the knowledge of forensic odontology among legal professionals and also identified the areas in which they need further appraisal. PMID:25535602

Euthanasia: Murder or Not: A Comparative Approach

PubMed Central

BANOVIĆ, Božidar; TURANJANIN, Veljko

2014-01-01

Abstract Background Euthanasia is one of the most intriguing ethical, medical and law issues that marked whole XX century and beginning of the XXI century, sharply dividing scientific and unscientific public to its supporters and opponents. It also appears as one of the points where all three major religions (Catholic, Orthodox, and Islamic) have the same view. They are strongly against legalizing mercy killing, emphasizing the holiness of life as a primary criterion by which the countries should start in their considerations. Studying criminal justice systems in the world, the authors concluded that the issue of deprivation of life from compassion is solved on three ways. On the first place, we have countries where euthanasia is murder like any other murder from the criminal codes. Second, the most numerous are states where euthanasia is murder committed under privilege circumstances. On the third place, in the Western Europe we have countries where euthanasia is a legal medical procedure, under requirements prescribed by the law. In this paper, authors have made a brief comparison of the solutions that exist in some Islamic countries, where euthanasia is a murder, with Western countries, where it represents completely decriminalized medical procedure. PMID:26056652

Unraveling the Genetic Etiology of Adult Antisocial Behavior: A Genome-Wide Association Study

PubMed Central

Tielbeek, Jorim J.; Medland, Sarah E.; Benyamin, Beben; Byrne, Enda M.; Heath, Andrew C.; Madden, Pamela A. F.; Martin, Nicholas G.; Wray, Naomi R.; Verweij, Karin J. H.

2012-01-01

Crime poses a major burden for society. The heterogeneous nature of criminal behavior makes it difficult to unravel its causes. Relatively little research has been conducted on the genetic influences of criminal behavior. The few twin and adoption studies that have been undertaken suggest that about half of the variance in antisocial behavior can be explained by genetic factors. In order to identify the specific common genetic variants underlying this behavior, we conduct the first genome-wide association study (GWAS) on adult antisocial behavior. Our sample comprised a community sample of 4816 individuals who had completed a self-report questionnaire. No genetic polymorphisms reached genome-wide significance for association with adult antisocial behavior. In addition, none of the traditional candidate genes can be confirmed in our study. While not genome-wide significant, the gene with the strongest association (p-value = 8.7×10−5) was DYRK1A, a gene previously related to abnormal brain development and mental retardation. Future studies should use larger, more homogeneous samples to disentangle the etiology of antisocial behavior. Biosocial criminological research allows a more empirically grounded understanding of criminal behavior, which could ultimately inform and improve current treatment strategies. PMID:23077488

A Latent Class Analysis of Family Characteristics Linked to Youth Offending Outcomes.

PubMed

Chng, Grace S; Chu, Chi Meng; Zeng, Gerald; Li, Dongdong; Ting, Ming Hwa

2016-11-01

There were two aims to this study: firstly, to identify family subtypes of Singaporean youth offenders based on eight family variables. Secondly, the associations of these family subtypes with youth offending outcomes were tested. With a sample of 3,744 youth, a latent class analysis was first conducted based on eight family variables. Multivariate analyses and a Cox regression were subsequently performed to analyze the associations of the family classes with age at first arrest, age at first charge, and recidivism. A three-class solution was found to have the best fit to the data: (1) intact functioning families had little family risk; (2) families with criminality had higher probabilities of family criminality, of drug/alcohol abuse, and of being nonintact; and (3) poorly managed families received the poorest parenting and were more likely to be nonintact. Youth offenders from the latter two classes were arrested and charged at younger ages. Additionally, they reoffended at a quicker rate. Family backgrounds matter for youth offending outcomes. Interventions have to be multifaceted and targeted at the family in order to mitigate the risk of young offenders from developing into pathological adult criminals.

