Provisions on the definition of crime in the criminal law of the United States

2021 ◽  
Vol 67 (06) ◽  
pp. 97-101
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
United States ◽  
Key Words ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
Modern World ◽  
Cultural Integration ◽  
Foreign Countries ◽  
Foreign Law ◽  
Definition Of

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. U.S. criminal law has long developed under the influence of British common law and has gradually taken shape. Therefore, in different states of the United States, the criminal law analyzes the provisions on the definition of crime. Key words: crime, felony, misdiminora, murder

Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

ОСОБЕННОСТИ ПОДГОТОВКИ КАДРОВ ДЛЯ ПЕНИТЕНЦИАРНОЙ СИСТЕМЫ В США

2020 ◽  
Author(s):  
Vladimir Unterov ◽  
Elizaveta Eremeeva
Keyword(s):  
United States ◽  
The United States ◽  
Training System ◽  
Modern World ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Personal Qualities ◽  
The Russian Federation ◽  
Prison Systems ◽  
Correction System

Статья посвящена изучению зарубежного опыта подготовки кадров для пенитенциарных систем. Его анализ и рассмотрение возможности внедрения отдельных элементов направлены на совершенствование системы подготовки сотрудников для уголовно-исполнительной системы России, повышение их профессионального уровня, что в конечном счете будет способствовать достижению главной цели УИС - исправлению осужденных. Авторы особое внимание уделяют изучению специально-профессиональных и личностных качеств, необходимых сотрудникам пенитенциарных учреждений. В статье рассматриваются особенности подготовки сотрудников пенитенциарной системы в Соединенных Штатах Америки. Важнейшей задачей образовательных учреждений и центров по подготовке кадров для пенитенциарной системы США является обеспечение будущих сотрудников знаниями, необходимыми для выполнения профессиональных обязанностей в рамках предстоящей деятельности. Также авторы подчеркивают важность развития при подготовке будущих сотрудников не только профессиональных, но и личностных качеств.The article is devoted to the study of foreign experience in order to improve the training system for the Russian penal correction system. In particular, the training of prison officials in the United States of America is considered as one of the most developed States in the modern world. The improvement of the training process for the Russian penal correction system implies the development of international cooperation with the prison systems of foreign countries. The study of foreign experience of penitentiary education contributes to the improvement of the professional level of the staff of the Penal Correction Service and, ultimately, to the achievement of the main goal - correction of convicts. The authors pay particular attention to the study of specific professional and personal qualities required by potential prison staff. Since there have been significant positive changes in the formation of professional qualities of the future employee of the Russian penal correction system over the past decade, the main focus of the work is on the formation of personal (universal) qualities of the employee of the Federal Penal Correction Service of the Russian Federation, for which the positive experience of the United States is analyzed.

9. National and international responses to computer-related crime

2020 ◽  
pp. 161-172
Author(s):  
Ian J. Lloyd
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
The Internet ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Legislative History ◽  
Limited Effectiveness ◽  
Almost All

Computer related crime features increasingly prominently in criminal statistics. As we move towards a cashless society where money is represented by data held on a computer system, so the range and scale of conduct is assuming almost epidemic proportions. Significant issues arise whether and where particular forms of conduct constitute criminal offences. These decisions have historically been a matter for national authorities. As with many issues covered in this book, the emergence of the Internet has brought about significant changes as it has become increasingly apparent that national legislation can be of limited effectiveness. Although cross-border conduct has occurred for very many years and the doctrine of extradition is a well-established one, such actions were the exception to a norm in which all aspects of conduct occurred in a single jurisdiction. The United Kingdom’s legislative history in the field of computer related crime date to the Computer Misuse Act of 1990. In many respects, this legislation restated the position that had been reached under common law where a number of cases had determined that computer related conduct could be prosecuted under existing provisions of the criminal law. In 2001 the Council of Europe Cybercrime Convention was opened for signature and remains the most significant international instrument in the field, having been ratified by almost all European States and a number, including the United States, of non-European jurisdictions. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.

