scholarly journals Purposes and Functions of Public Punishment in Roman Law in the Perspective of Justinian's Codification

2019 ◽  
pp. 21-37
Author(s):  
Krzysztof Amielańczyk
Keyword(s):  
Death Penalty ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Primary Objective ◽  
Roman Law ◽  
Discretionary Power ◽  
Judicial Decisions ◽  
Aulus Gellius ◽  
Seneca The Younger ◽  
Criminal Matters

The objectives and functions of the punishment for a public offence (crimen) had already been discussed by M. Tullius Cicero, Seneca the Younger, or Aulus Gellius many centuries before Emperor Justinian. According to their statements, the Romans distinguished in principle all the types of punitive functions known today: deterrence (special and general prevention), reprisal (retaliation), elimination (protection of society against the perpetrator), and even the rehabilitation (educative) function. The emergence of the imperial judiciary extra ordinem in criminal matters could have been conducive to performance of various functions assigned to various penalties, along with the possibilities offered by the discretionary power of judicial decisions. However, when reading Emperor Justinian’s Constitutio Tanta and the numerous accounts from the Roman jurists included in his codification, contained in Book 48 of the Digest, one may be convinced that the function of paramount importance for the emperor was to deter potential perpetrators by means of severe penalties, including notably the death penalty. The educational function was rather marginal. The primary objective of the imperial criminal policy was the ruthlessly severe punishing for criminal offences (severitas, atrocitas) and the implementation of the postulate of inevitability of criminal responsibility.

scholarly journals CAPITAL PUNISHMENT AS A CONSEQUENCE OF THE FUNDAMENTAL PHYSICAL LAWS GOVERNING CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 249-263
Author(s):  
S. G. Ol’kov
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Criminal Penalty ◽  
Criminal Penalties ◽  
The Law ◽  
Scientific Results ◽  
Prevention Of Crime ◽  
Physical Laws

The purpose of the article, based on the mathematical model of criminal responsibility and the fundamental laws of criminal policy, is to prove the necessity of applying the maximum criminal penalty in the form of a death penalty. Scientific methods: methods of mathematical analysis, probability theory, and mathematical statistics. Scientific results obtained by the author: the necessity of using the maximum criminal penalty in the form of the death penalty is proved on the basis of the law of increasing marginal utility of criminal penalties and the law of demand for goods of crime at a price, because this punishment provides a strong deterrence of crime, both at the level of General and special prevention of crime by criminal penalties. It is shown that in 2019 in Russia, the elasticity of real crime was 3.22%, the latency multiplier for General crime was 3.38, with the minimum latency for robberies of 1.03 and the maximum for fraud of 11.26. Equation of demand for a product crime by price for real crime in 2019 in Russia

scholarly journals Criminal responsibility for medical malpractice in the jurisdictional practice of Serbia

2019 ◽  
Vol 147 (5-6) ◽  
pp. 380-385
Author(s):  
Vladimir Miletic
Keyword(s):  
Medical Malpractice ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Healthcare Services ◽  
Theory And Practice ◽  
Special Importance ◽  
Medical Assistance ◽  
Public Attention ◽  
The Public ◽  
The Republic

In the field of protection and improvement of people?s health, there is a special importance of legally, efficiently, regularly, professionally, and punctually providing medical care, performing other healthcare services, or simply providing medical assistance or care. In this way, an essential social function is achieved, as well as the protection of the constitutionally proclaimed right of physical and mental integrity of the public. However, deterioration of an individual?s health who has been medically assisted is possible in the process of providing medical, or any other assistance in the field of medicine. If it is a gross medical misconduct or any other type of medical misconduct, or gross violation of a profession?s rules, because of which there is a possibility of deterioration of health of one or more individuals, then the crime of medical negligence, for which there are strict statutory offences, applies. This article addresses the aspect of theory and practice about the significance, social jeopardy, and prevalence of this crime, or criminal policy of courts in the Republic of Serbia, alongside many articles in the printed and electronic media which provoke great public attention and rough comments.

Advanced Introduction to Mental Health Law

2021 ◽  
Author(s):  
Michael L. Perlin ◽  
Keyword(s):  
Mental Health ◽  
United States ◽  
General Practice ◽  
Intellectual Disabilities ◽  
Death Penalty ◽  
The United States ◽  
Health Law ◽  
Legal Scholar ◽  
Dynamic Relationship ◽  
Criminal Matters

Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.

The Execution of Wallace Wilkerson

2017 ◽  
Vol 42 (4) ◽  
pp. 349-367 ◽  
Author(s):  
James R. Acker ◽  
Ryan Champagne
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Legal Documents ◽  
Judicial Decisions ◽  
Firing Squad ◽  
Lethal Injection ◽  
The U.S

Wallace Wilkerson was executed by a Utah firing squad in 1879 after the U.S. Supreme Court affirmed the constitutionality of his sentence. Shots from the marksmen’s rifles missed his heart. Not strapped into the chair where he had been seated, Wilkerson lurched onto the ground and exclaimed, “My God!…They missed it!” He groaned, continued breathing, and was pronounced dead some 27 min later. Relying on contemporaneous news accounts and legal documents, this article describes Wilkerson’s crime, the judicial decisions upholding his death sentence, and his execution. It next examines ensuing methods of capital punishment from the electric chair through lethal injection and notes persistent gaps between principle and practice in the continuing quest for increasingly humane modes of execution. The article concludes by suggesting that Wilkerson’s botched firing squad execution harbingered difficulties which continue to plague capital punishment. The implications for the future of the death penalty—a long-standing and resilient practice in American criminal justice—and the ultimate legacy of Wallace Wilkerson remain uncertain, although starkly evident is the daunting and perhaps impossible challenge of reconciling the paradox inherent in the concept of a “humane execution.”

scholarly journals Criminal Liability for Organization of Illegal Migration

2021 ◽  
Vol 39 (68) ◽  
pp. 581-595
Author(s):  
Mariya Vyacheslavovna Talan ◽  
Ildar Rustamovich Begishev ◽  
Tatyana Gennadievna Zhukova ◽  
Diana Davlenovna Bersei ◽  
Regina Rustеmovna Musina ◽  
...  
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Group ◽  
Criminal Policy ◽  
International Criminal Law ◽  
Unified Approach ◽  
Illegal Migration ◽  
Criminal Groups ◽  
Group Association

The article discusses the criminal responsibility for illegally organizing migration, using a comparative documentary-based methodology. Constant changes in public life suggest the need to improve states' criminal policy in the field of establishing responsibility for organizing illegal migration, both nationally and internationally. An analysis of the provisions of international criminal law makes it possible to consider various legal approaches to the criminalization of acts in the field of migration. The document underpins the need to develop a unified approach to determining the characteristics of the crime in question, as it is transnational. It is concluded that, regardless of the different approaches of States to recognize illegal population migration, the organization of this illegal activity, in the presence of certain signs, should be recognized as a crime. At the same time, the organization of illegal migration is defined as the commission by a criminal group (association of criminal groups) of actions aimed at creating the conditions for the illegal movement of foreign nationals across the state border or their illegal presence in each country.

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