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2022 ◽  
Author(s):  
Ebba Noland ◽  
Mattias Strandh ◽  
Fia Klötz Logan

Abstract Background Little is known about the recidivism of mentally disordered offenders after discharge from forensic psychiatric services. This is problematic because such knowledge could (i) help professionals who come into contact with this group to better plan interventions to prevent recidivism and (ii) clarify the effectiveness of forensic psychiatric care. The aim of this study was to investigate the new crimes of mentally disordered offenders who had been reconvicted after discharge from forensic psychiatric care. Methods Included in this study were all individuals who had been discharged from forensic psychiatric care in Sweden during 2009-2018, were included in the Swedish National Forensic Psychiatric Register, and had been reconvicted in a criminal court within the follow-up period of 2009-2018 (n=157). Retrospective registry data along with coded data from criminal judgments (n=210) were used to create a database. Descriptive statistical analysis was performed. Results 75% of included individuals were reconvicted for at least one violent crime, but only 9 individuals were reconvicted for a serious violent crime, which can be compared to the 44 individuals with serious violent index crimes. The most common crime was “Other violent”. The most common sentence was probation. The offender’s most common relationship to the victim was having no known relationship, followed by the victim being a person of authority. The most common circumstance of the crime leading to the reconviction was that it occurred without apparent provocation; other common circumstances were related to the exercise of public authority. The most common crime scene was a public place. Conclusions Even though the reconvictions of this group included many violent crimes, there were very few serious violent crimes. The finding that the victims of the crimes of mentally disordered offenders are most commonly either unknown to the perpetrator or persons of authority, and that the crimes are often perpetrated without apparent provocation or reason, is important information for all professionals who come into contact with this group and should be taken into consideration in order to assess risk more accurately.


Author(s):  
Anne Herzberg

Abstract The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.


Daedalus ◽  
2022 ◽  
Vol 151 (1) ◽  
pp. 135-152
Author(s):  
Nicole Gonzalez Van Cleve

Abstract Most theorists assume that the criminal courts are neutral arbiters of justice, protected by the Constitution, the rule of law, and court records. This essay challenges those assumptions and examines the courts as a place of punitive excess and the normalization of racial abuse and punishment. The essay explains the historic origins of these trends and examines how the categories of “hardened” and “marginal” defendants began to assume racialized meanings with the emergence of mass incarceration. This transformed the criminal courts into a type of public theater for racial degradation. These public performances or “racial degradation ceremonies” occur within the discretionary practices and cultural norms of mostly White courtroom professionals as they efficiently manage the disposition of cases in the everyday practice of law. I link these historical findings to a recent study of the largest unified criminal court system in the United States–Cook County, Chicago–and discuss court watching programs as an intervention for accountability and oversight of our courts and its legal professionals.


2021 ◽  
Vol 7 (2) ◽  
pp. 297-324
Author(s):  
Gregorius Aryadi Aryadi ◽  
Yohanes Sri Pudyatmoko

This research departs from the author’s observation that Indonesian government officials are currently very wary and worried being criminally charged for corruption and at the same time brought before the administrative court for abuse of power. The main question here is whether the possibility of being brought before the Administrative Court may or may not have positive effect. The main finding, using a legal normative approach, is that the final decision on the issue, whether there is abuse of power or not, as decided by the Administrative Court, would be important in proving disproving, the corruption charge brought before the criminal court.           


Author(s):  
Mohammad Zaki Abu Arra Mohammad Zaki Abu Arra

The Israeli Occupation tends from the first moment of occupying Palestinian lands to seize and loot all the natural wealth and resources depriving the Palestinians of exploitation them and sovereignty on them by its executive, legislative and military policies despite INALIENABLE RIGHT in the rules of international law and the resolutions United Nations that caused severe effects and damages on the Palestinians. After the General Assembly of the United Nations recognition of the state of occupied Palestine on 29/11/2012 and becoming an observer member state which is considered as a very important step to put The State of Palestine in the frame of international law which enables it to join international entities that are under the United Nation system; joining Rome Statute of the International Criminal Court; It opens the way for the prosecution of the Israeli occupation for its multiple crimes such seizing and wasting the Palestinian natural wealth and to demand compensation for the full damage caused to wealth, the loss of profit and income on the Palestinian state; They are the axes that the research aims to shed light on.


2021 ◽  
Vol 7 (2) ◽  
pp. 325-348
Author(s):  
Samsudi Samsudi ◽  
Y.A. Triana Ohoiwutun ◽  
Godeliva Ayudyana Suyudi ◽  
Widowati Widowati

The court does not always demand or require visum et repertum when examining homicide cases.  Forensic autopsy may not be required at all by the criminal court when deciding that the accused is guilty of homicide as charged. The verdict may be reached based on other evidence. The author, using a juridical normative approach, concludes that the absence or presence of a visum et repertum does influence the judge’ consideration and matters to the final verdict. Considering that, regardless of the surviving family’s consent, in cases of unnatural death, forensic autopsy and the making of a visum et repertum should be mandatory.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Avitus Agbor Agbor

Purpose In total, 10 years since the establishment of the Special Criminal Court (SCC) in Cameroon to deal with a specific kind of corruption, one may wonder whether any achievements have been made so far in fulfilling its mandate and also assuaging the tense and toxic perception that the Court was established as an arsenal to witch-hunt political opponents. This study aims to look into the work done so far in this regard, and makes an assessment as to whether any accomplishments have been made in the first decade of its establishment. Design/methodology/approach This paper takes an evidence-based approach in seeking answers to what accomplishments, if any, have been made by the Court, explores the notion of corruption within Cameroon’s legislative and institutional landscape prior to the establishment of the Court and looks into the profiles of those who have been indicted by the SCC for that crime; the amounts that were misappropriated and for which they were convicted; the sentences imposed. It identifies some outstanding cases: where the amounts misappropriated exceeded a threshold and asks the question of what made it possible for these individuals to misappropriate such huge sums of money? Findings The inconsistencies and irrationality in the sentencing are a few findings made. Added to those is the timing of the establishment of the Court which, as most have perceived, is a political witch-hunting aimed at bringing credibility to a failed regime, as well as deal with a few political “irresponsibles” who were once the president’s buddies. Research limitations/implications This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon. Practical implications The establishment of the SCC is commendable. However, as it deals with but a particular kind of corruption, it might be necessary to rethink the need of additional institutional mechanisms that have specialized jurisdiction to deal with the different kinds of corruption in Cameroon. Social implications The paper highlights the entrenched nature of corruption in the social fabrics of Cameroonian society, and exposes the need for a much holistic approach in dealing with corruption, as the SCC offers but one institutional mechanism toward that direction. Originality/value This paper, given the issues discussed therein, and considering the dearth of literature on the topic, advances the literature on the SCC in particular and the problem of endemic corruption in Cameroon in general.


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