scholarly journals Koncepcje eugeniczne w polskiej nauce kryminologii w okresie międzywojennym (aspekty prawno-kryminalne)

2021 ◽  
Vol 43 (1) ◽  
pp. 233-241
Author(s):  
Józef Koredczuk
Keyword(s):  
Criminal Law ◽  
German Law

The aim of the article is to show the role of eugenic concepts in the views of Polish legal criminologists looking for solutions to reduce crime. One way they considered was castration and especially sterilization of criminals, believing that the propensity to commit crimes is hereditary. These concepts raised great moral and ethical doubts as well as legal ones. Most of them met with opposition from Polish lawyers, but were still popular due to the influence of the anthropological school in the study of criminal law. In the 1930s, the solutions were adopted in German law.

Beyond Bias

2020 ◽  
pp. 736-753
Author(s):  
Chelsea Barabas
Keyword(s):  
Best Practices ◽  
Criminal Law ◽  
Criminal Justice Reform ◽  
Trade Offs ◽  
System P ◽  
Accuracy Measures ◽  
Criminal Legal System ◽  
And Function ◽  
Role And Function

This chapter discusses contemporary debates regarding the use of artificial intelligence as a vehicle for criminal justice reform. It closely examines two general approaches to what has been widely branded as “algorithmic fairness” in criminal law: the development of formal fairness criteria and accuracy measures that illustrate the trade-offs of different algorithmic interventions; and the development of “best practices” and managerialist standards for maintaining a baseline of accuracy, transparency, and validity in these systems. Attempts to render AI-branded tools more accurate by addressing narrow notions of bias miss the deeper methodological and epistemological issues regarding the fairness of these tools. The key question is whether predictive tools reflect and reinforce punitive practices that drive disparate outcomes, and how data regimes interact with the penal ideology to naturalize these practices. The chapter then calls for a radically different understanding of the role and function of the carceral state, as a starting place for re-imagining the role of “AI” as a transformative force in the criminal legal system.

International Treaties and The German Constitution

2019 ◽  
pp. 171-190
Author(s):  
Stefan Kadelbach
Keyword(s):  
German Law ◽  
Foreign Affairs ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Basic Law ◽  
The Status ◽  
German Constitution ◽  
Federal Constitutional

This chapter deals with the making, status, and interpretation of international treaties under the German Constitution. It describes the interrelationship of the different institutions in treaty-making and shows how a comparatively old provision of the German Basic Law has been adapted slowly to new circumstances over the past decades. Thus, even though foreign affairs has remained a domain of the executive, several developments have contributed to an enhanced role of Parliament over time. These developments are partly due to the role of special sectors of law such as EU law and the law governing the use of force and partly due to changes in constitutional practice. As for the status of treaties in German law, the Federal Constitutional Court has developed a stance according to which treaties generally share the rank of the legal act that implements them into domestic law. A notable exception is the European Convention of Human Rights, which has assumed a quasi-constitutional rank by means of consistent interpretation. Some reference is made to other continental systems to assess how far different constitutions bring about certain features; various systems appear similar in many respects at first sight, whereas features in which they differ may be a source of inspiration for future constitutional practice.

scholarly journals Criminal Law and Republican Liberty: Philip Pettit’s Account

2021 ◽  
Author(s):  
Jeremy Horder
Keyword(s):  
Political Theory ◽  
Criminal Law ◽  
Significant Challenge ◽  
Philip Pettit ◽  
Republican Liberty ◽  
Republican Theory

AbstractPhilip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely because I can make choices without interference. I am truly free, only if that non-interference does not itself depend on another’s forbearance (what Pettit calls ‘formal’ freedom). Pettit believes that the principal justification for the traditional focus of the criminal law is that it constitutes a bulwark against domination. I will, in part, be considering the merits of this claim. Is the importance of the orthodox realm of the criminal law solely or mainly explained by the wish to protect people from domination? In short, the answer is that it is not. Across the board, the criminal law rightly protects us equally from threats to what Pettit calls ‘effective,’ as opposed to formal, republican freedom. I will develop my critique of Pettit’s account of criminal law, in part to raise questions about the role of ‘domination’ in political theory, and about whether it poses a significant challenge to liberal accounts of criminal law.

scholarly journals The Role of Intuition and Prognostic Risk Assessment Regarding the Leave of Offenders with Mental Disorders

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
C. Schmitt
Keyword(s):  
Risk Assessment ◽  
Mentally Ill ◽  
Psychological Factors ◽  
Methodological Problem ◽  
German Law ◽  
Decision Makers ◽  
Mentally Ill Offenders ◽  
Rare Occurrence ◽  
German State

