Suchergebnisse

This article comments on Peta Spyrou's article in this volume entitled 'Civil Liability for Negligence: An Analysis of Cyberbullying Policies in South Australian Schools'. It considers whether the two established legal regimes of tort law and the criminal law can offer a satisfactory response to the problem of cyberbullying by school children and then moves on to outline some innovative legislation introduced recently by the governments of Australia and New Zealand. It suggests that the law of torts is not currently equipped to deal directly with many of the problems caused by cyberbullying and argues that using the weight of the criminal law is not always an appropriate response to wrongs committed by school children. It concludes that the recent legislative initiatives offer a more efficient, effective and restorative response.

Abstract This paper focuses on the criminal law formulation policy related to criminal Law No. 22 of 2009 concerning Traffic and transportation. The policy formulation certainly need to be tied in every stage of the making, the implementation and accomplishment in order to create a sustain system. The formulation policy or the stage of making the law is a fundamental policy in criminal law policy because formulation policy is determinant of to whether a law could be applied in society. The issues discussed in this paper are: (1) How the formulation policy of criminal law in Law Number 22 Year 2009 regarding Traffic and transportation? (2) How the formulation policy of criminal law in the Law of Traffic and Transportation in the future? Firstly, the formulation policy of Law Number 22 Year 2009 regarding Traffic and Transportation will be discussed with three main discussion of criminal law which are criminal offense, criminal liability, and crime. Secondly, for the formulation policy of criminal law in the Law concerning traffic and transportation in the future the writer employs the concept of Penal Code 2012 as consideration to attain a formulation that could improve the current formulation. Such formulations are as followed:(a) qualifying offense should be retained but must be consistent with the legislators in the inclusion of criminal penalty so legal result will be clear. (b) In the arrangement of criminal penalty the criminal objective and guideline is needed. Keywords: policy formulation, criminal law, and Traffic

In the 1980s and 1990s, China devoted extensive resources to constructing a legal system, in part in the belief that legal institutions would enhance both stability and regime legitimacy. Why, then, did China's leadership retreat from using law when faced with perceived increases in protests, citizen complaints, and social discontent in the 2000s? This law-stability paradox suggests that party-state leaders do not trust legal institutions to play primary roles in addressing many of the most complex issues resulting from China's rapid social transformation. This signifies a retreat not only from legal reform, but also from the rule-based model of authoritarian governance that has contributed much to the resilience of the Chinese system. The law-stability paradox also highlights the diffculties facing efforts by China's new leadership to reinvigorate legal reform.

The best way in an effort to manage investment is by transplanting, adopting laws, harmonization by making breakthroughs to existing regulations, such as in the case of implementing the Job Creation Law. The Omnibus Law offered by the government as a "practical and pragmatic" solution is a political and legal policy to cut various regulatory barriers, to simplify bureaucracy, to accelerate services, to increase efficiency, to increase competitiveness, and to prevent opportunities for corrupt behavior. The government must evaluate this law (Job Creation) where there is still overlap without regard to regulations. The statement of the problem in this scientific paper is why there is a conflict of interest and regulations that are not in accordance with the laws and regulations? As normative juridical research, this research is based on an analysis of legal norms. The Omnibus Law is a political product. In the process of its discussion, the law resulted from a political process. The government must evaluate this law (Job Creation) where in the process of making it there is still overlap without regard to regulations.

CLIFFSQUICKREVIEW Criminal Justice -- About the Author -- CONTENTS -- PREFACE -- CHAPTER 1 THE CRIMINAL JUSTICE SYSTEM -- The Structure of Criminal Justice -- The Process of Criminal Justice -- The Politics of Criminal Justice -- Great Debates in Criminal Justice: Should the Crime Control Model or the Due Process Model Prevail? -- CHAPTER 2 CRIMINAL JUSTICE IN THE U. S. -- Citizen Participation -- Rights Consciousness and Civil Liberties -- Racial Disparities in American Criminal Justice -- Great Debates in Criminal Justice: Is the Criminal Justice System Racist? -- CHAPTER 3 CRIME -- Definitions of Crime -- Types of Crime -- Part I Offenses -- Drugs and Crime -- Guns and Crime -- Great Debates in Criminal Justice: Does Gun Control Reduce Crime? -- CHAPTER 4 CRIMINAL LAW -- Sources of Criminal Law -- The Nature of Criminal Law -- Functions of Criminal Law -- Legal Elements of a Crime -- Legal Defenses and Justifications for Crimes -- The Limits of Criminal Law -- Great Debates in Criminal Justice: Should Drugs Be Legalized? -- CHAPTER 5 DEVELOPMENT OF THE AMERICAN POLICE -- Policing Colonial America -- Developing the New Police -- Frontier Justice -- Progressive Police Reform -- Crime Control Decades (1919-1959) -- Policing the Social Crises of the 1960s -- Crime Control Revisited (1970s-1990s) -- Law Enforcement Goes High-Tech -- Great Debates in Criminal Justice: Should Police Take DNA Samples from All Arrestees? -- CHAPTER 6 POLICE FUNCTION -- The Nature of Police Work -- Police Systems -- Police Organization -- Police Strategies -- Great Debates in Criminal Justice: Does Community Policing Prevent Crime? -- CHAPTER 7 POLICE POWERS AND CITIZENS' RIGHTS -- Criminal Procedure and the Constitution -- The Right to Privacy -- The Exclusionary Rule -- The Fifth Amendment's Right Against Self-Incrimination

Through this paper we propose to analyze a very controversial subject in the matter of criminal law institutions, extended confiscation, a mechanism of substantial law that was not found in the original form of the Criminal Code, but which has raised a legal discussion since its implementation.
In this context, the paper analyzes issues that have been interpreted differently by judicial doctrine and practice, the correctness of the transposition of the directive on extended confiscation in relation to European Union standards, the interference of this sanction with the guarantees of European Convention of Human Rights, the issue of the application of this sanction in relation to the application in time of the criminal law and with regard to certain crimes, but also the interference with other extra-criminal institutions that have a reparative role in the patrimonial plan.

The article discusses the relationship between the physician and the patient through different branches of Turkish Law. The author explains the legal theory of physician (as self-employed as well as employed in hospital) – patient relationship in the limits of legislation and court practices, and gives special emphasis on contemporary open questions in Turkish Law. Special intentions is given also to criminal law, duty to inform, liability and consent. The author presents contemporary constitutional and supreme court decision relating to the Casarean, plastic surgery, burden of proof, compensations .

This article examines the early post-World War II civil rights organizing of black women radicals affiliated with the organized left. It details the work of these women in such organizations as the Civil Rights Congress and Freedom newspaper as they fought to challenge the unjust conviction and sentencing of black defendants caught in the racial machinations of U.S. local and state criminal justice systems. These campaigns against what was provocatively called 'legal lynching' formed a cornerstone of African American civil rights activism in the early postwar years. In centering the civil rights politics and organizing of these black women radicals, a more detailed picture emerges of the Communist Party-supported anti-legal lynching campaigns. Such a perspective moves beyond a view of civil rights legal activism as solely the work of lawyers, to examining the ways committed activists within the U.S. left, helped to build this legal activism and sustain an important left base in the U.S. during the Cold War. [Copyright 2005 Elsevier Ltd.]