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The establishment of an African criminal court: strengths and weaknessesPhilimon, Levina Kiiza January 2012 (has links)
This treatise addresses the possible creation of an African criminal court for individual criminal responsibility for crime of genocide, crimes against humanity, and war crimes. It does so by critically analysing the Statutes of Special Court of Sierra Leone, International Criminal Tribunal for Rwanda, and Rome Statute of the International Criminal Court in relation to the provisions addressing the principle of individual criminal responsibility, jurisdiction, amnesty and immunity. Another aim is to indicate the strength and weaknesses of the cited statutes in relation to the above provisions. Finally a further aim is to provide an analysis of the statutes, and any other international law applicable and determine whether Africa needs a separate criminal court. The principle conclusion is that statutes are facing challenges in relations to the provisions above. It is established that Africa does not have a regional criminal court and the African Union has attempted to extend jurisdiction of the African Court of Justice and Human Rights to criminal jurisdiction but the process has amounted to heavy criticism and unforeseen legal implications. It is eventually concluded that Africa may consider the creation of a separate criminal court for the future and such a court is currently not needed. Support should be given to the ICC.
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Nurses’ Knowledge, Attitudes and Documentation Practices in a Context of HIV Criminalization: A Secondary Subgroup Analysis of Data from California, Florida, New York, and Texas NursesDomingue, Jean-Laurent January 2016 (has links)
Under international legal norms, HIV criminalization is considered to be an overly broad use of criminal law. In the United States, at least 33 states have HIV-specific criminal laws. Data from California, Florida, New York, and Texas nurses provided exemplars from different HIV-related criminal law approaches and the impact of those laws on nurses’ practices. Nurses who cared for patients who expressed fears or concerns about HIV criminalization or patients who had been arrested for HIV-related crimes were more likely to correctly identify the presence or absence of HIV-specific laws in the states where they practised, when compared to nurses who did not care for such patients. Lack of knowledge about HIV-related criminal laws may erode the nurse-patient relationship. Jurisdiction specific education should be created and offered to nurses in order to address this knowledge gap and protect the dignity of people living with HIV.
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Complicity in international lawJackson, Miles January 2013 (has links)
This thesis is concerned with the ways in which international law regulates state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to wrongdoing by a principal actor. Whenever complicity is prohibited, certain questions arise about the scope and structure of the complicity rule. To answer these questions, this thesis proposes an analytical framework in which complicity rules may be assessed, and defends a normative claim as to their optimal structure. This framework and normative claim anchor the thesis’ analysis of complicity in international law. The thesis shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. These doctrines are marked by the breadth of the complicit conduct prohibited, a standard of knowledge in the fault required of the accomplice, and an underused nexus requirement between the accomplice’s acts and the principal’s wrong. In contrast, international law’s regulation of state complicity was historically marked by an absence of complicity rules. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of regulating the state’s participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
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A contextual process : understandings of transitional justice in RwandaPalmer, Nicola Frances January 2013 (has links)
This thesis examines the practices of international, national, and localised criminal courts in post-genocide Rwanda. It argues that, although the courts are compatible in law, an interpretive cultural analysis shows that they have often competed with one another. The research draws on interviews conducted with judges, lawyers, and a group of witnesses and suspects from the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. The courts’ judges and lawyers have interpreted Rwanda’s transitional justice processes very differently. The ICTR has been principally concerned with developing international criminal case law. The national courts purport to have focused on domestic legal reform, while personnel inside gacaca view these local courts as having provided an account of the events and causes of the genocide. This thesis argues that the different interpretations offered within Rwanda’s post-genocide courts illuminate divergent legal cultures inside the institutions, leading to failures in effective cooperation and evidence gathering. The courts have pursued diverse means to try to establish their legitimate authority. However, among a group of Rwandan citizens, the practices of one court were routinely used as the basis to criticise the actions of the others, raising challenges for the legitimacy of transitional justice in Rwanda. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through more effective communication between different justice systems which respond to the needs of the affected populations, fostering a legal culture of complementarity.
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Vojenské trestní právo v České republice / Military Criminal Law in the Czech Republic.Ožďan, Pavel January 2015 (has links)
The topic of the thesis is the military criminal law in the Czech Republic. Czech military criminal law is a specific area of criminal law relating exclusively on special subjects which are soldiers, prisoners of war and in a more limited scale members of the security forces. The purpose of this thesis is to present a comprehensive picture of the Czech military criminal law, because up to now as comprehensive piece of work has not been made. The first chapter summarizes the historical development. It describes the grounds of the legal regulation with the historical background that further explains the reasons for specific legislation. This chapter is divided chronologically into four parts, the first of which introduces us to the beginnings of the development of military criminal law, the second to the development from the Middle Ages to the early 20th century, the third is devoted to military criminal law in the First Republic and the fourth to development in the second half of the 20th century. The second chapter represents a crucial part of this thesis. Firstly, it defines military criminal law in the field of criminal law describing the coherence of the different laws in this area which are relevant and necessary for the application. Emphasis is put on the definition of the terms, which are used...
