Does Public Opinion Matter for Criminal Law? Revisable Life Imprisonment in Spain and Its Relationship with Social Demands

2021 ◽  
pp. 109-125
Author(s):  
Fernando Miró-Llinares ◽  
Ana B. Gómez-Bellvís
Keyword(s):  
Public Opinion ◽  
Criminal Law ◽  
Life Imprisonment

Introduction

2018 ◽  
Author(s):  
Jeremy Horder
Keyword(s):  
Public Opinion ◽  
Criminal Law ◽  
The State ◽  
Jury Trial ◽  
Members Of Parliament ◽  
Adequate Coverage

The criminal law has the resources to address corruption in politics, if prosecutors are willing to use it, and if courts are willing to interpret it so that it provides adequate coverage of wrongdoing, particularly wrongdoing in the form of personal corruption engaged in by Members of Parliament. There needs to be a greater willingness to expose the worst corrupt wrongdoers in high office to the risk of judgment at the bar of public opinion, in the form of jury trial. The offence of misconduct in office provides the most appropriate means of doing this. This is not just because it is likely to provide the most appropriate label, but because the offence highlights the constitutionally fundamental bond of trust between the citizen and the state that is broken when officials indulge in corruption.

The main types of penalties related to deprivation of liberty and their content under the Qatari Criminal Code (comparative legal analysis with certain norms of Russian legislation)

2020 ◽  
pp. 100-104
Author(s):  
Андрей Петрович Скиба ◽  
Андрей Владимирович Ковш ◽  
Александра Николаевна Мяханова
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Life Imprisonment

В статье проводится сравнительно-правовой анализ ряда норм катарского уголовного законодательства, а также российского уголовного и уголовно-исполнительного законодательства. Рассматриваются виды наказаний, связанных с лишением свободы, и их содержание по Уголовному кодексу Катара. Дополнительно обращается внимание на систему и содержание отдельных наказаний (в виде смертной казни, пожизненного лишения свободы и лишения свободы на определенный срок). Формулируется авторская редакция статей 57-62 Уголовного кодекса Катара, касающихся системы основных видов наказаний и их содержания. The article provides a comparative legal analysis of a number of norms of Qatari criminal law, as well as Russian criminal and penal enforcement legislation. The types of punishments related to deprivation of liberty and their content under the Qatari Criminal code are considered. In addition, attention is drawn to the system of punishments, the content of individual punishments (in the form of the death penalty, life imprisonment and imprisonment for a certain period). The author's version of articles 57-62 of the Criminal Code of Qatar concerning the system of main types of punishments and their content is formulated.

JAMES MACKINTOSH AND EARLY NINETEENTH-CENTURY CRIMINAL LAW

2015 ◽  
Vol 58 (3) ◽  
pp. 757-779 ◽  
Author(s):  
PHILIP HANDLER
Keyword(s):  
Nineteenth Century ◽  
Public Opinion ◽  
Criminal Law ◽  
Law Reform ◽  
Early Nineteenth Century

ABSTRACTThis article examines the criminal law reform career of James Mackintosh (1765–1832). As Recorder of Bombay (1804–11), writer and Whig MP (1813–32), Mackintosh engaged with diverse aspects of criminal law. His view of the organic relationship between law, society, and public opinion, which was shaped by his Scottish intellectual background and Foxite Whig politics, was distinct from the radical and liberal political perspectives most often associated with criminal law reform. The article traces the implications of Mackintosh's approach for the practice of politics and legislation in the period and suggests cause to revise assessments of its outcomes.

scholarly journals DOŽIVOTNI ZATVOR I USLOVNI OTPUST U KRIVIČNOM PRAVU SRBIJE: NEKA PITANJA I DILEME

2021 ◽  
Vol 59 (1) ◽  
pp. 69-92
Author(s):  
Emir Ćorović
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Code ◽  
Academic Community ◽  
European Convention ◽  
Life Imprisonment ◽  
Sexual Freedom ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Criminal Legislation

Life imprisonment was introduced to Serbian Criminal legislation with the amendments of Criminal Code from 2019. These amendments replaced the former penalty of imprisonment from 30 to 40 years. Special attention was drawn by the fact that the new legislation allows the possibility of life imprisonment without the possibility of parole for committing certain crimes. This legal solution is considered not to be in accordance with the Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Still, the prohibition of parole was introduced to Serbian criminal law in 2013, with the adoption of the Law on the special measures for the prevention of crimes against sexual freedom towards minors. However, at that time the academic community did not give the attention it deserved to the justification of this prohibition, which by itself generates many concerns. That is why, when discussing the problematics of life imprisonment and parole, and its prohibition, one has to bear in mind the previously structured legal frame, as well as the concerns that such a prohibition creates, regardless of whether it not it relates to life imprisonment or timely limited imprisonment.

scholarly journals On the issue of early parole from serving a sentence in the Kyrgyz Republic

2020 ◽  
Vol 2 (3) ◽  
pp. 176-181
Author(s):  
Kunduz Zhetigenova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Correctional Institutions ◽  
Life Imprisonment ◽  
Full Compensation ◽  
The Law ◽  
First Time ◽  
State Body

