Rethinking the Scientific and Legal Implications of Developmental Differences Research in Juvenile Justice

2014 ◽  
Vol 17 (3) ◽  
pp. 407-441
Author(s):  
Mark R. Fondacaro
Keyword(s):  
Biological Sciences ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Developmental Differences ◽  
Court Cases ◽  
Forward Movement ◽  
Criminal Offenses ◽  
Legal Implications

A recent string of Supreme Court cases now ensures that fewer juveniles will be subjected to our most extreme punitive sanctions, a sign of forward movement toward evolving standards of decency in our culture and jurisprudence. However, this article will argue that there are potential long-term costs associated with the interpretation of developmental differences research relied upon by the Court, not only to juveniles and adults accused and convicted of serious crimes, but to the credibility of science and the legitimacy of the criminal law. The article draws on cutting-edge scientific research to argue that juveniles should indeed be treated differently than we currently treat adults for criminal offenses. However, the primary reason we should treat them differently is not because they are developmentally immature (which many of them may indeed be), but because our retributive justifications for adult punishment do not and will not stand up to scientific scrutiny and the ongoing, inevitable advances in the behavioral and biological sciences. Adolescent immaturity is just one example of the growing number of diminished capacities taking aim at the legitimacy of retributive justifications for punishment. As philosophical and commonsense explanations for criminal behavior give way to scientific and empirical analyses across biological, psychological, and social levels, the justification for and responses to criminal responsibility will need to shift from retribution and just desert toward more forward-looking, consequentialist approaches with both juveniles and adults.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

scholarly journals Criminal protection of young people from alcoholism in Bosnia and Herzegovina

Crimen ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 272-298
Author(s):  
Suad Orlić ◽  
Sadmir Karović
Keyword(s):  
Young People ◽  
Alcohol Abuse ◽  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Decisive Influence ◽  
Criminal Offenses ◽  
Criminal Protection

Alcoholism or alcohol abuse and indulgence in alcohol is one of the most prevalent antisocial phenomena in young people and one of the main causes of their criminal behavior. Namely, there is an increasing tendency for young people to abuse and consume alcohol and to indulge in alcohol frequently as well as the incidence of committing criminal offenses by young people under the decisive influence of alcohol. The paper elaborates the criminal law aspects of protecting young people from alcoholism or alcohol abuse and points out problem of uneven and inadequate legislation in Bosnia and Herzegovina, and gives appropriate proposals for changes to existing solution in order to achieve better and more effective criminal law protection of young people from alcohol abuse.

scholarly journals About the Determination of Crime

2020 ◽  
pp. 274-280
Author(s):  
Bohdan Holovkin
Keyword(s):  
Social Relations ◽  
Criminal Behavior ◽  
Large Scale ◽  
Criminal Responsibility ◽  
General System ◽  
Alcoholic Beverages ◽  
Legal Consciousness ◽  
Behavioral Strategies ◽  
Criminal Offenses

In the article on the basis of system approach the concept and mechanism of determination of crime are considered, the system of determinants of crime is established, causality of this phenomenon is revealed. It is noted that crime arises, exists and develops as a result of the interaction of members of society with each other, as well as with the social environment and society as a general system. Therefore, crime first and foremost linked to the conditions of life of society, the state of social consciousness and the system of social relations. Crime does not produce a single phenomenon, process or event, but a synergy of similar and homogeneous phenomena and processes. In addition, crime is capable of self-reproduction, by regularly repeating the most persistent forms of criminal behavior. Of all the types of determination, causality is of paramount importance, since this category reflects the objective, regular link between crime and the phenomena that give rise to it. At the level of society, the causes of crime are criminogenic deformations of the legal consciousness and legal culture, which, under certain conditions, naturally give rise to criminal forms of behavior by members of society. Such deformations lead to a criminal state, when people think about the benefits of criminal behavior and are not afraid of criminal responsibility. Deformations of the legal consciousness include defects in the legal worldview, distorted values, the legal subculture, double morality, anti-social interests, and opportunistic behavioral strategies. Among the conditions contributing to the increase in the crime rate, the biggest influences are: shadow economy and criminal monopolism; corruption; poverty of a large part of the population; income inequality; job cuts and unemployment; uncontrolled urbanization; ill-considered changes to the legislation, first of all criminal; human rights abuses; social tension and conflicting; concealment of criminal offenses from accounting, low rates of disclosure of criminal offenses; unfair judgments (sentences); trafficking in weapons, ammunition and explosives; unreasonable large-scale amnesty of criminals; high levels of consumption of alcoholic beverages, drugs and psychotropic substances; child homelessness and neglect.

