Das Strafrecht des klassischen islamischen Rechts: mit einem Vergleich zwischen der islamischen und der modernen deutschen Strafrechtslehre
In: Reihe für Osnabrücker Islamstudien Band 7
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In: Reihe für Osnabrücker Islamstudien Band 7
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Working paper
In the United States, states typically pay for prisons, even though the decisions that lead to prison admissions — arresting, charging, and sentencing — are made by local officials. The practice of state subsidies is relatively recent: there were no state prisons in the early part of the country's history, and even as state institutions began to be developed, they largely supported themselves financially, rendering the notion of subsidies moot. Given the political economy of local decision-making, local preferences are unlikely to result in optimally-sized state prison populations. This Article suggests that since state prison subsidies may not be desirable and are certainly not inevitable, it may be time for states to reconsider paying for prisons.
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Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention--the ultimate goal--and addressing these problems in a comprehensive and systematic manner. Instead, efforts to date have been piecemeal and oriented toward dealing with exploitation of children after the harm occurs. This Article argues for refocusing efforts toward the development of a comprehensive, prevention-oriented strategy that addresses the root causes of these problems. The Article discusses how certain critical issues--(1) research/data; (2) program design; (3) the dominant principle guiding state responses; (4) stakeholder coordination; and (5) the interrelationship among rights--have been largely ignored in developing responses to child trafficking and commercial sexual exploitation. The Article suggests that, by focusing greater attention on these issues, governments and child advocates can develop more effective responses to the trafficking and commercial sexual exploitation of children, and increase the likelihood that responses to these problems will help prevent such abuse of children.
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In: Gosudarstvo i pravo, Band 81, Heft 7
ISSN: 0132-0769
In: International Journal of Transitional Justice, Band 1, Heft 1
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Even though many countries still permit husbands to rape their wives with little or no consequence, there is a growing trend that marital exemption is unjust and has no place in a civilized society. Recognition of the inappropriateness of marital exemption is, however, only the first step towards its elimination. To effectively equalize treatment of marital and non-marital rape, legislatures and judiciaries must take action. Several countries have already been host to the abolition of marital immunity, but their approaches may not be the most effective. This Note examines the experiences of England and Canada as examples of judicial and legislative abolition of marital exemption, respectively. The Author explores several factors that would lead to effective change, including timely alignment with societal morals, thorough and thoughtful consideration of the issues, and legitimacy in the eyes of citizens. After reviewing the effectiveness of approaches such as those employed in England and Canada, the Author argues that an even better method would rely on equal protection provisions found in state constitutions and international treaties.
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In: Policing and society: an international journal of research and policy, Band 16, Heft 4, S. 323-348
ISSN: 1477-2728
In: Futuribles: l'anticipation au service de l'action ; revue bimestrielle, Heft 274, S. 91-96
ISSN: 0183-701X, 0337-307X
In: Evaluation review: a journal of applied social research, Band 18, Heft 6, S. 678-688
ISSN: 0193-841X, 0164-0259
"Appendices: The articles of war . [Forms, etc.]": p. 486a-680 ; On verso of t.-p.: War Department. Document no. 1053. Office of the Judge Advocate General ; Mode of access: Internet.
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In: http://hdl.handle.net/2027/mdp.35112105499497
Supplement to Mitteilungen der Internationalen kriminalistischen Vereinigung, v. 11, no. 1 ; Mode of access: Internet.
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"El Gobernador Constitucional del Estado libre y soberano de Tamaulipas, á todos sus habitantes, sabed: Que el Congreso del mismo Estado ha decretado lo siguiente." Declaration of the constitutional governor of the state of Tamaulipas, to all its inhabitants, that the Congress has declared the following about the adoption of the Penal Code of the Federal District and the Territory of Baja California. ; https://scholarworks.utrgv.edu/elgobernador/1001/thumbnail.jpg
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In: Key ideas in criminology
This study presents constitutional law as an ideal framework to analyze the foreign relations of the State. Through a double standpoint, it examines these relations from the State's perspective and through the action of the empowered organs of the State. In this way, the study aims to highlight the institutional and normative specificities of State's foreign relations. When the State establishes diplomatic and military relations at the outer-limits of its borders, it assumes a singular role compared to other political non-state unities. It performs a political function (fonction-fin), as defined by Charles Eisenmann, which belongs to the field of foreign relations. This political function is hold by the State in order to fulfill one basic need of the sovereign collectivity: to establish and to maintain "good relations" outside its boundaries – irrespective of the conflictual or cooperative nature of these relations. Because law and politics are intertwined, the function of foreign relations do not pre-define the distribution of powers within the State. Nevertheless, it exerts some influence on the constituent's choices and on the practices of the empowered organs. At the interface between the State's interior and exterior, constitutional analysis enables therefore to reexamine many elements usually taken as evident. This study assesses them and observe its effects. For example, it is possible to nuance the State's monopoly on foreign relations and, through a historical perspective, to moderate the governmental concentration of the direction of foreign affairs. ; L'étude proposée soutient que le droit constitutionnel offre un cadre privilégié pour observer les relations extérieures de l'État. L'approche envisage de les appréhender à la fois au prisme de l'État lui-même, et à travers l'action des organes compétents organisés dans l'État. Cette étude entend ainsi mettre en lumière les spécificités institutionnelles et normatives des relations extérieures de l'État. Lorsque celui-ci établit des rapports à ...
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