Suchergebnisse

This article explores the relationship between law and social work. It navigates the importance of the relationship and the similarities and differences between the objectives of legal and social work practitioners. It critically reviews transnational conventions and how individual countries have legislated to safeguard and promote the welfare of children and adults at risk. It reflects on how far nation-states uphold human rights and the rule of law and evaluates how social work has been positioned and has performed in different legislative contexts.

The growing inter-relatedness between EC and EU law with national criminal law can be well illustrated with the example of enforcement of EU law. Criminal law is one of the latest examples of increasing European integration within the perimeters of explicit competences of EU/EC law which additionally is driven ahead by what functionalist theories of European integration might refer to as a spill-over of approaches. Necessities of crossborder crime and criminal enforcement make cooperation necessary. The latter takes place to a certain degree on the basis of positive law established on the basis of the Treaties. It also takes place in the context of evolutionary development of what one might refer to as 'administrative networks.'

"The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?"--Bloomsbury Publishing

The article deals with certain problems arising out of implementation of criminal liability of legal entities in Ukraine. The author researches experience of criminal liability of legal entities in some foreign countries and analyzes existing problems of this institute. Foreign and national approaches to criminal liability of legal entities have been compared. The issue of incompliance between international standards in criminal law and traditional approaches to the main institutes of criminal law in Ukraine has been considered. The article deals with theoretical and practical application of criminal liability against legal entities. Grounds for criminal liability and types of punishment which can be applied to legal entities and their future implementation in Ukraine have been emphasized. It has been established that economic imfluence is the most effective against legal entities. That is why the most common type of sanctions for legal entities is fine. Implementation of criminal liability of legal entities in foreign legislation was a significant step towards counteraction to illegal activities of these entities. Foreign experience is useful and efficient for future implementation of European integration of Ukraine and attempts to solve existing problems related to bringing of legal entities to liability. At the same time, it would be possible to use experience of the state which implemented the most effective mechanisms of impact on legal entities for corruption and other crimes. For national legislation this step is really revolutionary. But if the legislator is interested that this institute operates effectively certain amendments and supplements to the Criminal Code of Ukraine are needed.

Introduction to American criminal law concepts -- Comparing tribal criminal law and American criminal law -- Using American criminal law to control American Indian Nations -- Traditional law today -- Introduction : what is criminal jurisdiction? -- Traditional criminal jurisdiction -- Limitations on tribal criminal jurisdiction imposed by the United States -- Exercising jurisdiction over crimes committed by non-Indians -- Criminal jurisdiction as defined by tribal courts -- Tribal criminal jurisdiction reform : the Tribal Law and Order Act and the Violence Against Women Act -- State and tribal court collaboration -- Overview of criminal laws : statutes and procedures -- The mental state -- A closer look at criminal elements -- Is helping a criminal act? Preliminary crimes and accomplice liability -- Criminal defenses -- The burden of proof -- Rights of criminal defenders -- The law of arrest -- Interrogations and confessions : the right to remain silent -- Search and seizure -- The Exclusionary Rule : remedies for civil rights violations --The right to an attorney/advocate -- Defendant rights at trial -- Victims' rights -- Sentencing : fines and incarceration -- Tribal restorative justice

Legal pluralism was a fundamental feature of the political order in colonial Indonesia. It arose not only from the parsimony of the Dutch East India Company (VOC), but also from colonial doctrine. In the nineteenth century, pressure grew to move from pluralism to universalism in law, and policy battles were fought over a series of issues�the arbitrary rights of colonial officials, flogging (rottingslagen), and the death penalty�but progress towards legal unification was slow and incomplete. Legal pluralism had a lasting effect on Indonesians� attitudes to cultural diversity.

Legal pluralism was a fundamental feature of the political order in colonial Indonesia. It arose not only from the parsimony of the Dutch East India Company (VOC), but also from colonial doctrine. In the nineteenth century, pressure grew to move from pluralism to universalism in law, and policy battles were fought over a series of issues�the arbitrary rights of colonial officials, flogging (rottingslagen), and the death penalty�but progress towards legal unification was slow and incomplete. Legal pluralism had a lasting effect on Indonesians� attitudes to cultural diversity.

The strict criminal liability is one of the institutions which has been accepted and expanded its dimensions in countries, including England, since 19th century. Although, criminal intent or fault is the most important elements of every offenses, but, due to some reasons, such as expediency, necessity, benefit, increasing prevention index, the mens rea element of offense, fully or partially, is sometimes removed or presumed. In Iran's criminal legal system, this legal institution has not been considered formally and explicitly by the legislator, but recently, Iranian legal experts, given some existing necessities, try to put some offenses into the category of the strict criminal liability. In fact, some offencesin criminal legal system, namely traffic offences, bounced cheque, injuries resulted from medical operations and some environmental offences, can be placed under the title of the strict criminal liability. Despite many problems to which the acceptance and development of the strict criminal liability may be faced, It seems, in many cases, this institution can solve the problems related to difficulties of proof and ascertainment of the criminal intent beforecourts. Also, today, Iranian judicial courts don't take into account the mens rea practically and presume itin many cases.