The People v. Yi X (Organizing, Leading and Participating in Terrorist Organization, Intentional Homicide)—Culpability of the Members of Terrorist Organizations and the Application of the Death Penalty

Author(s):  
Xinjun Chen
Author(s):  
Светлана Бовдилова ◽  
Svetlana Bovdilova ◽  
Елена Матвеева ◽  
Elena Matveeva

The spread and expansion of the influence of international terrorist organizations on a global scale keep this phenomenon in the focus of academic interest. And it is not without reason that in the last few years the world’s attention has been drawn to the issue of war on terrorism and extremism, the global problems of mankind at the beginning of XXI century. The aim of this article is comprehension of the phenomenon of national discrimination that took place at the beginning of XX century in Nazi Germany in the form of Holocaust and has resurged in the activity of the Middle-East terrorist organization ISIL as means of fight against all infidels. The authors come to the conclusion that at the bottom of functioning of the Third Reich and the ISIL there are common ideological tenets concerning the methods of state establishing and the system of its further functioning. The main tools of such states are violence and physical extermination of the people on national and religious grounds as well as application of terror methods against civilian population.


2020 ◽  
Vol 10 (2) ◽  
pp. 175
Author(s):  
Nomensen Freddy Siahaan

After a long time was not heard to the public area, lately death penalty toward the criminal cases that classified as extraordinary crime are appear. The author discovers electronic article about the execution of the death penalty which is the prosecutor prepares to execute death penalty toward the drugs dealer. The president of Republic of Indonesia stated that it is necessary to give a deterrent effect to the convicted  criminal and keep the morality of Indonesian teenagers. According to my opinion, the author argues that it will be better and wiser if we discuss about renovating all of the Penitentiary in Indonesia than debating whether death penalty could be done in Indonesia or not, because it will be displeasure many parties, death penalty infringed the human rights of the convicted criminals and cause psychological burden to them, families, the executor of the death penalty, and other parties. Because if we have to improve the quality of the Penitentiary, if the function of Penitentiary for fostering moralily has been optimal or properly enough to the convicted criminals, Indonesia will be no longer need the death penalty option as sanction to the convicted crimanals including for the extraordinary crime (especially for drugs trafficking in our country). Penitentiary is one of the public services which aims for fostering the people that initially have bad habits (commited to the crime), so that they will have the awareness to change their bad attitude into the be better ones, will not harm others, and positively contributed to the society. Already Penitentiary’s conditions should be designed in such a way and as good as possible, so that the inmates feels like at their own home (like having a second home after his own home), and feel humaner to spend their days in the Penitentiary. The author believes that if the Penitentiary has been improved and optimized its function well, then the real purpose of Penitentiary will definitely achieved. As stated in Law Number 12 Year 1995 regarding to Penitentiary Article 2 which states "sanction system are organized in order to fostering the convicted criminals in order to be the real man, aware of their fault, improve themselves, and not to repeat the criminal act so that they can be friendly received by the community, can actively participated in the development of our country, and can socialize themselves as good citizen."Article 3 on this regulation also intensifies the function of Penitentiary "the function of Penitentiary is to prepare convicted criminals to be able to properly integrated to the society, so they can be accepted again as members of the public who are free and responsible ones." 


2020 ◽  
Vol 23 (4) ◽  
pp. 745-750
Author(s):  
Spyridon Repousis

Purpose The purpose of this paper is to research for possible interconnection of the Greek terrorist organization “November 17” with the international terrorist Ilich Ramirez Sanchez or “Carlos the Jackal.” Design/methodology/approach In this research are discussed documents, visits by Carlos and his team to Greece, operational support through training and supply of weapons to “ELA” and “November 17,” attacks on foreign service targets in Greek territory, reports of close people working with Greek terrorist organizations, terrorist proclamations and interrogation of Carlos. Findings Available data indicate their cooperation and their terrorist murderous activity in Greece, which of course needs deeper investigation. “Carlos the Jackal” acted and cooperated in Greece with the two major terrorist organizations, “ELA” and “November 17,” causing material damages and murders. Practical implications The research is useful for government authorities, law authorities and offices and the democratic society as a whole. Originality/value To the best of the author’s knowledge, this is the first study examining the specific topic.


2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law


2016 ◽  
Vol 13 (2) ◽  
pp. 231-246 ◽  
Author(s):  
Jerome H. Kahan

Abstract Nine days after the transformational 9/11 attacks, President G.W. Bush proclaimed that the nation is fighting a Global War on Terror (GWOT), an attention-grabbing phrase designed as a rallying cry for America to win the battle against al Qaeda and other terrorist organizations threatening our homeland as well as our allies and interests abroad. Eight years later, President Obama inherited what had become an even more dangerous situation, which led to the unexpected and courage attack that felled bin Laden and splintered al Qaeda. However, this success was short-lived when the Islamic State of Iraq and Syria (ISIS) suddenly emerged as our primary terrorist adversary – a new and brutal threat that President Obama vowed to “degrade and ultimately destroy” by doing what it takes to win the war against this and other terrorist organizations. While there has been some progress in halting and reversing ISIS territorial gains with the US providing support to newly trained Iraqi forces, this terrorist organization is not fully contained and far from being destroyed.