A Latent Class Analysis of Family Characteristics Linked to Youth Offending Outcomes

PubMed Central

Chu, Chi Meng; Zeng, Gerald; Li, Dongdong; Ting, Ming Hwa

2016-01-01

Objectives: There were two aims to this study: firstly, to identify family subtypes of Singaporean youth offenders based on eight family variables. Secondly, the associations of these family subtypes with youth offending outcomes were tested. Methods: With a sample of 3,744 youth, a latent class analysis was first conducted based on eight family variables. Multivariate analyses and a Cox regression were subsequently performed to analyze the associations of the family classes with age at first arrest, age at first charge, and recidivism. Results: A three-class solution was found to have the best fit to the data: (1) intact functioning families had little family risk; (2) families with criminality had higher probabilities of family criminality, of drug/alcohol abuse, and of being nonintact; and (3) poorly managed families received the poorest parenting and were more likely to be nonintact. Youth offenders from the latter two classes were arrested and charged at younger ages. Additionally, they reoffended at a quicker rate. Conclusions: Family backgrounds matter for youth offending outcomes. Interventions have to be multifaceted and targeted at the family in order to mitigate the risk of young offenders from developing into pathological adult criminals. PMID:28736458

Predictors of the sex offender civil commitment trial outcomes in New York State.

PubMed

Lu, Yunmei; Freeman, Naomi J; Sandler, Jeffrey C

2015-10-01

The present study analyzed sex offender civil management (i.e., civil commitment) legal proceedings in New York State and identified factors that predict trial results. Specifically, the current study compared a sample of 38 sex offenders who were released to the community after winning their civil management trials to 183 sex offenders who lost their civil management trials. Additionally, for the 183 sex offenders who lost their civil management trials, the current study compared 146 offenders who were ordered to inpatient civil commitment to 37 offenders who were deemed fit for civil management in the community. Results of the analyses indicated that sexual criminality, sexual deviance, and criminality involving child victims increased the likelihood of offenders both losing their civil management trial and being found to be in need of inpatient care, while the presence of variables associated with nonsexual criminality increased the likelihood of offenders both winning their civil management trials and being deemed fit for management in the community. The findings of this study provide guidance for psychiatric examiners who testify in civil management legal proceedings, as well as for legal professionals specializing in civil management cases. (c) 2015 APA, all rights reserved).

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

PubMed Central

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

2016-01-01

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

The 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

Criminal defense in Chinese courtrooms: an empirical inquiry.

PubMed

Liang, Bin; He, Ni Phil

2014-10-01

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

Does out-of-home placement mediate the relationship between child maltreatment and adult criminality?

PubMed

DeGue, Sarah; Spatz Widom, Cathy

2009-11-01

Existing research on child welfare interventions as mediators of the criminal consequences of child maltreatment has focused on juvenile delinquency rather than adult criminality. This study uses a prospective sample of 772 maltreated youth to examine out-of-home placement as a mediator of adult criminality. Arrest data were collected from official records when the full sample was a mean age of 31.8, having ample opportunity for involvement with the criminal justice system. Overall, out-of-home placement showed a neutral or slightly positive effect on adult criminality compared to no placement, consistent with earlier findings. However, prior delinquency and placement instability were significant risk factors for adult criminality. Gender, not race, was identified as a significant moderator of the relationship between placement and adult criminality, with different patterns of response to placement for males and females. Thus, whether placement experiences influence adult criminal consequences of child maltreatment might depend on prior delinquency, placement stability, and gender.

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.

Invited address: James Joyce, Alice in Wonderland, The Rolling Stones, and criminal careers.

PubMed

Piquero, Alex R

2011-07-01

The study of criminal careers generally, and patterns of continuity and change in criminal offending in particular, has been a long-standing interest to social scientists across many disciplines. This article provides readers with an overview of this line of research. After an introduction to the criminal career perspective, the article presents several 'facts' that have emerged from criminal career studies. This material segues into a discussion of theories based on criminal careers research as well as a related discussion of the emerging methods and trends in the area. The article closes with some observations about public policy with respect to criminal careers knowledge and identifies some neglected research needs. A key summary conclusion is that the processes associated with continuity and change are not mutually exclusive, but instead are important and complimentary aspects of criminal careers research.

Fighting trafficking of falsified and substandard medicinal products in Russia.

