Dangerousness, Popular Knowledge and the Criminal Law: A Case Study of the Paedophile as Sociocultural Phenomenon

2014 ◽  
Keyword(s):  
Criminal Law ◽  
Popular Knowledge

scholarly journals Creating and Maintaining Structural Hindrances to Criminal Justice Control – A Policy Analysis on the Normalisation of Parental Violence as a Crime in Finland

2021 ◽  
pp. 096466392110208
Author(s):  
Riikka Kotanen
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Interpersonal Violence ◽  
Legal Regulation ◽  
Division Of Labour ◽  
Legal Form ◽  
Parental Violence ◽  
Control Policies ◽  
And Control

In the context of home, violence remains more accepted when committed against children than adults. Normalisation of parental violence has been documented in attitudinal surveys, professional practices, and legal regulation. For example, in many countries violent disciplining of children is the only legal form of interpersonal violence. This study explores the societal invisibility and normalisation of parental violence as a crime by analysing legislation and control policies regulating the division of labour and involvement between social welfare and criminal justice authorities. An empirical case study from Finland, where all forms of parental violence were legally prohibited in 1983, is used to elucidate the divergence between (criminal) law and control policies. The analysis demonstrates how normalisation operates at the policy-level where, within the same system of control that criminalised these acts, structural hindrances are built to prevent criminal justice interventions.

scholarly journals Tackling Illegal Activities Through Tax Law – Al Capone Case Study

2015 ◽  
Vol 6 (1) ◽  
pp. 47-56
Author(s):  
Matej Kacaljak
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Slovak Republic ◽  
Basic Structure ◽  
Tax Law ◽  
Legal Environment ◽  
Legal Institutions ◽  
The Usa ◽  
Illegal Activities

Abstract This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper concludes that due to some, probably unintentional, specifics of Slovak tax and criminal law, Al Capone could not be convicted of tax evasion by the Slovak courts. In our opinion, these specifics do not, however, constitute material elements of the basic structure of Slovak tax and criminal law and could be relatively easily corrected.

Making Cartel Conduct Criminal: A Case Study of Ambiguity in Controlling Business Behaviour

2009 ◽  
Vol 42 (2) ◽  
pp. 218-243 ◽  
Author(s):  
Caron Beaton-Wells ◽  
Fiona Haines
Keyword(s):  
Economic Policy ◽  
Social Norms ◽  
Criminal Law ◽  
Political Ideology ◽  
Hard Core ◽  
Australian Society

This article explores the regulation of cartel conduct in Australia focusing, in particular, on the recent decision to criminalise so-called ‘hard-core’ cartels. It illuminates three interdependent ambiguities in regulating such conduct: economic, moral and legal. The case study is drawn on to highlight the challenges for the criminal law in attempting to resolve such ambiguities or tensions as they arise in the regulation of business behaviour generally.We argue that such challenges exist because the ambiguities reflect broader shifts taking place on an ongoing basis in economic policy, political ideology and social norms in Australian society.

scholarly journals Illegal dumping and crime prevention: A case study of Ash Road, Liverpool Council

2010 ◽  
Vol 5 ◽  
pp. 23 ◽  
Author(s):  
Penny Crofts ◽  
Tara Morris ◽  
Kim Wells ◽  
Alicia Powell
Keyword(s):  
Crime Prevention ◽  
Waste Disposal ◽  
Criminal Law ◽  
Hot Spot ◽  
Illegal Dumping ◽  
Illegal Waste Disposal ◽  
Illegal Waste ◽  
Sydney Australia

Illegal waste disposal is an increasingly significant and costly problem. This paper considers a specific hot-spot for illegal dumping in Sydney, Australia from criminological perspectives. We contribute to the developing criminological literature that considers environmental harms as a crime. This draws upon the symbolic aspect of criminal law, contributing to the notion of environmental harms as wrongs worthy of sanction, and facilitates analysis through the prism of criminological literature. We apply theories of crime prevention to the site and argue that these techniques of crime prevention would be cheaper and more effective long-term than current council responses of simply reacting to dumping after it has occurred.

GÄFGEN V. GERMANY. CASE STUDY

2020 ◽  
Vol 138 (2) ◽  
pp. 219-235
Author(s):  
KRYSTYNA PATORA ◽  
EMIL ŚWIĄDER
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Proceedings ◽  
The Law

The article focuses on the case of Gäfgen v. Germany, which con-cerns the restrictions imposed on police offi cers who work on cases involving terror and violence posing a risk to human life, and on the ones who have to make decisions protecting victims’ lives. The choice of measures serving the protection of the highest value, i.e. human life, is not easy. At the same time, police offi cers are assessed in terms of criminal law as regards the protection of the basic human rights enjoyed by perpetrators who pose a risk to other people’s lives. The case of Gäfgen v. Germany regards the choice of values, and the criminal liability of police offi cers, connected with thereof, as well as the problem of the admissibility of evidence obtained in breach of the law in criminal proceedings, and the limitations of the fruit of the poisonous tree doctrine.

Coordinating concurrent legal orders in the prosecution of international crimes

2013 ◽  
Vol 2 (2) ◽  
pp. 316-344
Author(s):  
BEATRICE I. BONAFÉ
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Interesting Case ◽  
International Criminal Law ◽  
International Crimes ◽  
The Individual ◽  
The Relationship

AbstractInternational criminal law provides a particularly interesting case study for the proliferation of legal orders as it helps to understand the types of uncertainties their interaction may entail with respect to the position of the individual as well as the solutions that may be adopted in that respect. This article analyses a selected number of substantive and procedural uncertainties that originate in the relationship between international criminal law and domestic legal orders. The purpose of the discussion is to identify the particular legal devices that have been elaborated in order to ensure the coordination between these legal orders, and to suggest areas in which a better coordination is still to be achieved.

scholarly journals State Security as Exemplified by the Offense of Espionage Under Polish Law

2021 ◽  
pp. 49-73
Author(s):  
Remigiusz Rosicki
Keyword(s):  
Criminal Law ◽  
Research Problem ◽  
Criminal Code ◽  
Practical Case ◽  
Legal Analysis ◽  
State Security ◽  
Legal Provisions ◽  
Research Questions ◽  
Polish Law

The scope of the research problem encompasses selected issues concerning the content and sense of the elements characterizing the offense of espionage in Polish criminal law. In the legislation currently in force, the offense of espionage is criminalized under Art. 130 § 1–4 of the Criminal Code. The main purpose of the analysis is to perform a substantive criminal examination of the offense of espionage under Polish law, considering a practical case study and an assessment of the legal provisions regarding state security. In order to elaborate the material scope of the research problem and present the conclusions, the paper asks the following research questions: (1) To what extent are the de lege lata legal solutions in Poland effective in counteracting espionage offenses?, (2) What de lege ferenda solutions ought to be proposed to improve effective counteraction of espionage offenses? The paper includes an institutional and legal analysis aided by textual, functional, and historical interpretations, supplemented with the author’s conclusions and opinions concerning de lege lata and de lege ferenda solutions. The institutional and legal analysis is supplemented with a case study of espionage activity. The case study helps consider selected legal problems and presents example legal classifications of the described acts associated with espionage activity.

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

Sign in / Sign up

Export Citation Format

Share Document