Crime Stories: Criminal, Society, and the Modernist Case History

2002 ◽  
Vol 80 (1) ◽  
pp. 34-61 ◽  
Author(s):  
Todd Herzog

THIS ARTICLE EXAMINES the role that the case history plays in distinguishing criminal from noncriminal. It focuses on a remarkable moment in the development of the criminal case history: the ambitious but short-lived series Außßenseiter der Gesellschaft——die Verbrechen der Gegenwart (Outsiders of Society——the Crimes of Today), published in Germany in 1924-25. In a project without precedent in German literature, the series enlisted the talents of some of Germany's and Austria's most important novelists and journalists to write book-length studies of recent sensational criminal cases. The topics covered in the series ranged widely,from the confidence schemes of the impostor who called himself Freiherr von Egloffstein, to the Hitler-Ludendorff trial, to the career of the serial killer Fritz Haarmann. Though it existed for only a little over one year, the Outsiders series——which ultimately ran to fourteen volumes——occupies a crucial role in documenting the ways in which criminality was understood in Weimar Germany. Aside from the presence of an all-star cast of writers, the significance of the Outsiders series lies in its rethinking and reworking the aims and possibilities of the genre of the criminal case history. The series sought to intervene in the tradition of crime narratives (especially the case study as exemplified in the Pitaval, the archive of criminal cases that enjoyed widespread popularity in Europe from the eighteenth to the early twentieth century) in order to question the nature and effects of the genre. If narrative is one of the primary techniques by which the criminal and the noncriminal are distinguished, then the crisis of narration that is a central characteristic of modernist literature would naturally precipitate a crisis of this mechanism of distinction when brought to bear on the discussion of criminals. When the belief in the ability to narrate a life story comes into doubt, the belief in the ability of a narrative to separate criminal from noncriminal and to reconstruct the events that lead to a crime also fall under suspicion. Turning their attention precisely to the relationship that Michel Foucault would later concentrate on——that between the criminal and his examiners——these studies repeatedly show the criminal to be the object of juridical, medical, journalistic, popular, and literary attention. The diverse group of contributors to the series reflects the hybrid nature of this crossover project, which brings a combination of reportage, fictional techniques, and scientific analysis to bear on an area that is usually the domain of legal and medical specialists. At the same time, the series incorporates medical texts and trial documents into what often reads like a fictional narrative. This multivalence is precisely what the series aims to attain as it demonstrates the impossibility of clearly locating causality and guilt, seeking instead to map the connections and contradictions between the various discourses that endeavor to make the criminal visible as a distinct and deviant individual. In so doing, it develops a genre that would become increasingly popular over the course of the twentieth century,the nonfiction documentary crime novel.

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation


2009 ◽  
Vol 32 (1) ◽  
pp. 55-76
Author(s):  
Quan Manh Ha

Trey Ellis has emerged as a prominent African American writer of the late-twentieth century, despite the small number of his published works. “The New Black Aesthetic,” an essay that he first published in CaUaloo in 1989, one year after the publication of his first novel, Platitudes, stands as a manifesto that defines and articulates his perspective on the emerging black literary voices and culture of the time, and on “the future of African American artistic expression” in the postmodern era.1 According to Eric Lott, Ellis's novel parodies the literary and cultural conflict between such male experimental writers as lshmael Reed and such female realist writers as Alice Walker.2 Thus, Ellis's primary purpose in writing Platitudes is to redefine how African Americans should be represented in fiction, implying that neither of the dominant approaches can completely articulate late-twentieth-century black experience when practiced in isolation. In its final passages, Platitudes represents a synthesis of the two literary modes or styles, and it embodies quite fully the diversity of black cultural identities at the end of the twentieth century as it extends African American literature beyond racial issues. In this way, the novel exemplifies the literary agenda that Ellis suggests in his theoretical essay.


2020 ◽  
Vol 6 ◽  
pp. 72-80
Author(s):  
A. V. Galahova ◽  
Y. I. Antonov ◽  

The article is devoted to systematization of generalized appeal and cassation practice on errors in criminal cases of corruption crimes in 2017–2018. Errors are systematized in such areas as the unfairness of the sentence; the absence of a crime in the act; inconsistency of the conclusions of the court set out in the sentence, the actual circumstances of the criminal case; incorrect application of the provisions of the criminal law in time and its retroactive effect.


2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.


