<p>&quot / The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be...&quot / </p>

<p>&quot / The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be...&quot / </p>

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Mental disorders are among the most prevalent of chronic diseases, and high rates of these disorders have been consistently found in jails and prisons. This study was a retrospective case series that described the population of adults charged with a criminal offense who were court ordered to undergo a psychiatric assessment within the Medical Legal Service in Santiago, Chile from 2005-2006. Chi-square tests were used to assess differences in the distribution of variables by sex and by criminal responsibility. Exploratory analyses using polytomous logistic regression were conducted in order to assess variables that might be predictive of the outcome of criminal responsibility as recommended by the psychiatrist. Of the evaluated offenders, approximately 84% were considered by a psychiatrist to be criminally responsible for their crime, 7% were regarded as having diminished criminal responsibility, 4% were considered to be not criminally responsible for their crime, and 4% were cases where criminal responsibility was not applicable. The following variables were found to be significant in the exploratory model: sex, age, occupational status, psychiatric pathology, recommendation of treatment, and recommendation of hospitalization. An offender determined by the psychiatrist to have a psychiatric pathology had the highest increase in odds of being considered to have diminished criminal responsibility or of being considered not criminally responsible. Results from this investigation will contribute to international knowledge about forensic psychiatry and mental health in Latin America. / Thesis (Master, Community Health & Epidemiology) -- Queen's University, 2008-09-23 12:52:55.423

Retributive attitudes are deeply held and widespread in the general population and most legal systems incorporate retributive elements. It is probably also the dominant theory of punishment among contemporary philosophers of criminal justice. However, retributivism relies on conceptions of free will and responsibility that have, for millennia, fundamentally divided those who have thought seriously about the subject. Our legal system upholds the principle that the responsibility of the offender has to be proven beyond reasonable doubt, before the accused can be punished. In view of the intractable doubts surrounding the soundness of retributivism’s very conception of responsibility, my thesis argues that it is ethically dubious to punish individuals for solely retributive reasons. Instead, my thesis proposes that a person should only be punished if the main theories of punishment agree that punishing that person is appropriate – I call this ‘the convergence requirement’. This approach, I argue, is in accordance with the considerations underlying the beyond reasonable doubt standard. In addition to considering the question of ‘whom to punish’ my thesis considers what methods of responding to criminal behaviour are acceptable. In particular, it attempts to explain, without appealing to the contested notions of free will or retributive desert, what is problematic about ‘manipulative’ methods of dealing with criminal offenders (focussing in particular on the possibility of modifying their behaviour through neurological interventions). The final part of this thesis also gives an overview of some of the practical implications for Scots criminal law of taking doubts about free will and retributivism seriously. Given the severe treatment that offenders undergo within the Scottish penal system (e.g. deprivation of liberty, stigma) and the high rate of recidivism, it is important to consider whether our current penal practices are justified, what alternatives are available and what goals and values should guide attempts at reforming the system.

The aim of this thesis was to describe how mentally disordered offenders would be affected by reintroducing the accountability requirement within Swedish legislation, based on social workers’ preconceptions. Mental illness creates a number of issues within criminal justice systems. Almost all countries worldwide have an insanity defense in order to obtain de-criminalization of mentally disordered offenders. However, mentally disordered offenders are criminalized within Sweden’s current legislation. Therefore, the government is proposing a legislative reform. The reform suggests that the accountability requirement will be reintroduced within Swedish legislation. Within this inquiry semi-structured face-to-face interviews were conducted with six forensic social investigators. In light of Becker’s labeling theory and Goffman’s theory of stigma the results reveal social, psychological and behavioral consequences of the new legislation. The participants believe that, de-criminalization provides social and psychological advantages for mentally ill persons. Nevertheless, excusing people from responsibility might produce irresponsible behavior. Since responsibility is an essential part in rehabilitation as well as preventing criminal recidivism.

Foreign Fighters and the Challenges Associated with their Criminal Accountability JUDr. Anna Richterová The presented thesis focuses on the phenomenon of foreign fighters - a topic that has been for years appearing not only on cover pages of newspapers, but it is mainly a frequent subject of legal discussions and new legislations. The major reason is the connectivity of this phenomenon with the terrorism. The aim of this work is a comprehensive charting/analysing and elucidating of questions who the foreign fighters are, what their status is in the framework of the international law and what the possibilities of their criminal accountability are. In the general part, the work introduces and refines the concept of foreign fighters and foreign terrorist fighters. It offers both the historical and modern perspective of the participation of persons in armed conflicts abroad. It is followed by presenting the modern efforts to define the term of foreign fighters and explaining why the phenomenon of the foreign fighters and the measures against them are not new. The work also outlines the motivation of people to leave and fight in remote parts of the world. Legislative measures concerning foreign terrorist fighters on the universal and regional level are discussed in detail. The age-old effort to adopt a...

No abstract / Mini Dissertation (LLM)--University of Pretoria, 2019. / Public Law / LLM / Unrestricted

La situation du mineur délinquant a très tôt suscité l'attention du droit pénal, le mineur est désormais soumis à un traitement différent de celui infligé aux adultes. Avant de déclarer un mineur coupable d'une infraction, sa responsabilité pénale doit être déterminée ainsi que son discernement établi sous peine d'atténuation de la responsabilité. La société et ses mineurs ont évolué donc ce sujet d'actualité est devenue une priorité nationale en France mais aussi au Maroc, l'appréhension des mineurs a beaucoup évolué et le droit pénal des mineurs est actuellement l'une des préoccupations majeure des pouvoirs publics qui entendent apporter des réponses encore plus efficaces aux problèmes de la délinquance juvénile. Le mineur a acquis un statut spécifique en droit pénal. Le but du projet consiste à déterminer l'effectivité de la législation actuelle et l'évolution de la responsabilité pénale dans ces deux Etats. L'heure est au bilan et aux perspectives. / The offender minor situation early attracted the criminal law attention. Today the minor is subject to a treatment different from the adult's one. Before adjudged a minor guilty of an offense, his penal liability has to be determined and his discernment must be established. Today's society and his minors have evolved, so this topic becomes a national priority in France and also in Morocco, the minor's apprehension changed a lot and the juvenile criminal law is currently one of the major concerns of government which aims to provide a legally sound solution. The minor has acquired a special status in criminal law. The project aim is to determine the effectiveness of the current legislation and to analyse and synthesize the evolution of criminal responsibility in these two countries. It's time to take stock and prospects.

The thesis deals with the legal institution of the criminal responsibility of legal entities and a feasibility of its implementation in the Czech law. The main objective of the thesis is to find an answer to the question if the implementation of the institution is neccessary in the Czech republic and eventually in which form and parameters. The first part of the paper describes the current state of legal regulation in the Czech republic and contains a comparative analysis of legal regulation in France, Austria, Germany, Slovenia, Slovakia, Great Britain and United States. In the end of the theoretical part the paper discusses relevant liabilities of the Czech republic arising from international treaties and european law. In the second part the paper focuses on scolarly debate on the possible implementation, its advantages and disadvantages. The core of the paper lies in the critical reflection of existing drafts of the law on criminal responsibility of legal entities and author's own speculation about a possible legal regulation in the Czech republic