1986 ◽  
Vol 25 (3) ◽  
pp. 312-334 ◽  
Author(s):  
Randall McGowen

It is felt that men are henceforth to be held together by new ties, and separated by new barriere; for the ancient bonds will now no longer unite, nor the ancient boundaries confine. [J. S. Mill, “The Spirit of the Age” (1831)]I“The punishment of death shocks every mind to which it is vividly presented,” wrote Edward Gibbon Wakefield in 1832. It “overturns the most settled notions of right and wrong.” H. G. Bennet announced in Parliament in 1820 that he thought an execution “weakened the moral taste or sensibility of the people.” Such high-minded but platitudinous phrases frequently recurred in the early nineteenth-century debate over the criminal law, though historians have had a difficult time knowing what to make of them. Yet for all their vagueness such expressions do reveal a sensibility whose outline we can trace and whose influence we can measure. In drawing a connection between feeling and morality Wakefield appealed to social assumptions and values that were popular among humanitarians. Criminal law reformers proposed a new and exacting standard for the administration of justice: “Punishment,” argued James Scarlett, “ought to be consonant to the feelings and sympathies of mankind; and … those feelings ought to be enlisted on the side of the administration of justice.” They argued that the heavy reliance on the death penalty was a mistaken policy. The gallows aroused dangerous passions that signaled the existence of intractable social antagonism. They opposed such a spectacle with reforms that aimed at the promotion of a social union founded on shared feeling.


2021 ◽  
Vol 2021 (71) ◽  
pp. 126-146
Author(s):  
أ.م ناجي ساري فارس ◽  

Iraq faces great challenges, the most important of which are terrorism, economic corruption, and the rentier economy. The countries have disintegrated and collapsed after 2003 after the US occupation and the change of the previous political regime. The Iraqi economy has faced rampant corruption in various economic sectors, economic mafias, and the inability of successive Iraqi governments to address the imbalances in the Iraqi economy, and then terrorist organizations spread. Conflicts, destruction, displacement, and large financial spending on military operations and on fictitious and unproductive projects began since 2003 until Iraq’s victory over terrorism, which destroyed the country and the people, especially the Western regions of Iraq. Accordingly, the start of comprehensive economic reform, while limiting the phenomenon of financial and administrative corruption in the joints of the economic sectors in Iraq, and the reconstruction of cities and areas liberated from terrorist gangs, as well as developing appropriate plans and strategies to enhance the economy’s ability to advance the deteriorating reality and depends mainly on oil revenues. , and this needs to expedite the development of solutions and treatments to advance the economic reality, through diversifying the Iraqi economy in order to increase and diversify exports, reduce imports to provide hard currencies derived from oil revenues, encourage foreign investments in various economic sectors, and build adequate housing for the majority of the Iraqi people who suffer From economic corruption, terrorist operations, and building an economy that depends primarily on local natural and human resources.


2004 ◽  
Vol 38 (3) ◽  
pp. 391-424 ◽  
Author(s):  
VIVIEN MILLER

In February 1941, thirty male San Quentin prisoners petitioned Governor Culbert Levy Olson of California (the state's first Democrat governor in the twentieth century) to stop the execution of Eithel Leta Juanita Spinelli, “a merciless gang leader called the Duchess,” who had been convicted, along with her common-law husband and another male accomplice, of the murder of nineteen-year-old Robert Sherrard. All three defendants were sentenced to die in the gas chamber. Former San Quentin warden, Clinton T. Duffy, remembered Spinelli as “the coldest, hardest character, male or female” that he had “ever known,” and utterly lacking in “feminine appeal.” Thus the presentation of a jailhouse petition to save her from the gas chamber rather perplexed him, and he remained firm in his belief that the majority of San Quentin's inmates were unconcerned by the impending execution. Nonetheless, the petitioners argued that Spinelli should not be executed and offered to take her place either in the death chamber, or to serve out her life term in the event of a commutation of sentence. According to Duffy, the prisoners asserted “that Mrs. Spinelli's execution would be repulsive to the people of California; that no woman in her right mind could commit the crime charged to her; that the execution of a woman would hurt California in the eyes of the world; that both the law and the will of the people were against the execution; that Mrs. Spinelli, as the mother of three children, should have special consideration; that California's proud record of never having executed a woman should not be spoiled”.


2006 ◽  
Vol 6 (1) ◽  
Author(s):  
Satya P Das ◽  
Sajal Lahiri

This paper develops a model of terrorist activity and behavior. A terrorist organization chooses the size and the number of attacks. The defending state chooses the level of security-deterrence measures. The equilibrium sequence is such that the Organization moves first, followed by the State. A defensive policy such as an innovation in security-deterrence technology tends to reduce the size of attacks but increase their number, while an offensive policy, lowering the total "strike" or "output" potential of a terrorist organization, has opposite effects. Both policies reduce the expected damage from terror. An individual's decision to become a terrorist or a financier is also modeled, leading to endogenous supplies of terrorists and funds. The effects of terrorist-flushing measures, provisions to curb the flow of funds to terrorist organizations and income-enhancing policies are evaluated by taking into account their "supply-side" effects.


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