Lex Russica ◽  
2019 ◽  
pp. 117-131 ◽  
Author(s):  
I. I. Sheremetev

The paper deals with topical issues related to the use of digital technologies in criminal proceedings. The author presents the directions of digitization of the court and the principles of using artificial intelligence, formulated by the bodies of the Council of Europe. The stages of the emergence of individual digital technologies first in the work of arbitration courts, and later — courts of general jurisdiction are shown. Existing and promising digital technologies are considered as the criminal case moves, after its submission in court from the Prosecutor. Considerable attention is given to the order of formation of the court for the consideration of a particular criminal case. The author analyzes the difficulties encountered in the use of an automated information system in this matter, and proposes ways to resolve them. The author considers it necessary to use e-mail to call victims, witnesses and other participants in the proceedings, for which he proposes to make appropriate changes to the current procedural legislation. The article reveals the current procedure and prospects for the use of video conferencing systems, audio and video recording of the trial in the criminal process. The author reports on the experimental development of speech recognition programs for participants in the trial. Special attention is given to the achievements in the implementation of digital technologies in the Moscow courts, implemented in the course of the international project «Support for judicial reform». In this regard, the author describes the creation of electronic copies of traditional «paper» cases in the courts of Moscow, making the proceedings more open.


2021 ◽  
Vol 37 (1) ◽  
pp. 117-122
Author(s):  
E.V. Bykadorova ◽  
◽  
N.V. Manilkin ◽  
N.V. Boldyrev ◽  
◽  
...  

The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.


2020 ◽  
Vol 8 (1) ◽  
pp. 11
Author(s):  
Ari Hani Saputri

<p align="center"><strong><em>Abstract</em></strong></p><p><em>This article tries to discuss the implementation of e-court in general criminal cases. In fact, Perma Number 1 Year 2019 does not include criminal cases. This is because Perma Number 1 of 2019 only allows general civil, family civil, state administrative, and military administrative matters. However, with the corona virus outbreak making the implementation of criminal cases into an online trial, this has a positive impact in the form of a breakthrough for the litigation world due to the existence of e-court, it can be predicted to decrease costs for the trial, but on the other hand there are weaknesses, namely not yet arranged e court for criminal cases. To find a way out, the authors recommend implementing progressive law to fill the legal vacuum while waiting for a positive law that accommodates the implementation of e-court</em></p><p><strong><em>Keywords</em></strong><strong>: </strong><em>E-court, General Criminal Case, Progressive Law</em></p><p align="center"><strong>Abstrak</strong></p><p>Artikel ini mencoba untuk membahas mengenai pelaksaan <em>e-court</em> dalam perkara pidana umum. Sejatinya, dalam Perma Nomor 1 Tahun 2019 tidak mengikutsertakan perkara pidana. Hal ini dikarenakan Perma Nomor 1 Tahun 2019 hanya memperbolehkan perkara perdata umum, perdata keluarga, tata usaha negara, tata usaha militer. Namun dengan adanya wabah virus korona membuat pelaksaan perkara pidana menjadi sidang secara online, hal ini membawa dampak positif berupa terobosan untuk dunia litigasi dikarenakan dengan adanya <em>e-court</em> maka dapat diprediksikan menurunnya biaya untuk persidangan, namun dilain sisi terdapat kelemahan, yaitu belum diaturnya pelaksanaan <em>e-court</em> untuk perkara pidana. Untuk mencari jalan keluarnya maka penulis menganjurkan diterapkannya hukum progresif untuk mengisi kekosongan hukum sambil menunggu adanya sebuah hukum positif yang mengakomodasi pelaksanaan <em>e-court</em>.</p><p><strong>Kata Kunci: </strong><em>E-court</em>, Perkara Pidana Umum, Hukum Progresif</p>


2020 ◽  
Vol 57 (2) ◽  
pp. 158-162 ◽  
Author(s):  
P. Komorová ◽  
Z. Kasičová ◽  
K. Zbojanová ◽  
A. Kočišová

SummaryThree clinical cases of dogs with Pearsonema plica infection were detected in the western part of Slovakia. All cases were detected within five months. Infections were confirmed after positive findings of capillarid eggs in the urine sediment in following breeds. The eight years old Jack Russell Terrier, one year old Italian Greyhound, and eleven years old Yorkshire terrier were examined and treated. In one case, the infection was found accidentally in clinically healthy dog. Two other patients had nonspecific clinical signs such as apathy, inappetence, vomiting, polydipsia and frequent urination. This paper describes three individual cases, including the case history, clinical signs, examinations, and therapies. All data were obtained by attending veterinarian as well as by dog owners.


2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.


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