scholarly journals The Need for Specific Penalties for Hacking in Criminal Law

2014 ◽  
Vol 2014 ◽  
pp. 1-6 ◽  
Author(s):  
Sangkyo Oh ◽  
Kyungho Lee
Keyword(s):  
United States ◽  
Side Effects ◽  
Criminal Law ◽  
The United States ◽  
National Literature ◽  
Court Decisions ◽  
Severe Punishment ◽  
Definition Of ◽  
Computer Fraud

In spite of the fact that hacking is a widely used term, it is still not legally established. Moreover, the definition of the concept of hacking has been deployed in a wide variety of ways in national literature. This ambiguity has led to various side effects. Recently in the United States, reforms collectively known as Aaron's Law were proposed as intended amendments to the Computer Fraud and Abuse Act (CFAA). Most experts expect that this change will put the brakes on the CFAA as a severe punishment policy, and result in a drop in controversial court decisions. In this study, we analyze the definitions and the penalties for hacking for each country and compare them with the national law and then make suggestions through more specific legislation. We expect it will reduce legal controversy and prevent excessive punishment.

An Index of Comparative Legislation

1906 ◽  
Vol 1 (1) ◽  
pp. 62-75
Author(s):  
W. F. Dodd
Keyword(s):  
United States ◽  
Social Relations ◽  
The United States ◽  
United States Government ◽  
Foreign Countries ◽  
Foreign Law ◽  
American Students ◽  
States Government ◽  
Annual Index ◽  
To Come

For several years the plan of publishing an annual index or summary of foreign legislation has been under discussion among American students of political science. The Librarian of Congress has recommended that such a publication be undertaken by the United States Government, and it seems possible that his efforts in this direction may finally be successful. Information concerning foreign legislation is now difficult to obtain, and the usefulness of a publication that would make more easily available the substance of current foreign laws is well recognized.The demand for information of foreign legislation may be said to come from three sources: (1) From practicing lawyers who handle cases involving the laws of other countries. The increasing American investments abroad and the closer social relations which have developed between the United States and foreign countries make it necessary that our lawyers should know something of the legal institutions of other nations. In our great seaboard cities lawyers have already begun to devote themselves to foreign law as a specialty, and important legal firms find it necessary to have foreign connections. (2) Our legislators are beginning to look more closely into the experiences of other countries. Statesmen are coming to see that one country may well prove a laboratory for others in the field of social legislation, and to wish to profit by foreign successes and to avoid foreign failures. Germany has gone very far in the matter of governmental insurance and in legislation for the protection of labor, and it is within these fields that we may expect future legislation in the United States.

scholarly journals The Private Investigator and the Right to Privacy

1969 ◽  
pp. 256 ◽  
Author(s):  
Elaine F. Geddes
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
The Right To Privacy ◽  
Private Investigator ◽  
The Status ◽  
The Common ◽  
The Individual ◽  
The Right

The author examines the law with respect to the status and powers of private investigators and reviews cases in both Canada and the United States involving the activities of private investigators. Possible remedies available against the private investigator, both in tort and criminal law, are reviewed, as well as American cases on the common law of invasion of privacy, Canadian cases under the various provincial Privacy Acts and possible remedies under the Charter of Rights. Privacy is the right of the individual to decide for himself how much of his life, his thoughts, emotions and the facts that are personal to him he will share with others.

scholarly journals Parental Criminal Responsibility for the Misconduct of Their Children: A Consideration

2018 ◽  
Vol 21 ◽  
pp. 1-21
Author(s):  
Charnelle Van der Bijl
Keyword(s):  
United States ◽  
South African ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Common Law ◽  
Strict Liability ◽  
The United States ◽  
Parental Responsibility ◽  
The Common

