scholarly journals The Reasonableness of Remaining Unobserved: A Comparative Analysis of Visual Surveillance and Voyeurism in Criminal Law

2018 ◽  
Vol 43 (04) ◽  
pp. 1210-1235
Author(s):  
Bert-Jaap Koops ◽  
Bryce Clayton Newell ◽  
Andrew Roberts ◽  
Ivan Škorvánek ◽  
Maša Galič

The criminalization of offensive, privacy-intrusive behavior is an important form of privacy protection. However, few studies exist of visual observation in criminal law. We address this gap by researching when nonconsensual visual observation is deemed harmful enough to trigger criminal sanctions, and on what basis the law construes the “reasonableness of remaining unobserved,” through a nine-country comparative study. We distinguish between voyeurism-centric approaches (focusing largely on nudity and sex) and broader, intrusion-centric approaches (such as observation inside closed spaces). Both approaches explicitly or implicitly reflect “reasonable” privacy expectations, listing criteria for situations in which people can reasonably expect to remain unobserved or unrecorded. We present a framework for criminalizing nonconsensual visual observation, encompassing factors of technology use, place, subject matter, and surreptitiousness, supplemented by factors of intent, identifiability, and counter-indicators to prevent over-criminalization. This framework is relevant for protecting visual aspects of privacy in view of individuals' underlying autonomy interests.

2018 ◽  
Vol 3 (2) ◽  
pp. 23-46
Author(s):  
Reski Anwar

Types of punishment provided for in the book the law of criminal law, namely criminal subject matter which consists of a criminal to death, imprisonment. As for the types of sanction or punishment in Islamic criminal law includes the law of jarimah adultery, penalty jarimah qadzaf, jarimah punishment of theft, jarimah punishment. Indonesia at the moment very much in need of a great variety of study on the concept of criminal sanctions in order to reduce islamic values through this Focus Group Discussion or conference, etc. Of a will can contribute to the renewal of a criminal law reform And there should have been a kind of work for punishment of the formulations in the form of social as well as the completion of matter outside the court (restorasi justice).


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1592
Author(s):  
Hanafi Amrani

AbstrakArtikel ini membahas dua permasalahan pokok: pertama, kriteria yang digunakan oleh pembentuk undang-undang di bidang politik dalam menetapkan suatu perbuatan sebagai perbuatan pidana (kriminalisasi); dan kedua, fungsi sanksi pidana dalam undang-undang di bidang politik. Terkait dengan kriminalisasi, undang-undang di bidang politik yang termasuk ke dalam hukum administrasi, maka pertimbangan dari pembuat undang-undang tentu saja tidak sekedar kriminalisasi sebagaimana diatur dalam ketentuan hukum pidana dalam arti sebenarnya. Hal tersebut disebabkan adanya pertimbangan-pertimbangan tertentu. Pertama, perbuatan yang dilarang dalam hukum pidana administrasi lebih berorientasi pada perbuatan yang bersifat mala prohibita, sedangkan dalam ketentuan hukum pidana yang sesungguhnya berorientasi pada perbuatan yang bersifat mala in se. Kedua, sebagai konsekuensi dari adanya penggolongan dua kategori kejahatan tersebut, maka pertimbangan yang dijadikan acuan juga akan berbeda. Untuk yang pertama (mala prohibita), sanksi pidana itu dibutuhkan untuk menjamin ditegakkannya hukum administrasi tersebut. Dalam hal ini sanksi pidana berfungsi sebagai pengendali dan pengontrol tingkah laku individu untuk mencapai suatu keadaan yang diinginkan. Sedangkan untuk yang kedua (mala in se), fungsi hukum pidana dan sanksi pidana lebih berorientasi pada melindungi dan mempertahankan nilai-nilai moral yang tertanam di masyarakat tempat di mana hukum itu diberlakukan atau ditegakkan. Kata Kunci: Kebijakan, Kriminalisasi, Undang-Undang PolitikThis article discusses two main problems: firstly, the criteria used by the legislators in the field of politics in determining an act as a criminal act (criminalization); secondly, the function of criminal sanctions in legislation in the field of politics. Associated with criminalization, legislation in the field of politics that is included in administrative law, the consideration of the legislators of course not just criminalization as stipulated in the provisions of criminal law in the true sense. This is due to certain considerations. Firstly, the act which is forbidden in the administration of criminal law is more oriented to act is malum prohibitum offences, whereas in actual criminal law provisions in the act are mala in se offences. Secondly, as a consequence of the existence of two categories of classification of the crime, then consideration will also vary as a reference. For the first (mala prohibita), criminal sanctions are needed to ensure the enforcement of the administrative law. In this case the criminal sanction serves as controller and controlling the behavior of individuals to achieve a desired state. As for the second (mala in se), the function of criminal law and criminal sanctions is more oriented to protect and maintain the moral values that are embedded in a society where the law was enacted or enforced.