PubMed

Fayzrakhmanov, N F

2015-01-01

The trafficking of falsified and substandard medicinal products is a global socio-economic problem, which poses a serious threat to economy and health of populations of most countries, including the Russian Federation. To identify the main achievements and challenges in the fight against trafficking of falsified and substandard medicinal products in the Russian Federation, to formulate possible solutions to these problems. The study of criminal cases and statistical information about the level of crime in the Russian Federation; legal analysis of regulatory legal acts in the sphere of criminal law and turnover of medicinal products; review of scientific and practical publications. The problem of trafficking of falsified and substandard medicinal products in the Russian Federation was publicly discussed in the late 1990s - early 2000-ies, first in the media and special editions, later this phenomenon was the subject of extensive discussions at international conferences, in public authorities and public circles. However, the most significant results in tackling this problem were achieved only in the last 5 years.Thus, in 2010, the Russian Federation first joined the annual international police operation under the code name Pangaea, held since 2008 on the initiative of Interpol and the Medicines and Healthcare products Regulatory Agency of the World Health Organization (MHRA WHO). From year to year, the special operation Pangea unites the efforts of many countries from different continents and aims to eliminate transnational criminal groups operating through a global network the Internet. In 2010, as a result of large-scale international inspections 1 200 Internet sites were revealed, through which the fake medicines were spread and 10,000 boxes of medicines were seized, making more than a million falsified tablets in the amount of 2.6 million USA dollars. In 2011, in a special operation Pangea IV was attended by 165 different organizations from 81 countries, including 72 customs, 30 regulators, 26 police and representatives of Interpol from 37 countries. Closed 13 495 illegal websites, seized about 8,000 packages of fake medicines, containing about 2.5 million doses. In 2015, the special operation Pangea VIII was held on the territory of 115 member States of Interpol. In the Russian Federation this operation was carried out jointly by the Ministry of internal Affairs, Federal customs service, the Federal Service on Surveillance in Healthcare of Russian Federation, the Federal Drug Control Service of the Russian Federation and their regional subdivisions. As a result of this operation 34 criminal cases were initiated in our country in connection with hard drugs, falsified and substandard medicinal products and biologically active additives under the guise of high-performance drugs. Special attention during the operation was given to uncontrolled Internet sale of medicinal products and biologically active additives at a price, which was significantly higher than the actual costs, under the guise of highly effective means of treatment for various diseases. In General, in the Russian Federation 448 administrative offences were identified, which resulted in withdrawal of more than 268 thousand units of medicines from illegal circulation, worth over 9 million rubles; 40 thousand falsified and substandard preparations Contex and Durex for personal contraception were withdrawn. The mobile laboratory has conducted screening program of quality in respect of 294 samples of medicines. It identified 20 parties of dubious authenticity. A message about 264 Internet sites which sell medicines in violation of applicable Russian legislation was sent to the coordinating headquarters of the General Secretariat of Interpol. An official statement with Internet service providers on cessation of activities at these sites was issued [1].On 26-28 October 2011, Moscow hosted an international high-level conference on counterfeiting of medicinal products, which was attended by more than 750 professionals in the field of law and pharmacy from different countries, including USA, China, countries of the European Council and the Commonwealth of Independent States. At the end of the conference the Convention on the counterfeiting of medicinal products and similar crimes involving threats to public health, was signed, which was called Medicrime [2]. The Convention was signed by representatives of Austria, Germany, Israel, Iceland, Italy, Cyprus, Portugal, Russian Federation, Finland, France, Ukraine, Switzerland. The Medicrime Convention is the first legal agreement in the field of criminal law aimed at criminalizing the trafficking of falsified and substandard medicinal products, as well as aimed at providing legal support for the investigation of these crimes at the international level. The positive side of the Convention of the Council of Europe Medicrime is that it is open for signature not only by member States of the Council of Europe and the European Union, but also by States that are not members of the Council of Europe, but participated in the elaboration of a Convention or have observer status with the Council of Europe. In addition, the Convention is open for signature by any other state at the invitation of the Committee of Ministers of the Council of Europe. The Convention introduces the responsibility for the production, storage and distribution of falsified medicinal products, active substances, excipients, components, materials and supplies; the use of falsified documents related to the trafficking of medicinal products (Articles 5, 6, 7). This legal act regulates the cooperation between the health authorities, customs, police and other competent authorities at international and national level (Articles 17, 21, 22).One of the results of the legal implementation of the rules of the Convention Medicrime in the Russian legislation was the adoption of the Federal law of the Russian Federation dated 31.12.2014 No. 532-FZ On amendments to certain legislative acts of the Russian Federation on countering the trafficking of falsified, counterfeit, substandard and unregistered medicines, medicinal devices and falsified biologically active additives [3]. The law came into force on 23 January 2015. In accordance with the Federal Law of the Russian Federation Criminal Code is supplemented by three new articles: Article 235.1. Illegal manufacture of medicines and medicinal devices; article 238.1. Circulation of falsified, substandard and unregistered medicines, medicinal devices and trafficking in falsified biologically active additives; article 327.2. Forgery of documents on medicines or medicinal devices or the packaging of medicines or medicinal devices [4].Although there are some deficiencies in the wording of these penal regulations, we believe their introduction in the Criminal Code is a serious step forward by the state to neutralize the trafficking of falsified and substandard medicinal products, and consequently to ensure the safety of the nation's health and economic security of the country. The inclusion of these special articles in the Criminal Code will allow to analyze statistical information on their practical application by the authorities, to investigate crimes, to fully implement the monitoring, prediction and prevention of these socially dangerous acts. It will contribute to the development and implementation of effective management decisions on the identification and investigation of crimes of this type.In recent years, in the framework of the joint preventive measures to combat the circulation of falsified and substandard medicinal products there has been some constructive interaction between law enforcement and regulatory authorities, primarily by the bodies of internal Affairs and units of the Federal Service on Surveillance in Healthcare of Russian Federation. During 2010-2013 researches in the field of Economics, International and Criminal Law, Criminology, Criminalistics, Operatively-search activity, devoted to the development of measures to neutralize trafficking of falsified and substandard medicinal products, were developed as reserved dissertations. The legislation in the sphere of protection of public health and the turnover of medicines was updated.Thus, trafficking of falsified and substandard medicinal products in the Russian Federation at present is not an appeal and not a theory, but there is a real activity of specialists in the field of law and pharmacy, with a certain legal framework, scientific and methodological support.However, this problem is not yet solved. The Indicator of withdrawn from circulation of falsified and substandard drugs remains high. In Russia by the end of 2014, 1 109 batches of substandard, falsified and counterfeit medicines were detected and withdrawn from circulation. The volume of state quality control of medicines coming into circulation accounted for 16,3% [5]. A serious danger is the increased level of falsification of pharmaceutical substances, 80% of which is imported to the Russian Federation on indirect contracts from China and India without proper control at customs posts.The study of criminal cases and statistics about the trafficking of falsified and substandard medicinal products in the Russian Federation leads to the conclusion that this crime is of a latent character. Every year about 50 crimes are detected, for only 30-35 of them criminal cases are initiated, and only 15-20 of the investigated criminal cases are submitted to court. This indicates serious problems in proving the guilt of the perpetrators of these crimes and bringing them to justice. The fight against this crime requires long and reliable operational development of criminal groups, qualified investigation and trial. (ABSTRACT TRUNCATED)

