Suchergebnisse

This paper looks at the decision-making process in cases involving immigration-related crimes. Based on interviews with practitioners and immigration staff and the analysis of court-files, it disentangles the criteria guiding both enforcement officers and prosecutors in the decision to criminally proceed against suspected immigration offenders. The reasons behind the policy and practice of prosecuting immigration crimes show that criminal law is but one means to enforce immigration rules. The role that criminal law is called to play in this context is purely instrumental as the main consideration for pursuing a case is the impact that it may have on immigration enforcement. Criminal law is emptied of any condemnatory function and, as such, its primary function of censuring wrongs is disrupted. The examination of the decision-making process in these cases reveals how problematic it is to reconcile retribution and punishment with immigration imperatives.

The economic literature on enforcement is generally pessimistic concerning the use of legal aid. In this paper we show that legal aid can be a part of optimal law enforcement. The rationale behind our result is that with legal aid, in a system with legal or judicial error both guilty and innocent individuals are better off, because the marginal cost of defence expenditure is reduced. If, on average, legal aid helps the innocent more than the guilty, a government seeking to maximize social welfare will want to use it in order to increase deterrence.

This research aims to analyze the criteria of political parties' criminal liability on corruption criminal offense and the obstacles of law enforcement. It also aims to analyze the regulations and its application in the future. This is normative research that uses literature review. It analyzes secondary data in the form of primary, secondary, and tertiary legal materials. The research results show: (1) criminal liability of political parties in corruption cases may only be demanded if the crime is carried out in the name of the political parties or if it is based on a mandate of that party; (2) the juridical factors which inhibits criminalization of political parties include the corruption regulations' incapability to penalize them, there are contradictive legal norms between that of corporations and political parties, and that not all corporate criminal sanctions may be imposed to political parties; and (3) it is hoped that the legal regulations on corruption may categorize political parties as corporations, to give a deterrent effect to political parties involved in corruption.

Criminal growth, reach the age that person has the power of discernment and full recognition of good and evil actions and understand the legal and religious commandments and on the basis of the criminal in front of their criminal acts, will have criminal responsibility. This article is to examine the criminal liability of children with attitudes to Iran and some countries with international rules. United Nations as a global organization, without following any legal system and also due to the diverse needs of member countries, providing solutions in the field of juvenile delinquency in the form of documents that primarily to improve the national law in this area is rich countries that are not and need international assistance. According to the documents of the United Nations, having a special child rights law is that all children and young people who live in this vast universe, must have it and this national legislation in this regard, it can take effective steps for the rights of children, following the international rules in this area. Criminal growth requires criminal responsibility and with recent developments of the Islamic Penal Code, many former legal forms have been overcome and effective steps have been taken in order to keep pace with human rights law, which has long attached great importance to this issue.

Cases, law reports and case references : a guide -- Introduction -- Case law -- Statute law -- Statutory interpretation -- Delegated legislation -- European law -- Custom -- Equity -- Treaties -- Law reform -- The judges -- The legal professions -- The jury -- Magistrates -- Administration of justice -- Paying for legal services -- Introduction to human rights -- Remedies for infringement of human rights -- The police -- The criminal trial process -- Sentencing -- Young offenders -- Criminal appeals -- The civil trial process -- Tribunals -- Alternative methods of dispute resolution -- Civil appeals and judicial review -- Law and rules -- Law and morals -- Law and justice

Micropractices of justice making : the moral and political economy of the "rule of law" -- Crafting the victim, crafting the perpetrator : new spaces of power, new specters of justice -- Multiple spaces of justice : Uganda, the International Criminal Court and the politics of inequality -- "Religious" and "secular" micropractices : the religious roots of secular law, the political content of radical Islamic beliefs -- "The hand will go to hell" : Islamic law and the crafting of the spiritual self -- Islamic sharia at the crossroads : human rights challenges and the strategic reworking of vernacular imaginaries

The issue of "paradigm" is always interesting to be discussed and debated. Differing views of jurists preceded by a paradigm that is used in building the argument juridical (legal reasoning). That difference, also under the influence of methods of learning in higher education law. This implies, that a scientist law will never probably be in the zero point in issuing his views and will always be subjective.The issue becomes interesting, when Indonesia, was clearly an explicit through the fourth paragraph of the preamble NRI 1945 confirms Pancasila as a paradigm of the whole life of the state and society. Thus, Pancasila is the only paradigm (Philosophy) Law recognized and acknowledged in some legislation. So, again the problem is whether the law enforcement in Indonesia has been able to absorb the essence of Pancasila it self.

Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

Primary resources: Federal statutes; Federal regulations; Federal agencies; Federal case law; State laws/regulations; State agencies/commissions -- Secondary resources: American law reports; Legal encyclopedias; Wikipedia; Congressional Research Service; Organizations, blogs, and websites; Legal publications, law journals & books; Law school and library databases; Westlaw; Handbooks, guides & compliance reports.