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北宋州縣的刑獄. / Bei Song zhou xian de xing yu.January 1988 (has links)
白智剛. / 手稿本, 複本據手稿本複印 / 論文(歷史學部哲學頭士)--香港中文大學,1988. / 參考文獻:leaves 1-10 (3rd group) / Bai Zhigang. / 〈前言〉 --- p.1 / Chapter 第一章 --- 刑獄制度的建立 --- p.3 / Chapter 一 --- 刑獄制度的轉變 --- p.3 / Chapter 〈一〉 --- 立法概況 --- p.3 / Chapter 〈二〉 --- 司法機構 --- p.8 / Chapter 〈三〉 --- 對司法官員的限制 --- p.16 / Chapter 二 --- 立法精神 --- p.25 / Chapter 〈一〉 --- 體恤人民 --- p.25 / Chapter 〈二〉 --- 留心吏治 --- p.29 / Chapter 〈三〉 --- 因應需要 --- p.32 / 〈注釋〉 --- p.36 / Chapter 第二章 --- 州縣司法的實際情況 --- p.64 / Chapter 一 --- 治獄的程序 --- p.64 / Chapter 〈一〉 --- 投案 --- p.64 / Chapter 〈二〉 --- 驗獄 --- p.73 / Chapter 〈三〉 --- 審問 --- p.81 / Chapter 〈四〉 --- 囚禁 --- p.85 / Chapter 二 --- 冤獄的形成 --- p.91 / Chapter 〈一〉 --- 交差塞責 --- p.91 / Chapter 〈二〉 --- 貪汙舞弊 --- p.94 / Chapter 〈三〉 --- 私仇興訟 --- p.96 / 〈注釋〉 --- p.103 / Chapter 第三章 --- 中央與地方刑獄的關係 --- p.127 / Chapter 一 --- 中央與地方的連繫 --- p.128 / Chapter 〈一〉 --- 宋初政局與強幹弱枝政策 --- p.128 / Chapter 〈二〉 --- 刑法權收歸中央 --- p.133 / Chapter 二 --- 州縣司法的特質 --- p.136 / Chapter 〈一〉 --- 地域上的分別 --- p.136 / Chapter 〈二〉 --- 人事上的差異 --- p.143 / 〈注釋〉 --- p.160 / 〈結語〉 --- p.188 / 〈附錄〉一 --- p.192 / 〈附錄〉二 --- p.219 / 〈附錄〉三 --- p.224 / 〈徵引書目〉 / 〈撮要〉
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Police PhotographyMiller, Larry S., Marin, Norman 01 January 2015 (has links)
Quality photographs of evidence can communicate details about crime scenes that otherwise may go unnoticed, making skilled forensic photographers invaluable assets to modern police departments. For those seeking a current and concise guide to the skills necessary in forensic photography, Police Photography , Seventh Edition, provides both introductory and more advanced information about the techniques of police documentation. Completely updated to include information about the latest equipment and techniques recommended for high-quality digital forensic photography, this new edition thoroughly describes the techniques necessary for documenting a range of crime scenes and types of evidence, including homicides, arson, and vehicle incidents. With additional coverage of topics beyond crime scenes, such as surveillance and identification photography, Police Photography , Seventh Edition is an important resource for students and professionals alike. / https://dc.etsu.edu/etsu_books/1060/thumbnail.jpg
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The heart of the matter: emotion in the criminal lawReilly, Alexander 05 1900 (has links)
This thesis examines the role of emotion in the criminal law. It identifies the current
understanding of emotion in the law, and challenges this understanding as it is revealed in the
rules of criminal liability. It offers a new approach to understanding emotion which has
important implications for the grounds of legal knowledge, the structure of the rules of criminal
liability, and the process of judgment.
Chapter One reviews theoretical approaches to understanding emotion in philosophy,
psychology and law. The chapter introduces a number of theoretical approaches to analyzing
emotion, focusing particularly on the development in the understanding of the relationship
between emotion and reason. Chapter Two examines models of moral and legal responsibility
to identify their implicit understanding of emotion.
Chapter Three focuses on the role of emotion in the rules of criminal liability, and, in particular,
in the criminal defences of provocation, duress and self-defence. The law understands emotion
to be an entity explainable in terms of the 'mechanisms' of'cognition' and 'affect' which
underpin it. The chapter argues that the law adopts a different and conflicting understanding of
these mechanisms in the rules of criminal liability, and that these differences have important
normative implications.
Chapter Four challenges the grounds of knowledge upon which assessments of criminal liability
are based. Emotion becomes a metaphor for the need to reconceive the rules of criminal liability
and the process of judgment. The chapter adopts a social constructionist approach to
understanding emotion. Using this approach, it reassesses the role of emotion in the criminal
defences of provocation, self-defence and duress, and explains the process of judgment as an
emotional phenomenon. The thesis concludes that a constructionist approach to understanding
emotion is well suited to the assessment of conduct in its spatial, historical and cultural context;
and for this reason ought to be emphasized in the legal assessment of liability and punishment.
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Die Entwicklung des strafrechtlichen Unrechtsbegriffs in Japan : eine kritische Betrachtung aus strafrechtsdogmatischer und rechtsphilosophischer Perspektive /Iijima, Mitsuru, January 2004 (has links)
Thesis (doctoral)--Universität, Trier, 2003. / Includes bibliographical references (p. 163-182).
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A comparative study of the right of defense in canonical penal law and in American criminal lawWells, Emmett G. January 2001 (has links)
Thesis (J.C.L.)--Catholic University of America, 2001. / Includes bibliographical references (leaves 60-69).
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