scholarly journals THE IDENTITY OF THE OFFENDER AS AN ELEMENT OF THE FORENSIC CHARACTERISTIC OF THE CRIME

2020 ◽  
pp. 187-190
Author(s):  
Yu. A. Chaplynska
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Relevant Information ◽  
Scientific Article ◽  
Forensic Investigation ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Crime Investigation ◽  
Characteristic Features ◽  
Investigation Process

The scientific article deals with some aspects of crime investigation. The identity of the offender is considered as an element of forensic characteristics. Investigating the identity of the offender provides the investigation with a number of additional features. The identity of the offender as an element of forensic characteristics is a set of socially significant features and attitudes that characterize a person guilty of violating the criminal law, in combination with other conditions and circumstances affecting his criminal behavior. In particular, the information about it allows to distinguish the data necessary for the organization of the most effective search of the person who committed the crime, and subsequently – its exposition, provide elimination of the causes and conditions of committing criminal offenses and their recidivism. And during the conduct of investigative (search) actions – the possibility of effective establishment of psychological contact, the use of appropriate tactical techniques. In order to construct an effective forensic characteristic, elements must be identified that have a clear investigative focus and can help determine further directions of the investigation. Therefore, it is indisputable to distinguish in the structure of forensic characteristics of crimes such component as the person of the offender. By identifying its characteristic features, it becomes possible to build versions at the initial stage of the investigation, to use certain tactical techniques in the course of procedural actions. A forensic investigation of an individual consists of establishing forensically relevant information about the offender and other participants in the investigation process. Investigation of the identity of the offender as an element of forensic characteristics, allows to accumulate in the portrait of the likely offender his characteristic features. Creating a forensic portrait is important enough for the whole investigation process. In any case, it allows you to put forward certain versions and search for the person who disappeared from the scene, as well as the possibility of qualitative procedural actions.

scholarly journals Basic Characteristics of the Commercial Criminal Law of the Republic of Srpska / Osnovne karakteristike privredno kaznenog prava Republike Srpske

2014 ◽  
Vol 4 (4) ◽  
pp. 68
Author(s):  
Драган Јовашевић
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Modern World ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
The Republic ◽  
Basic Characteristics ◽  
Legal Entities

Considering the fact that in the modern world that knows no borders between countries and even continents, legal entities commit serious criminal offenses in the field of commercial, financial, computer, environmental, and similar operations. At the end of the 20th century, a lot of countries introduced a system of criminal responsibility and punishability of legal entities. Since the legal entity has no consciousness or will, i.e. is unable to take physical movements that would cause the consequence of a crime, specific rules on responsibility and application of criminal sanctions have been prescribed for this type of perpetrators. In this way, a new branch of criminal law was constituted - commercial criminal law. This paper deals precisely with the basic characteristics of commercial criminal law.

scholarly journals Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
The Public ◽  
The Russian Federation

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.

scholarly journals Problems of criminal legal forecasting of individual criminal behavior

2020 ◽  
Vol 4 (2) ◽  
pp. 99-108
Author(s):  
Mikhail P. Kleymenov
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Legal Aspect ◽  
Psychological Research ◽  
Legal Risk ◽  
Comprehensive Information ◽  
Expert Assessments ◽  
Scope Of Application ◽  
The Subject