The article is devoted to the grounds and conditions for parole from serving a criminal sentence. The article considers the legislative and law enforcement problems that arise when applying the rules governing the procedure for evaluating the behavior of a convicted person during the period of serving a sentence. On January 1, 2019, the new legislation of the Kyrgyz Republic of the criminal law block came into force, which significantly changed the procedure for parole from criminal punishment. At present, it is only possible in relation to persons sentenced to punishments related to isolation from society. In addition, the provision on parole application in relation to additional punishment is excluded from the criminal law. However, the new law eased the situation of a convict for damages compensation, extended the circle of persons entitled to apply for considering the case on parole (abolished in accordance with the rules of parole was possible only after full compensation of the material damage caused by the crime). The legislator also reduced the number of circumstances prohibiting the use of parole from serving a sentence, and showed humanity in relation to certain categories of convicts (the norm on the application of p from serving a sentence in relation to persons sentenced to life imprisonment). The issue of creating a specialized authorized state body that carries out the execution of criminal penalties that are not related to isolation from society, compulsory measures of criminal legal influence, supervision of persons released on parole from correctional institutions, with the performance of social and legal functions of the probation body, was resolved. However, despite all the positive changes, the study allowed the author to conclude that there are actual problems of legal regulation and practical application of the provisions on the conditions and grounds for parole. In particular, the law does not reflect who exactly should act as a person who compensates for damages. In practice, there are often cases when the convicted person did not work, and the damage was paid by relatives. At the same time, the court has no grounds for refusing to apply for parole. In such circumstances, it is doubtful that the goals of the convicted person’s correction have been achieved. In addition, currently the law stipulates the same rules for the application of parole for persons who have committed crimes for the first time, as well as for persons convicted for a set of crimes and a set of sentences.

scholarly journals MULTIPLE ACTS OF SEXUAL PENETRATION WITHIN A SHORT PERIOD OF TIME – SINGLE OR MULTIPLE ACTS OF RAPE? S v Willemse 2011 (2) SACR 531 (ECG)

Obiter ◽  
2021 ◽  
Vol 34 (1) ◽  
Author(s):  
GP Stevens
Keyword(s):  
Criminal Law ◽  
Time Span ◽  
Related Issue ◽  
Twilight Zone ◽  
Sexual Offence ◽  
Life Imprisonment ◽  
Short Time Span ◽  
Short Period ◽  
Short Time

The case under discussion exposes a particular twilight zone in respect of the sexual offence of rape, and more specifically, the question as to when multiple acts of sexual penetration perpetrated by the same perpetrator within a relatively short time span, will constitute multiple acts of rape. The latter, in addition, specifically becomes problematic during sentencing. Once it has been established that a victim was raped more than once by an accused, a court is obliged in terms of section 51(1) of the Criminal Law Amendment Act 105 of 1997 (hereinafter “the Act”) to impose a sentence of life imprisonment, unless substantial and compelling circumstances exist to depart from the prescribed minimum sentence. The decision under discussion is of particular interest as the court was once again required to assess whether multiple acts of sexual penetration constituted a single act of rape, or multiple acts of rape and as such falling within the ambit of the provisions of the Act with regards to sentencing. A related issue addressed by the judgment, relates to the anomaly in respect of the appropriate approach to follow in cases of this nature relating to multiple acts of sexual penetration in order to assess whether these acts should be construed as multiple acts of rape, or as one single and prolonged act of rape. 

La libertad condicional como mecanismo de prevención del delito y promotor de la reinserción social: Propuestas para una reforma basada en evidencia

2018 ◽  
pp. 9
Author(s):  
Ulda Omar Figueroa Ossa
Keyword(s):  
Public Opinion ◽  
Criminal Law ◽  
Executive Order ◽  
Social Reintegration ◽  
El Sistema ◽  
Level Of Risk