This contribution examines parental criminal responsibility for the delinquent acts of their children.  As South African law has been swayed by legal philosophy of Anglo-American jurisprudence, a comparative analysis is undertaken with the United States of America, where this issue has been addressed legislatively in both civil tort law and criminal law. The reasoning behind the implementation of specific legislation in the United States is that the common law principles are rooted on the principles of individualisation, which does not specifically cater for parental liability.  Parental responsibility laws have been challenged constitutionally over the years in the United States. Critics are of the view that such laws interfere with the rights of parents to raise their children and are a form of cruel punishment. Additional criticism raised is that parental responsibility laws impose strict liability on parents. Furthermore, some misgivings have been shed that many parents face challenges of being single parents or poverty, which will be exacerbated with the imposition of fines or imprisonment for the misconduct of their children. Despite these concerns and criticism, it will be shown that these laws have withstood the challenges over many decades, in the United States, in both the fields of the law of tort and criminal law. The common law of tort provides for the liability of parents for the conduct of their child. However, such conduct must be specifically attributable to a parent’s action or inaction. The purpose behind tort parental responsibility legislation focuses not only on providing monetary compensation by parents where their children are unable to do so, but also aims to encourage parents to provide better supervision of their children.  At the opposite end of the spectrum, the focus of statutory criminalisation tends to remain on criminal liability of parents for failing to protect others from their child, due to a failure in supervision and to prevent juvenile delinquency.  The South African law of delict is briefly contiguously considered in the context of parental responsibility laws. The concept of parental criminal responsibility laws under South African law is then considered and proffered as a useful mechanism to regulate misconduct of children currently falling outside the aegis of the criminal law.

scholarly journals ALTERNATIVE TO CRIMINAL PROSECUTION IN FOREIGN LAW

2018 ◽  
Vol 22 (2) ◽  
pp. 152-157
Author(s):  
A. V. Alexandrova
Keyword(s):  
Criminal Law ◽  
Public Interest ◽  
Western Europe ◽  
The United States ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Procedural Law ◽  
Foreign Countries ◽  
Low Degree ◽  
Foreign Law

In this article, alternative methods of criminal prosecution are considered using the example of foreign countries. The Institute for the Exemption from Prosecution of the person who committed the crime is provided for in foreign legislation in criminal and criminal procedural law. There are many legal institutions serving as alternatives to criminal prosecution. Most of them are called upon to reconcile the conflicting parties - the victim and the perpetrator. Conflict resolution entails the termination of prosecution, which is possible both at the pre-trial stage and after the start of the trial. As a rule, the use of such alternatives is allowed in cases of crimes with a low degree of public danger, and in the event that the consequences of such acts can be eliminated or material damage is compensated. Law enforcers in foreign countries most often refer to the following measures, which are alternatives to criminal prosecution: mediation, payment of a fine, transaction and refusal of criminal prosecution in view of its inexpediency. It seems that there are several options for classifying foreign countries depending on the institutions that are characteristic for them, allowing legitimate avoidance of criminal prosecution. The existence of a variety of alternatives to criminal prosecution, as well as conciliation procedures in the legislation of some countries of Western Europe and the United States are aimed at maintaining a reasonable balance between the punitive potential of criminal law and incentive standards, which is expressed in the ban on the refusal to prosecute certain categories of crimes, including on those where there is a public interest. The application of alternatives to criminal prosecution makes it possible to exclude the consequences of criminal acts outside procedural ways, to find the best means of combating crime, and to facilitate the resocialization of the perpetrators of the crime.

scholarly journals Comparative Legal Research on Contract Law Changes Under Covid-19 Pandemic: England, United States, Asia and Ukraine

2021 ◽  
Vol 10 (1) ◽  
pp. 123-150
Author(s):  
Inna Vorotyntseva ◽  
Ivanna Hranina ◽  
Maryna Pysarenko
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Contract Law ◽  
Legal Research ◽  
Dynamic Changes ◽  
Distinctive Features ◽  
Foreign Countries ◽  
Force Majeure ◽  
The Common

The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries’ courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries.

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