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

The Influence of Client Risks and Treatment Engagement on Recidivism

PubMed Central

YANG, YANG; KNIGHT, KEVIN; JOE, GEORGE W.; ROWAN-SZAL, GRACE A.; LEHMAN, WAYNE E. K.; FLYNN, PATRICK M.

2018-01-01

The current study modeled 12 month post-release re-arrest (recidivism) in terms of pretreatment risk factors (i.e., criminal history, criminal thinking,) and during-treatment engagement in a sample of 653 subjects admitted to four prison-based substance treatment programs. Structural Equation Modeling was used to test during-treatment engagement as a mediator variable in explaining the relationship between the pretreatment risk factors and recidivism. Results indicated that (1) a long history of criminal conduct correlated with criminal thinking, which in turn had a significantly negative relationship with engagement in treatment; (2) the level of criminal involvement had a significant relationship with re-arrest, whereas the level of criminal thinking did not influence being re-arrested directly; (3) the relationship between criminal history and re-arrest was partially mediated by criminal thinking and treatment engagement, whereas the relationship between criminal thinking and re-arrest was fully mediated by treatment engagement. The findings suggest that it is important to design interventions targeting criminal thinking and monitor treatment engagement as an indicator of treatment performance. Clinical implications also include the importance of facilitating treatment engagement and the utility of conducting prognostic assessment to inform treatment. PMID:29353986