Legal Principles vs. Statutory Ambiguity in Criminal Justice: Lithuanian Court Experience

Author(s):  
Rima Ažubalytė ◽  
Oleg Fedosiuk
2020 ◽  
Vol 84 (5) ◽  
pp. 474-496
Author(s):  
Tim J Wilson

The exponential increase on the internet of indecent images of children (IIOC) has been followed by a transformation within criminal justice. The scale, nature and rapid technological evolution of such crimes—often of distant initial geographical origin—requires collaborative justice and harm reduction arrangements with internet companies and NGOs. The diminished reach (declining criminal justice interventions) and power (even in identifying crimes for intervention) of state authority with the current collaborative model, however, has resulted in inadequate social regulation and policing in response to IIOC crimes on the surface web. There is a considerable risk that the Online Harms White Paper proposals to establish overarching government authority to generally reduce harmful conduct will not fully resolve problems that go much wider than the technological, commercial and consumer protection on the surface web issues emphasised in that document. Only political choices about funding and fundamental rights compliant legislation can (a) prevent the hollowing out of criminal justice capacity and capabilities to deal with IIOC offenders and (b) ensure an essential compatibility and consistency in police operational ability—including the access sought to anonymised communication data via an encryption key—and legal principles when dealing with IIOC crimes across all levels of the internet, including ‘the dark web’. These issues are examined as a case study in civic epistemology about the influence of neoliberalism in technologically focused policy making.


2021 ◽  
pp. 1-21
Author(s):  
Ian Brown

Abstract In Britain's empire across Asia and Africa from the mid-nineteenth century, two political-legal principles were central to colonial modernity, law and order, and the rule of law. These two principles secured the legitimation of colonial rule, in the eyes of those who ruled. It is striking then to see that in late colonial Burma, in the 1920s and 1930s, the colonial government struggled to maintain law and order and to embed the rule of law. Violent crime soared while the criminal justice system failed hopelessly for serious offences. This article seeks to explore the ways in which senior British officials in Burma navigated the disjuncture between the imperial principles that were central to colonial justification and Burma's reality. Perhaps most notably, they did so by putting blame for the soaring crime rates and the failures of the criminal justice system firmly on the Burmese. In the early 1940s, however, with the end of colonial rule clearly imminent, the legitimation of the colonial presence became of less pressing importance, and the failure of colonial practice to live up to its ideological rhetoric could now be more openly faced.


1975 ◽  
Vol 21 (4) ◽  
pp. 331-336 ◽  
Author(s):  
Sol Rubin

Although legal principles capable of remedying disparity and unjust prison commitments have been recognized and have been applied to sentencing, most trial and appellate courts resist adopting them, adhering to the old and failing concept of total autonomy of trial courts in sentenc ing. Some cases that apply these principles and others that do not are cited and analyzed. Adoption of the principle of the least drastic alternative, the foremost of the needed reforms, calls for supporting practices. It is recom mended by the National Advisory Commission on Criminal Justice Standards and Goals, whose proposed criteria are set forth.


2019 ◽  
Author(s):  
Daniel P. Mears ◽  
Joshua C. Cochran
Keyword(s):  

2019 ◽  
Author(s):  
Frederick T. Davis
Keyword(s):  

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