scholarly journals MEDIATION AS AN ALTERNATIVE MECANISM FOR A PUBLIC LAWSUIT

2021 ◽  
Vol 03 (07) ◽  
pp. 01-10
Author(s):  
Ismahane ABDERREZAK
Keyword(s):  
Criminal Justice ◽  
Social Relations ◽  
Criminal Policy ◽  
Short Term ◽  
Strategic Option ◽  
Points Of View ◽  
Judicial Procedures ◽  
The Right

Criminal mediation is one of the modern means that represents one of the most important legal mechanisms for resolving disputes in a way distinct from what is required by classic judicial procedures. Modern criminal policy has tended towards consensual solutions or consensual conciliatory justice in many cases as a reliable strategic option in reconciling the state’s right to punishment, And the right of the criminal to reform and reintegration, in an attempt to reduce the phenomenon of the criminal justice crisis and the increase in the number of cases before it, and the failure of short-term punishment, so it became necessary to search for better alternatives to gain effort and time and maintain social relations between members of society by introducing a mediator who works on bringing the points of view between the parties to the dispute, and the establishment of an agreement that guarantees reparation for the harm suffered by the victim and guarantees the rehabilitation of the offender under judicial supervision.

scholarly journals Increasing Salience of Crime Control in Finnish Parliamentary Data from the 1970s to the 2000s

2019 ◽  
Vol 6 (2) ◽  
pp. 152-177
Author(s):  
Esko Häkkinen
Keyword(s):  
Criminal Justice ◽  
Public Discourse ◽  
Crime Control ◽  
Criminal Policy ◽  
Decision Makers ◽  
General Level ◽  
The Public ◽  
Post War ◽  
Relative Prevalence ◽  
The Right

In Finland, a post-war expansion of the welfare state was associated with a decline in the use of imprisonment. The 1990s marked the beginning of a more ambivalent era in Finnish criminal justice. How does this turning point appear in the public discourse on crime by political decision-makers? All parliamentary questions and members’ initiatives from 1975 to 2010 were examined with a keyword-based quantitative search, and further content analysis was conducted on data made up of 1589 written parliamentary questions about crime control from 1970 to 2010. The relative prevalence of criminal policy issues rose significantly in the early 1990s. During the same period, the political initiative moved towards the right and the views of the left seemed to move closer to the right concurrently. Although stances became tougher, expressions of leniency were in the minority before the 1990s too, which stresses the significance of the general level of political attention itself. Developments regarding specific types of crime are discussed. Keywords: Criminal justice, penal policy, legal history, parliamentary democracy, political parties, Finland.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Protecting the Desperate: The Regulation of Payday Lending

2015 ◽  
Vol 43 (1) ◽  
pp. 147-176
Author(s):  
Andrew J Serpell
Keyword(s):  
Consumer Credit ◽  
Law Reform ◽  
Payday Lending ◽  
Short Term ◽  
Payday Loans ◽  
The Law ◽  
The Right ◽  
Credit Contracts ◽  
The Cost

Payday loans are small-amount, short-term, unsecured, high-cost credit contracts provided by non-mainstream credit providers. Payday loans are usually taken out to help the consumer pay for essential items, such as food, rent, electricity, petrol, broken-down appliances or car registration or repairs. These consumers take out payday loans because they cannot — or believe that they cannot — obtain a loan from a mainstream credit provider such as a bank. In recent years there has been a protracted debate in Australia — and in several overseas jurisdictions — about how to regulate the industry. Recent amendments to the National Consumer Credit Protection Act 2009 (Cth) — referred to in this article as the 2013 reforms — are designed to better protect payday loan consumers. While the 2013 reforms provide substantially improved protection for payday loan consumers, further changes to the law may be warranted. This article raises several law reform issues which should be considered as part of the 2015 review into small amount credit contracts, including whether the caps on the cost of credit are set at the right level, whether the required content and presentation of the consumer warnings needs to be altered, whether more needs to be done to protect consumers who are particularly disadvantaged or vulnerable and whether a general anti-avoidance provision should be included in the credit legislation.

scholarly journals Considerations for Pediatric Retirement from Athletics Following Repetitive Concussive Traumatic Brain Injury: Incorporating the Right to an Open Future

2021 ◽  
Vol 18 (5) ◽  
pp. 2266
Author(s):  
Tyler S. Gibb ◽  
Kathryn Redinger ◽  
Casey Fealko ◽  
Sonia Parikh
Keyword(s):  
Clinical Evidence ◽  
Open Future ◽  
Short Term ◽  
Institutional Policies ◽  
Athletic Competition ◽  
Adolescent Athlete ◽  
Clinical Considerations ◽  
Federal Laws ◽  
The Right ◽  
Concussive Injury

Guidance regarding the decision to remove an adolescent from athletic competition immediately following an acute concussive injury and the safe return of play in the short term is widely accepted and supported by clinical evidence, local institutional policies, and state and federal laws. There is considerably less guidance regarding the decision to permanently retire an adolescent athlete for medical reasons due to concussive injuries. In this article, we discuss the clinical and non-clinical considerations that should guide clinicians in discussions regarding the adolescent athlete’s permanent retirement by emphasizing the ethical obligation to protect the child’s right to an open future as possibly determinative in otherwise ambiguous cases.