The subject of the article is the problem of typical assessments of criminal legal risk by offenders. The purpose of the article is to confirm or refute the hypothesis that the attitude of various persons to the possibility of being punished for violating a criminal prohibition can be typologized, and the probability of being punished depends on the criminal's belonging to the corresponding type. The methodology includes dialectical, comparative legal, sociological, statistical, psychological methods, expert assessments, generalizing indicators. The main results, scope of application. The original criminal-legal aspect of predicting individual criminal behavior consists primarily in determining the probability of a potential criminal being brought to criminal responsibility for a possible offense and being punished. Foresight in this case is individual in the literal sense of the word – its subject is primarily a person who is inclined to commit a crime. The position of the researcher of criminal law forecasting of individual criminal behavior, who is obliged to put himself "in the place" of a socially dangerous person, to understand the nature and process of risk assessment, and to be brought to criminal responsibility, is also original. The attitude of different persons to the possibility of being brought to justice for violating a criminal law prohibition may vary widely, acquire a different character, and have specific features. In this regard, theoretically, we can distinguish the following groups of criminal risk: out of risk (“above the law”); habitual risk; "justified" risk; frivolous risk; emotional risk; situational risk; professional risk. The validity of this typology is confirmed by both empirical experience and materials of criminal-legal and psychological research. Conclusion. The magnitude of the criminal legal risk, of course, should be taken into account in the criminal law policy: both when assessing its purposefulness and effectiveness, and when solving the task of a comprehensive information and analytical support for it.

scholarly journals Society as a crime victim of legal entities

Temida ◽  
2011 ◽  
Vol 14 (2) ◽  
pp. 61-76
Author(s):  
Natasa Tanjevic
Keyword(s):  
Criminal Law ◽  
Corporate Crime ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Crime Victim ◽  
Criminal Offenses ◽  
Basic Characteristics ◽  
Very High ◽  
Legal Entities ◽  
The Way

Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

scholarly journals Doctrinal basis of crime classification

2020 ◽  
Vol 1 (1) ◽  
pp. 147-154
Author(s):  
Oleksandra Skok ◽  
Stanislav Omelchenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Formal Logic ◽  
Classification Criterion ◽  
Low Gravity ◽  
Criminal Offenses ◽  
Definition Of ◽  
Crime Classification

The article deals with the issues of formation, development and legislative registration of the Institute for the classification of crimes. Scientific and legislative classification of crimes, rules of formal logic as a basis for differentiation of criminal offenses and individualization of criminal responsibility and punishment are investigated. The term “crime classification” has been interpreted, the principles and functions of classification have been defined. The definition of the classification criterion, the content of public danger in the doctrine of criminal law, for which there is a large number of scientific views, is given. The criteria of public danger as a material sign of a crime are defined. According to Article 12 of the Criminal Code of Ukraine, depending on the severity of the crime, the crimes are divided into crimes of low gravity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. Crime classification is inextricably linked to the principles of formal logic and the laws of dialectics. The analysis of the theoretical provisions of the classification of crimes shows that the current legislative definition of crimes of small gravity, medium gravity, grave and especially grave, - is constructed with the non-observance of some basic rules of formal logic concerning the necessity of using in one classification the same grounds and grounds . It should also be noted that the neglect of the typical sanction by the legislator as the sole classification criterion has led to the emergence of an additional formal criterion in the form of a fine, which in itself contradicts the generally accepted doctrinal provisions for constructing the classification.

EXEMPTION FROM CRIMINAL RESPONSIBILITY AND PUNISHMENTAS A FROM OF CRIMINAL PROTECTION

2020 ◽  
Author(s):  
Raul' Dzhindzholiya ◽  
Ruslan Zhirov ◽  
Azamat Dzuev
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Protection

This article is devoted to the study of the essence and content of institutions of exemption from criminal responsibility and punishment. It is concluded that exemption from criminal responsibility and punishment as two types of criminal protection serve to implement the principles of humanism and justice in criminal law; ensure that the convict is corrected without criminal coercion.

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