2020 ◽  
Vol 15 (1) ◽  
pp. 13
Author(s):  
А. И. Стребков ◽  
А. И. Мусаев

The present article concerns with the modern state of things of the conflict resolution specialists’ training in the US universities. The analysis is based on the informational and promotional materials which were picked up from the 11 American universities’ websites. The aim of the analysis was the examination of the four sections, which are: the orientation of the academic program, the content of the program or the scope of the skills, the main methodology of the academic program and the educational technologies. Together with the analysis of the US universities’ academic programs the article provides the comparative analysis of these programs with the Russian academic programs. On the back of this comparative analysis the authors come to the comprehensive conclusion according to which the specialists’ training in the field of the conflict resolution and peacebuilding in the US does not have significant differences from Russian ones and is carried out within one international academic trend in regard to its main features which are: the orientation, content, educational methodology and technologies. The key distinction of the Russian training from the American one is that the Russian academic tradition does have the core subject matter around which the whole academic program is being developed and which is the conflict. This subject matter is being taken in its entirety and the conflict resolution is considered as the closing stage of the conflict studies specialists’ training whereas the academic programs of the US universities embrace the conflict resolution as the subject matter of the academic training and therefores leaves beyond the scope of the training both the theory of the conflict and the forms practice of its manifestation in a number of the programs. The letter is peculiar to both short-term academic programs and the full-time two-year academic programs as it is accepted in the educational space of the Russian Federation. Furthermore, the authors of the article make up the conclusion of the coinciding major educational methodology which guides the academic programs of the American and Russian universities and which is developed on the principles of the interdisciplinarity.


2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.


2020 ◽  
Author(s):  
Johann Johann And Devika

BACKGROUND Since November 2019, Covid - 19 has spread across the globe costing people their lives and countries their economic stability. The world has become more interconnected over the past few decades owing to globalisation and such pandemics as the Covid -19 are cons of that. This paper attempts to gain deeper understanding into the correlation between globalisation and pandemics. It is a descriptive analysis on how one of the factors that was responsible for the spread of this virus on a global scale is globalisation. OBJECTIVE - To understand the close relationship that globalisation and pandemics share. - To understand the scale of the spread of viruses on a global scale though a comparison between SARS and Covid -19. - To understand the sale of globalisation present during SARS and Covid - 19. METHODS A descriptive qualitative comparative analysis was used throughout this research. RESULTS Globalisation does play a significant role in the spread of pandemics on a global level. CONCLUSIONS - SARS and Covid - 19 were varied in terms of severity and spread. - The scale of globalisation was different during the time of SARS and Covid - 19. - Globalisation can be the reason for the faster spread in Pandemics.


2021 ◽  
Vol 5 (2) ◽  
pp. 145-153
Author(s):  
Jeong Yeon Sil ◽  
Jang Eun Young ◽  
Park Heung Soo

This study examines why and how Chinese characters spread into Korea. It subsequently conducts a comparative analysis of Korean and Chinese children’s textbooks with a focus on Yu Hap from the perspective of the acceptance and acculturation of Chinese characters. It also explores how commonly used the characters in Yu Hap are, and the text’s learning value as one of Korea’s children’s textbooks. Yu Hap is very significant as the first written language textbook published in Korea. A comparative analysis of the characters used in four children’s books published in Korea found that the characters in Yu Hap are very common, and the text has a high learning value. Approximately 50% of the characters in San Bai Qian and Yu Hap are the same, showing that both China and Korea had similar perceptions of the characters in common use. A very significant proportion of characters overlap in Basic Chinese Character for Educational Use, List of Common Words in Modern Chinese, and Yu Hap; this supports the idea that the same characters have continued to be used from ancient times to the present day.


2015 ◽  
Vol 752-753 ◽  
pp. 1232-1235
Author(s):  
Ji Hun Kim ◽  
Yoon Seok Shin

Since recently almost all housing built in Korean have shared walls and floor, diverse problems are unavoidable including noise between floor arising from noise and vibration. Many efforts have been made by the Korean government, but the number of complaints related with the noise between floors has been gradually increasing. Therefore, through the field measurements by house type, the current state of noise was understood. To do this, the noise between floors was measured in an apartment household and a multiplex house to perform a comparative analysis. As the result, the differences in the noise between the two house types were clarified. The findings of this research are expected to contribute to reduction of the noise between floors in an apartment building in the future.


2017 ◽  
Author(s):  
Joachim C. Savelsberg

With the expansion of international criminal law, the causation and exercise of mass violence is increasingly criminalized. However, the fields of humanitarian aid and diplomacy generate representations completely different from what criminal law suggests. A comparative analysis of eight countries reveals variable susceptibilities for these competing narratives. The empirical evidence is based on a content analysis of more than 3,000 newspaper articles on violence in Darfur and on interviews with African correspondents and specialists in non-governmental organizations and foreign ministries of the eight countries. The analysis suggests differentiations in argumentation concerning field theory as well as theories of globalization.


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