Scientific Progress and Criminal Law
In: Soviet Law and Government, Band 9, Heft 2, S. 172-187
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In: Soviet Law and Government, Band 9, Heft 2, S. 172-187
In: The annals of the American Academy of Political and Social Science, Band 525, S. 134-146
ISSN: 0002-7162
The use of criminal sanctions to punish or deter violations of environmental law is debated. Arguments favoring the criminalization of such laws point to their deterrent capacity & reflect the desire of some to exact moral retribution on offenders. Arguments against penalties & punishments focus on potential for overkill, procedural complexity, & high implementation costs. In weighing these arguments, a balance must be struck in evaluating the legal & organizational advantages/disadvantages against alternative measures for gaining compliance. These include publicizing the polluter's activities, economic incentives, civil sanction, equity fines, the pass-through fine, educational strategies, internal restructuring, cooperative lawmaking, external investigations, & community service orders. Adapted from the source document.
In: (Hornbook Case Series)
In: Law & policy, Band 16, Heft 3, S. 341-362
ISSN: 1467-9930
This study views legal process as part of an interactive web of social and cultural relationships. While law may create public policy, its own creation is part of a complex system of institutional deference and subjective behaviors which reflect a larger cultural context. The fears engendered by AIDS help to highlight the underlying cultural biases and patterns of disease scare management ingrained in legal policymaking. These patterns are again enhanced when placed in a criminal context where the resident focus is one of controlling those who precipitate anxiety. Using a method of qualitative comparative analysis, this study concludes that the historical patterns of bias and institutional deference in disease scare management continues in modern criminal court process.
Recent events have given attention to the public perception of criminal justice field in the United States. Although there has been much political debate about problems in the criminal justice field, attention should be turned to the prospective employees who will soon be seeking out these debates: college students seeking to enter the criminal justice field. The current study did that through survey data obtained from 112 students enrolled in criminal justice courses at East Tennessee State University during the Fall 2020 semester. Analysis revealed much about student interest in various criminal justice occupations, their perceived ability to perform the duties associated with them and the factors that motivated their decision-making. It also indicated that certain characteristics may influence desire to enter the policing and legal fields. Each of these findings is discussed.
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In: Transnational criminal justice
"The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff"--
The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and the "separation of powers" is often used to refer to distinct, and sometimes contradictory, concepts. This Article reexamines the justifications for the separation of powers in criminal law. It asks what is important about separating criminal powers and what values such separation serves. It concludes that in criminal justice, the traditional Madisonian approach of separating powers between functionally differentiated political institutions—legislature, executive, and judiciary—bears no necessary connection to important values like preserving liberty, preventing tyranny, and safeguarding the rule of law. Not only is adhering to the traditional Madisonian approach to separation of powers insufficient to promote these values, it is likely unnecessary to protect them as well. Instead of the separation of powers, the organizing principle for the structure of the criminal justice system should be the distinct idea of "checks and balances." A checks-and-balances approach would emphasize the diffusion of decisionmaking power among different social and political interests in society; functional duplication and overlapping jurisdiction between different decisionmakers; insulation of decisionmaking power by individual actors within single institutions, along with more formal checking roles for non-state actors; and careful design to optimize electoral accountability.
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In: Max Planck Institute for Legal History and Legal Theory Research Paper Series No. 2022-01
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In: in Philip Kastner (ed.), International Criminal Law in Context, Taylor and Francis (2017).
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Money laundering criminal acts are referred to as follow-up crimes and follow-up actions, money laundering is a follow-up action that is continued or an original crime (predicate crime) while the follow-up perpetrator of the findings of a large fund that appears to be clean or lawful , using sophisticated, creative and complex methods The purpose of deciding on this Test is, namely; First, the Current Criminal Law Policy Can Overcome Money Laundering in Indonesia, Secondly, Constraints that back down in the Criminal Law Policy in overcoming Money Laundering in Indonesia.This type of research can be classified in the type of Normative Law research. Data collection in this study uses library research methods (library research) or documentary studies that is by using documentary studies or library materials both from print, automatic and books that discuss with this legal research, data sources used, primary data, secondary data and tertiary data, data collection techniques in this study with library studies.From the results of the study there are two main things that can be concluded. First, criminal law policy in the renewal of criminal law in the field of money laundering crimes that focuses on the policy formulation of criminal acts, criminal liability, and criminal sanctions In other words, renewal of criminal law requires the existence of research and thinking on a central problem and very fundamental and strategic in formulated in a statutory regulation. Criminal law policy in the framework of overcoming money laundering crimes can be formulated as an effort to make and form regulations on criminal law in the future effectively and efficiently. Second, Constraints in dealing with money laundering crimes in addition to the Constraints of the Financial Transaction Analysis Center (PPATK), Banking constraints, Police Investigator Constraints and lack of coordination between other law enforcement officers in carrying out money laundering and government efforts to overcome obstacles - these obstacles. In carrying out their respective roles synergies between these institutions are needed to prevent and eradicate money laundering crimes that apply effectively, Suggestion the author, first, It is expected that in money laundering regulations, the government is expected to be more assertive in formulating criminal acts, criminal liability, sanctions or penalties so that money laundering criminals feel more afraid, this is to reduce future money laundering crimes, Secondly, It is hoped that banks will implement a single Idenity number system so that banks can obtain the identity of service users and avoid fake identity users to use with the aim of conducting money laundering.Keywords: Legal Policy - Eradication - Crime - Money Laundering
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In Spring 2012 a series of lectures was held at the Faculty of Law of the University of Trieste, focusing on selected relevant aspects related to the various legal subjects that are normally taught in the ordinary courses of our Faculty (Constitutional Law, History of Law, European and Comparative Law, Private International Law, Italian Private Law, Criminal Law). The lectures were mostly given in foreign languages by Italian and foreign colleagues, in particular young academics. Later it was decided to collect and publish some of the lectures in a volume: Sources of Law and Legal Protection. Triestine Lectures, adding a limited number of contributions delivered at two different conferences. This volume will be the first of a series designed to collect teaching materials, mostly in English and German, to be distributed in the academia . The internationalization and globalization pose a challange to law: also university education should strive to master it. The contributions reveal a clear scientific approach in dealing with the various subjects. The purpose of this book is to create a channel for the circulation of writings by young academics. Therefore it was considered appropriate to establish a scientific committee of external referees, as a means to guarantee the high quality of the individual contributions.
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In: Boston College Law School Legal Studies Research Paper No. 260
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Working paper
In: The military law and the law of war review: Revue de droit militaire et de droit de la guerre, Band 53, Heft 1, S. 167-170
ISSN: 2732-5520
In: The military law and the law of war review: Revue de droit militaire et de droit de la guerre, Band 49, Heft 1-2, S. 249
ISSN: 2732-5520