ResumenEl recurrente debate que genera en la opinión pública y el mundo político la existencia de la libertad condicional invita a reflexionar sobre la naturaleza y efcacia de esta institución penitenciaria. En ese contexto el presente trabajo busca exponer cómo la libertad condicional opera como mecanismo de prevención del delito y la reinserción social de las personas privadas de libertad, dando cuenta de algunos problemas de esta institución en el sistema penitenciario chileno, a saber, la ausencia de valoración del nivel de riesgo de reincidencia de los candidatos en los informes que fundan su concesión, la falta de mecanismos de acompañamiento activo de los egresados, y la progresiva limitación del acceso de los condenados a la libertad condicional. En base a ello se realizan algunas propuestas de modifcación normativa para mejorar la efcacia de la libertad condicional en Chile, vinculadas a la necesidad de dar cuenta del riesgo de reincidencia del candidato en el informe emitido al comité de libertad condicional, de establecer mecanismos de reclamo sobre estos informes, de establecer obligaciones activas de seguimiento, apoyo e intervención respecto de los benefciarios de la libertad condicional, y morigerar algunas limitaciones legales en orden a aumentar el número de usuarios anuales de este benefcio.Palabras clave: funciones de la pena, libertad condicional, reinserción social, decreto ley 321.ResumoO debate recorrente que gera na opinião pública e no mundo político a existência da liberdade condicional convida à reflexão sobre a natureza e efcácia da instituição penitenciaria. Neste contexto, o presente artigo procura expor o como à liberdade condicional opera como um mecanismo para a prevenção do crime e a reinserção social das pessoas privadas de liberdade, dando conta de alguns problemas desta instituição no sistemapenitenciário chileno; alguns deles são: a ausência de valorização do nível do risco da recorrência dos candidatos nos relatórios onde fundam sua concessão, a falta de mecanismos de acompanhamento ativo dos egressados e a progressiva limitação do acesso dos condenados a liberdade condicional. Nesta base realizam-se algumas propostas de modifcação normativa para melhorar a efcácia da liberdade condicional no Chile, ligadas à necessidade de dar conta do risco de reincidência do candidato no relatório emitido para o conselho de liberdade condicional, para estabelecer mecanismos de reclamação desses relatórios, estabelecer obrigações de vigilância ativa, apoio e intervenção sobre os benefciários da liberdade condicional, e moderar algumas limitações legais, a fm de aumentar o número de usuários anuais deste benefício.Palavras-chave: funções da pena, liberdade condicional, reinserção social, Decreto-Lei 321.AbstractThe recurring debate generated by the existence of parole in criminal law affects public opinion and politics. It is also an opportunity to evaluate its nature and effciency. This paper aims to present how parole works as a mechanism of criminal prevention and social reintegration of inmates, giving an account some problems of this institution in the Chilean penitentiary system in three areas: the lack of assessment of the level of risk of recidivism of the candidates as a criterion in the reports that found the decision of the beneft, the lack of active supervision mechanisms for the program benefciaries, and the increasing limitation of access to the program. The paper offers also some legal proposals for increasing the effcacy of the program in Chile, with emphasis in the three areas aforementioned, and the legal impugnation of the reports when they are detrimental to the inmates or inaccurate. Keywords: functions of penalties, parole, social reintegration, executive order 321.

9. Homicide

2021 ◽  
pp. 360-420
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Domestic Abuse ◽  
Self Control ◽  
Duty Of Care ◽  
Life Imprisonment ◽  
Loss Of Self ◽  
State Of Mind ◽  
The Law ◽  
New Guidelines ◽  
Context Features

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’, the penalty being life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary manslaughter. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present, reducing his culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing an unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. One of the chapter’s ‘The law in context’ features examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council. A new ‘The law in context’ feature analyses the relevance of domestic abuse for the defences available to a woman charged with murdering her abusive partner.

The Legislative Role of Juries

1984 ◽  
Vol 9 (3) ◽  
pp. 605-634 ◽  
Author(s):  
James P. Levine
Keyword(s):  
Public Opinion ◽  
Vietnam War ◽  
Criminal Law ◽  
Regional Differences ◽  
Jury Trial ◽  
Conviction Rate ◽  
Selective Service ◽  
American Military ◽  
The Public

Is it possible that jurors, in the process of evaluating the evidence against a defendant, act to some degree as legislators by assessing the soundness of policies they perceive the criminal law to be supporting? To test the hypothesis that jurors reflect public opinion in making such judgments, the author correlated changes in public opinion on war policy with fluctuations in the proportion of jury trial defendants found guilty of violating selective service laws.It was found that juries convicted those accused of draft evasion at a higher rate when a war was in progress than during peacetime and that during the Korean and Vietnam wars the conviction rate was directly correlated with public approval of American military actions. A breakdown of regional differences showed that the South was somewhat more supportive of the Vietnam War and more prone to convict in selective service cases than the rest of the nation was, but the results of this comparative analysis were inconclusive. Although the correspondence between public opinion and verdict tendencies was far from perfect (perhaps in part because of the skewed composition of juries), the study does support the notion that jurors draw on prevailing popular sentiments about laws and the public policies the laws further.

The contraceptive situation in the Irish Republic

1974 ◽  
Vol 6 (4) ◽  
pp. 483-492 ◽  
Author(s):  
Keith Wilson-Davis
Keyword(s):  
Public Opinion ◽  
Family Planning ◽  
Criminal Law ◽  
Test Cases ◽  
Conservative Measure ◽  
Humanae Vitae ◽  
Private Rights ◽  
The Supreme Court ◽  
The Law ◽  
Set Up

SummaryThe 1935 Criminal Law Amendment Act translated the Catholic Church's doctrine regarding contraception into the law of the land prohibiting the sale, importation and advertising of ‘unnatural methods’ of contraception.Over the years, public opinion has changed and it has been estimated that over 20,000 Irish wives are taking the pill in spite of Humanae Vitae. Family planning clinics have been set up in Dublin.In 1973, the Supreme Court ruled in the McGee case that the ban on importation was unconstitutional and violated private rights.Three private member's bills have been defeated and a Government bill to amend the 1935 Act is before the present session of the Dáil. It is a conservative measure seeking to restrict the importation and selling of contraceptives to licensed persons and making it an offence for unmarried persons to purchase them. It is probable that the bill will be defeated by Government members who regard it as too permissive and that the law will be further liberalized by more test-cases in the Courts.

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