Child Pornography through Cyberspace - A Comparative Analysis of Laws and Criminal Justice Responses in India with USA, UK and Japan.

2022 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Paromita Chattoraj ◽  
Rupashree Sahoo
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Child Pornography

The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine

2021 ◽  
Vol 29 (3-4) ◽  
pp. 189-217
Author(s):  
Johannes Keiler ◽  
André Klip
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Member States ◽  
Cross Border ◽  
Criminal Justice Systems ◽  
Alternative Measures ◽  
The Cross ◽  
Preliminary Phase ◽  
Country Specific

Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.

Obiectul infracţiunii de pornografie infantilă: analiza gradului de compatibilitate între prevederile naţionale, internaţionale şi cele din legislaţiile unor state străine

2021 ◽  
Vol 2021 (2021) ◽  
pp. 86-100
Author(s):  
Stanislav COPEŢCHI ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Child Pornography ◽  
Republic Of Moldova ◽  
Scientific Approach ◽  
The Republic ◽  
International Instruments

In the present scientific approach is discussed the material/immaterial object of the crime of child pornography, in accordance with the criminal law of the Republic of Moldova, from the perspective of its compatibility with the provisions of the main international instruments in this matter (especially the Lanzarote Convention and the Budapest Convention). Likewise, is performed a comparative analysis of the national (Moldovan) provisions, being highlighted the content of some norms of incrimination from the criminal laws of some foreign states in the part concerning the material/immaterial object of the crime of child pornography.

Mass-Market Paperbacks and Integration Politics

2021 ◽  
Vol 39 (2) ◽  
pp. 22-46
Author(s):  
Johanna Schuster-Craig
Keyword(s):  
Public Policy ◽  
Comparative Analysis ◽  
Criminal Justice ◽  
Justice System ◽  
The Political ◽  
Youth Of Color ◽  
Mass Market ◽  
Non Fiction ◽  
Political Spectrum ◽  
Migration Politics

“Integration” refers to multiple arenas in German migration politics, including journalistic discourse, public policy, and cultural logics about incorporating immigrants and refugees into the nation. This article examines two non-fiction narratives, Das Ende der Geduld by Kirsten Heisig and Muslim Girls by Sineb El Masrar, to explore how each author characterizes integration from opposite sides of the political spectrum. In integration politics, adolescence is often construed as a problem, which—when improperly managed—leads to the criminalization or radicalization of youth of color. Comparative analysis of these two texts shows that institutions such as the school and the criminal justice system produce adolescence as a problem for integration and as a way to avoid acknowledging institutionalized inequity. These two examples exist as part of a longer genealogy of authors using mass-market paperbacks to comment on integration politics.

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

The ‘Sexting’ Quagmire: Criminal Justice Responses to Adolescents’ Electronic Transmission of Indecent Images in the UK and the USA

Youth Justice ◽  
2011 ◽  
Vol 11 (3) ◽  
pp. 266-281 ◽  
Author(s):  
Nigel Stone
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Justice System ◽  
Electronic Communication ◽  
Child Pornography ◽  
The United States ◽  
Policy And Practice ◽  
Recent Developments ◽  
The Usa ◽  
The Uk

Adolescent embrace of electronic communication with peers often involves sharing indecent images of each other, sometimes with abusive consequences. How should the criminal justice system respond? Use of conventional child pornography legislation can be inappropriately heavy-handed and draconian. This article considers recent developments in the United States and considers how this mode of juvenile indiscretion fits with law, policy and practice in England and Wales.

The Neuroscience of Criminality and Our Sense of Justice

2018 ◽  
Author(s):  
Valerie Hardcastle
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Imaging Data ◽  
The Past ◽  
The Us ◽  
Brain Scan ◽  
Sense Of Justice

Part IV begins with Valerie Hardcastle’s chapter on the neuroscience of criminality and our sense of justice. Taking the US courts as her stalking horse, Hardcastle analyzes appellate cases from the past five years in which a brain scan was cited as a consideration in the decision. She focuses on how a defendant’s race might be correlated with whether he is able to get a brain scan, whether the scan is admitted into evidence, how the scan is used in the trial, and whether the scan changes the outcome of the hearing. She then provides a comparative analysis of the cases in which imaging data were successful in altering the sentence of defendants and those in which the data were unsuccessful. She concludes by pointing to larger trends in our criminal justice system indicative of more profound changes in how we as a society understand what counts as a just punishment.

Charge Sheet to Charging

2021 ◽  
pp. 246-257
Author(s):  
Debarati Halder
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Case Management ◽  
Special Reference ◽  
Positive Solutions ◽  
Essential Elements ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
The Uk ◽  
Relationship Of

Police and prosecution are the two essential elements in criminal justice systems, especially for justice delivery to the victims as well as for the accused. Cybercrimes targeting women have remained a menace for the victims, police, and prosecution for over a decade now in India and the UK. This chapter aims to research on the comparative analysis of relationship of police and prosecution for case management with special reference to cybercrimes against women cases between UK and India to find positive solutions for restitution of justice in such cases.

Terrorist Speech and the Criminal Law – A Comparative Analysis

2017 ◽  
Vol 25 (3) ◽  
pp. 230-259 ◽  
Author(s):  
Johannes Keiler
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Law ◽  
Critical Analysis ◽  
Vantage Point ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Legal Frameworks

This article examines the ways that the criminal justice systems of England and the Netherlands deal with terrorist speech in the form of direct and indirect incitement to terrorism. This contribution commences with a discussion of the conditions under which the criminalisation of terrorist speech is justified. That discussion identifies criteria that must be satisfied if liability for terrorist speech is to be justified. The specific English and Dutch legal frameworks for addressing terrorist speech are then assessed in light of those criteria. This comparison provides the vantage point for a critical analysis of the merits and defects of terrorist speech offences. This contribution ends by identifying and discussing doctrinal elements that must be considered in order to ensure compliance with fundamental principles of criminal law and to prevent over-criminalisation.

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