Die Koppelung von Jugendarrest und bedingter Jugendstrafe als sog. "Warnschussarrest" gem. § 16a JGG

2020 ◽  
Author(s):  
Julia Schmidt
Keyword(s):  
Empirical Study ◽  
Criminal Law ◽  
Juvenile Court ◽  
Case Analysis ◽  
Juvenile Detention ◽  
Status Quo ◽  
Legal Requirements ◽  
Detailed Case ◽  
Empirical Level ◽  
The Status

As of 7 March 2013, the possibility of combining juvenile detention and a suspended juvenile sentence as regulated in § 16a JGG was added to the system of sanctions under juvenile criminal law. Based on the central arguments in favour and against the so-called “Warnschussarrest”, the author analyses the regulation of § 16a JGG on a normative and empirical level. Specifically, the legal requirements in § 16a JGG and its compatibility with the sanction regime of the JGG are discussed. The focus is on a broad-based empirical study of the implementation in Bavaria, which examines the status quo of § 16a JGG by means of a detailed case analysis, a survey conducted with Bavarian juvenile court judges and interviews with experts in the relevant juvenile detention centres. It also considers the question of recidivism after such a conviction. The author concludes the work with a proposal on how § 16a JGG can be improved.

Opening Closed Doors: Promoting IRB Transparency

2018 ◽  
Vol 46 (1) ◽  
pp. 145-158 ◽  
Author(s):  
Holly Fernandez Lynch
Keyword(s):  
Decision Making ◽  
Empirical Study ◽  
Human Subjects ◽  
Status Quo ◽  
Institutional Review Boards ◽  
The Public ◽  
Institutional Review ◽  
The Status ◽  
Research Efficiency

Institutional Review Boards (IRBs) have substantial power and authority over research with human subjects, and in turn, their decisions have substantial implications for those subjects, investigators, and the public at large. However, there is little transparency about IRB processes and decisions. This article provides the first comprehensive taxonomy of what transparency means (or could mean) for IRBs — answering the questions “to whom, about what, and by what mechanisms?” It also explains why the status quo of nontransparency is problematic, and presents arguments for greater transparency from the perspective of a variety of stakeholders. IRB transparency will make boards more accountable, improve the quality of their decision-making, facilitate consistency in board decisions, permit empirical study of IRBs, promote research efficiency, and advance trust in the research enterprise, among a variety of other benefits. Regulators should promote IRB transparency, IRBs themselves should commit to sharing as much information as they can within the confines of confidentiality requirements, and investigators can endeavor to take matters into their own hands by sharing IRB correspondence and IRB-approved protocols and consent materials.

Non-removable Returnees under Union Law: Status Quo and Possible Developments

2018 ◽  
Vol 20 (1) ◽  
pp. 28-52 ◽  
Author(s):  
Fabian Lutz
Keyword(s):  
Criminal Law ◽  
Status Quo ◽  
Future Developments ◽  
The Status ◽  
Administrative Detention

Abstract This article describes and analyses the status-quo of Union Law applicable to non-removable returnees and it examines likely scenarios for future developments at eu level in this field, focusing on the rights of non-removable returnees, including documentation (section 2); the legal frame for applying administrative detention (section 3); the legal frame for imprisonment as criminal law sanction (section 4); continued encouragement of return (section 5) and pathways to legal stay (section 6).

The Theft of Use and the Element of “Intention to Deprive Permanently’ in Larceny

1968 ◽  
Vol 3 (3) ◽  
pp. 368-386 ◽  
Author(s):  
D. Bein
Keyword(s):  
Criminal Law ◽  
Good Reason ◽  
Civil Law ◽  
Status Quo ◽  
Criminal Sanction ◽  
Public Values ◽  
The Public ◽  
Criminal Sanctions ◽  
Injured Person ◽  
The Status

The task of the legislator is indeed difficult when he has to consider and decide how far to extend the area to which the criminal law applies. The difficulty is most apparent in those forms of conduct which are seemingly directed towards some individual to whom civil law remedies are available, for then it must be asked whether these remedies are sufficient or if there is good reason for the addition of criminal sanctions.The usual considerations in this respect are many and various—has the normal victim of the harmful conduct the ways and means himself of resisting it without the assistance of the authorities; does the normal perpetrator of certain kinds of harmful conduct possess sufficient means which enable him to restore the status quo if civilly sued; is conduct of this kind highly frequent; does certain behaviour have a special temptation, which can only be fought by the deterrent force of a criminal sanction; and especially, does the public conscience regard this form of behaviour a serious infringement of public values that justifies and demands public punitive reaction, irrespective of the wishes of the injured person.

(Völker‑)Strafrecht im Zeichen der Erschütterung ordnungskonstitutiver Gewissheiten

2020 ◽  
Vol 103 (2) ◽  
pp. 189-198
Author(s):  
Christoph Burchard
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Empirical Data ◽  
International Criminal ◽  
Status Quo ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Digital Revolution ◽  
Criminal Justice Systems ◽  
The Status

We experience today the disruption of certainties that are foundational to legal orders. This also affects criminal law, how we practice and theorize it. The digital revolution, the rise of authoritarianism and populism as well as the challenges to western (liberal) multilateralism, all of this (and many other developments) weaken the validity of the foundational conditions of criminal justice systems. This is especially true of international criminal justice. This (brief and programmatic) contribution argues that we must take these upheavals of certainties seriously. To this end, (international/ criminal) law must be justified with good reasons and better empirical data. Meer symbolism as well as an uncritical adherence to the status quo ante do longer seem feasible.

scholarly journals Investigating the Realism or Idealism of Iran's Legislative Criminal Policy

2020 ◽  
Vol 37 (65) ◽  
pp. 288-307
Author(s):  
Ahmadreza Vanaki ◽  
karim Salehi ◽  
Meysam Nematollahi
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Status Quo ◽  
Religious Values ◽  
Research Technique ◽  
The Status ◽  
The Subject ◽  
Realist Perspective

This document addresses problems and questions that arise about realism or idealism in the context of the criminal policy of the double legislature in Iran, with the aim of revealing the available skills and capacities of the laws that govern the matter. Has the Iranian lawmaker followed an idealistic criminal policy? Is realism what is necessary for a dimensional criminal policy in Iran's criminal laws? What is the solution to the transition from religious idealism to a realist perspective preserving the status quo? What is certain is that, when examining existing criminal law, criminal policy based on religious idealism and dimensional realism can be seen in terms of criminological data; from the oldest data in criminal law to the latest criminal paradigms. Methodologically, documentary research technique and legal hermeneutics were used. It is concluded that traditional theologically based laws and sharia-based oversight bodies need a new dynamism and a new ijtihad. In this study, the dimensions of the subject and the form of transcendence from idealism to realism are given while preserving religious values.

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