The granting of leave during terms of imprisonment plays an important part in the treatment of mentally ill offenders. According to German law, leave is to be granted in those cases where the abuse of this privilege or an attempt to flee can be negated. These regulations also, however, imply that the risk assessment of a patient's offence-related recidivism can not be the only criterion for the granting of leave.So far, there have only been few studies about the prognostic risk assessment of the general abuse of leave. This is rather astonishing, as the granting of leave outside the institutional grounds, in particular, is a decision which often leaves those responsible fraught with anxiety. Furthermore, the abuse of a granted temporary release can lead to severe consequences on various levels.As part of a study to be conducted in the German state of Rhineland-Palatinate, decisions about granting leave are to be analyzed and possible predictors of the abuse of leave are to be examined.It is assumed that the abuse of leave is likely to be motivated by the conditions of particular situations and can primarily be explained by normal psychological factors.However, it should be pointed out that, as the abuse of leave is such a rare occurrence, it poses a significant methodological problem. The criterion to be examined therefore needs to be exactly defined and particular attention must be paid to achieve an adequately high interreliability of the decision makers.

scholarly journals Analysis of Protection of Major Witness in Corruption Eradication Cases

2021 ◽  
Vol 8 (11) ◽  
pp. 78-88
Author(s):  
Ismaidar .
Keyword(s):  
Criminal Law ◽  
Legal Aspect ◽  
National Development ◽  
Criminal Cases ◽  
Descriptive Research ◽  
Corruption Case ◽  
System 2 ◽  
The Common ◽  
Research Type

Corruption has become massive societal phenomenon that has been regarded as extraordinary crimes threatening Indonesian economy and impeding national development. All societal elements expect that it will not be unresolved problems. Until recently, criminal law policy in its attempt to eradicate corruption has more put emphasis on the perpetrator. Such policy on witness protection, in the criminal case of corruption, needs to be optimized because it can be an alternative legal instrument in the attempt to eradicate corruption. Law-enforcement authorities face difficulties in unfolding a corruption case because it is often well systematically planned. In many cases, witnesses are reluctant to report a corruption case because of threat, intimidation, and criminalization posed to them. Problems are (1) How is the regulation of witness protection act and the corruption eradication in Indonesia? (2) How is the urgency of witness protection in the criminal cases of corruption eradication? (3) How is criminal law policy on witness protection to facilitate the corruption eradication in Indonesia? This research employs normative juridical approach with the descriptive research type. Findings show that(1) the development of witness protection act in the corruption case is highly relate to the witness stand on the criminal justice system; (2) the urgency of witness protection in the corruption eradication process is highly related to the common occurrence of intimidation and threat toward the witnesses. It indicate that the witness and victim protection is an important and urgent legal aspect; (3) criminal law policy in the corruption eradication process put more emphasis on the perpetrators and less concern on the witnesses involved in legal investigation. It is necessary to optimize the role of LPSK in criminal law policy including in giving the protection to witness in the case of corruption eradication; therefore, it is important to conduct legal update on the witness protection act in the case of corruption eradication process. Keywords: Witness Protection, Corruption Eradication, Criminal Law Policy.

scholarly journals Summum supplicium in the Legislation of Christian Roman Emperors

2019 ◽  
pp. 39-56
Author(s):  
Andrzej Chmiel
Keyword(s):  
Present State ◽  
Criminal Law ◽  
Social Groups ◽  
The Political ◽  
New Order ◽  
Political Struggle ◽  
Criminal Penalty ◽  
Legal Situation ◽  
Criminal Legislation

This publication is an attempt to answer the question: what was the role of the criminal penalty, especially in its strictest form (summum supplicium) in the Roman legislation of Christian emperors? Finally, whether is it noticeable, based on the example of summum supplicium, that Christianity influenced the Roman criminal law in any way? As it has been demonstrated, the new state religion did not radically change the Roman criminal legislation. The legislation of the Christian emperors confirmed both, the division of society into servi and liberii that had existed for centuries in the Roman state and the diversity of the legal situation of individual social groups. Punishment in the legislation of Christian emperors continued to fulfil the role it had played in the previous centuries and became, even more than ever before, an essential tool for the political struggle of the present state authority. The finest example of this was the legislation of Constantine the Great, followed by all the severity of criminal repression which resulted in the issuing of this legal act. A great desire to bring about a new order, maintain power and even the fear of losing it can be detected in the strictness of the Constantine’s legislation. Finally, the once persecuted Christians began to behave like their previous persecutors.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

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