scholarly journals The Short-Term Effect of Active Skeletonized Sutural Distractor Appliance on Temporomandibular Joint Morphology of Class III Malocclusion Subjects

2021 ◽  
Author(s):  
Mohamed Zahoor Ul Huqh ◽  
Rozita Hassan ◽  
Roselinda Abdul Rahman ◽  
Asilah Yusof ◽  
Ida Bagus Narmada ◽  
...  
Keyword(s):  
Temporomandibular Joint ◽  
Term Effect ◽  
Class Iii ◽  
Class Iii Malocclusion ◽  
Short Term ◽  
Short Term Effect ◽  
Condylar Position ◽  
Joint Morphology ◽  
The Right ◽  
Condylar Volume

Abstract Objectives The purpose of this study was to evaluate the short-term effect of active skeletonized sutural distractor (ASSD) appliance on temporomandibular joint morphology of class III malocclusion subjects. Materials and Methods This was a prospective interventional study. Cone-beam computerized tomography (CBCT) images of 22 patients were taken before and after treatment by using Planmeca Promax 3D CBCT machine version 2.9.2 (Planmeca OY Helsinki, Finland). The condylar width, height, length, roof of glenoid fossa thickness, and all joint spaces were measured. The condylar position was determined based on Pullinger and Hollander formula. The condylar shape was determined as per Kinzinger et al. The condylar volume was calculated by using Mimics software (Materialize, Belgium). Statistical Analysis Data analysis was performed by using SPSS software version 24. Wilcoxon paired signed-rank test was used to compare the difference in temporomandibular joint morphology and condylar volume between pre- and post-treatment measurements. Chi-square test was used to compare the condylar position and shape. Results The superior (p = 0.000 on the right side, p = 0.005 on the left side) and posterior joint spaces (p = 0.000 on both sides) were decreased after the treatment, respectively. The condyles were rotated upward and backward, thereby increasing the anterior joint spaces (p = 0.000 on both sides) after the treatment. The condylar volume increases after treatment, but no significant differences were observed (p = 0.903 on the right side, p = 0.062 on the left side). Conclusion The significant changes were observed in joint spaces. The condyles were more anteriorly placed before treatment. Condylar position and shape alter in response to ASSD treatment. The condylar volume did not show any significant change.

Introducing Victim Impact Statement in India: Reconceptualizing Victim Status

2021 ◽  
pp. 251660692199175
Author(s):  
Devansh Dubey ◽  
Payas Jain
Keyword(s):  
Criminal Justice ◽  
Subjective Experience ◽  
Due Process ◽  
Not Given ◽  
Therapeutic Tool ◽  
Victim Status ◽  
Victim Impact Statement ◽  
The World ◽  
Due Process Of Law ◽  
The Right

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.

A Multidimensional Approach to Marketing Performance Evaluation

2006 ◽  
Vol 56 (1) ◽  
pp. 71-102
Author(s):  
László Sajtos
Keyword(s):  
Market Orientation ◽  
Business Success ◽  
Financial Indicators ◽  
Multidimensional Approach ◽  
Short Term ◽  
Marketing Performance ◽  
Intangible Resources ◽  
Investment Companies ◽  
Marketing Resources ◽  
The Right

Companies usually like to claim that they are market-oriented; however, many studies reveal that businesses typically rely on short-term financial indicators, only a small percentage of firms consider time spent on consumers as important, and marketing is considered as a cost rather than an investment. Companies, however, need to understand their own and their environment's operations in order to set the right objectives, manage their tangible and intangible resources, and achieve the best possible performance. This paper focuses on performance measurement and its relation to market orientation, marketing activity, objectives and marketing resources. This research reveals that though marketing's role in the organisation seems to be significant managers' commitment to marketing often remains at an attitudinal level, and they tend to overestimate their marketing efforts. Furthermore, customer-based measures seem to be good indicators of market-orientation, still managers consider financial and market performance measures to be more important. This paper supports the finding that market orientation and business success are strongly related to one another.

scholarly journals Actinomyces meyeriEmpyema: A Case Report and Review of the Literature

2015 ◽  
Vol 2015 ◽  
pp. 1-4 ◽  
Author(s):  
Hae Won Jung ◽  
Chong Rae Cho ◽  
Ji Yoon Ryoo ◽  
Hyun Kyo Lee ◽  
So Young Ha ◽  
...  
Keyword(s):  
Pleural Fluid ◽  
Response To Treatment ◽  
Penicillin G ◽  
Review Of The Literature ◽  
Short Term ◽  
Oral Amoxicillin ◽  
History Of ◽  
Multiple Lung Nodules ◽  
The Right ◽  
Radiological Studies

Actinomyces meyeriis an uncommon cause of human actinomycosis. Here, we report a rare case of empyema caused byA. meyeri. A 49-year-old male presented with a history of 10 days of dyspnea and chest pain. A large amount of loculated pleural effusion was present on the right side and multiple lung nodules were documented on radiological studies. A chest tube was inserted and purulent pleural fluid was drained.A. meyeriwas isolated in anaerobic cultures of the pleural fluid. The infection was alleviated in response to treatment with intravenous penicillin G (20 million IU daily) and oral amoxicillin (500 mg every 8 hours) for 4 months, demonstrating that short-term antibiotic treatment was effective.

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