Undergraduate honors paper--Mount Holyoke College, 2007. Dept. of History. / Includes bibliographical references (leaves 126-135).

I artikel 4 i sjunde tilläggsprotokollet Europakonventionen och i artikel 50 EU:s rättighetsstadga regleras dubbelprövningsförbudet, principen om ne bis in idem. Det innebär att en person inte får bli prövad eller straffad två gånger för samma brott. I svensk rätt tillämpas dock ett system där den skattskyldige både kan påföras skattetillägg och dömas för skattebrott då han har lämnat en oriktig uppgift i sin deklaration. Detta har ansetts förenligt med Europakonventionen och EU:s rättighetsstadga då skattetillägget ansetts vara en administrativ avgift. Huruvida detta strider mot dubbelprövningsförbudet har diskuterats flitigt i både praxis från domstolarna och i doktrin. HD har dock NJA 2013 s. 502 fastställt att det svenska systemet med dubbla förfaranden inte längre kan anses förenligt med artikel 4 i sjunde tilläggsprotokollet Europakonventionen och i artikel 50 EU:s rättighetsstadga. Med anledning av detta har regeringen kommit med en proposition om att införa en spärreglering och ett samlat sanktionsförfarande för att på så sätt ändra det svenska systemet så att det inte längre strider mot Europakonventionen och EU:s rättighetsstadga. I propositionen föreslås att även parallella förfaranden ska förhindras, vilket även HD ansåg i sin dom. Dock har det genom Europadomstolens praxis inte varit helt tydligt ifall dubbelprövningsförbudet även förhindrar parallella förfaranden. Syftet med denna uppsats är alltså att utreda om det gör det. Efter att ha granskat praxis ifrån Europadomstolen och EU-domstolen kan det konstateras att artikel 4 i sjunde tilläggsprotokollet Europakonventionen och artikel 50 i EU:s rättighetsstadga inte utgör ett skydd mot lis pendens. Parallella förfaranden är förenligt med dubbelprövningsförbudet, dock sker en överträdelse i de fall då det ena förfarandet inte avslutas efter att det andra förfarandet meddelat ett slutligt beslut. / Article 4 of the Seventh Additional Protocol of the European Convention and Article 50 of the EU Charter of Fundamental Rights stipulates the principle of ne bis in idem. It means that a person may not be tried or convicted twice for the same crime. In Swedish law, however, a system where the taxpayer can both be imposed penalties and convicted of tax crimes is at hand. This has been considered compatible with the European Convention and the EU Charter of Fundamental Rights as tax surcharge was regarded as an administrative fee. Whether this is contrary to the double examination prohibition has been discussed extensively in both the courts and in literature. The supreme court, however, in NJA 2013 p. 502 established that the Swedish system of dual procedures can no longer be regarded as compatible with Article 4 of the Seventh Additional Protocol of the European Convention and Article 50 of the EU Charter of Fundamental Rights. For this reason, the government has proposed a locked-regulation and a single sanctioning procedure to modify the Swedish system so that it no longer conflicts with the European Convention and the EU Charter of Fundamental Rights. It is proposed that parallel proceedings should be avoided, as the Supreme Court has considered in its judgment. However, the European court has not been entirely clear whether the double examination prohibition also prevents parallel proceedings. The purpose of this paper is therefore to investigate if it does. After reviewing the case law of the European Court and the European Court of Justice it can be noted that Article 4 of the Seventh Additional Protocol of the European Convention and Article 50 of EU Charter of Fundamental Rights not constitute a safeguard against lis pendens. Parallel proceedings are compatible with the double examination prohibition, however, is made an offense in cases where the first procedure is not ended after the second procedure announced a final decision.

Sexual offenses can be categorized as intra- or extra-familial, reflecting the relationship between perpetrator and victim. Despite colloquial beliefs that incestual sexual offenses may be more prevalent in insulated, rural communities, empirical study of geographical trends for these offenses is limited. In the United States, Menard and Ruback (2003) found that urban areas had a higher average number of sexual assaults against children, but that rural communities had higher per capita rates. They did not, however, examine intra versus extra-familial offenses. There are a small number of studies that discuss instances of incest in rural areas, such as Collinridge (1993) in Wales, who found an increased rate of incest for rural areas in comparison with urban ones. Similarly, Goldman and Goldman (1988) suggest that, in rural Australia, intra-familial child sexual abuse rates are higher for girls raised on farms or from small communities with population less than 5,000. However, these findings are in contrast with the fact that victims of sexual assault within the family are less likely to report, and that the close-knit nature of rural communities and stigma associated with incest may actually deter reporting. The main goals of the current study are to report rates of sexual offenses in the state of Tennessee for rural versus urban counties, and to examine the difference in rates of intra and extra-familiar sexual offenses in rural and urban counties in the state of Tennessee. Data for the current study were extracted from the Tennessee Bureau of Investigation's (TBI) crime statistics database. Communities are coded as rural or urban based on 2013 Rural Urban Continuum Codes (RUCC). The RUCC codes counties into nine categories per population density and urbanization; however, for this study, Tennessee's counties were placed into three collapsed groups based on the RUCC codes: (1) metropolitan counties (RUCC codes 1-3; n=42), (2) nonmetropolitan counties with an urban population density (RUCC codes 4-7; n=37), and (3) rural counties or those with a population less than 2,500 (RUCC codes 8-9; n=16). Chi-square statistics will be used to differentiate rates of sexual offenses and intra- and extra-familial sexual offenses in rural and urban counties in Tennessee. Implications for prevention, victim services, and intervention will be discussed.

A thesis submitted in fulfilment to the degree of Doctor of Philosophy to the Faculty of Commerce, Law and Management,School of Law, University of the Witwatersrand / It has been almost 10 years since the International Criminal Court (‘ICC’) issued two warrants for the arrest of former President of Sudan, Omar Hassan Ahmad Al Bashir (‘Al Bashir’) on charges of crimes against humanity, war crimes and genocide. Despite the warrants, Al Bashir and some of his alleged co-perpetrators remain free as the ICC does not try suspects in absentia. Al Bashir has travelled to several countries, both contracting and non-contracting parties to the Rome Statute of the ICC (‘Statute’), in defiance of the warrants for his arrest without being arrested. Failure by states to cooperate with ICC requests to arrest and surrender him for prosecution has been the biggest challenge of the international criminal justice system over the years.Arresting and surrendering a person in the position of Al Bashir raises a number of legal issues relevant to this thesis. First, Sudan is a non-contracting state to the Statute and generally, it is not obliged to cooperate with the ICC. This raises the second question as to whether Al Bashir is entitled to immunities when it comes to contracting states to the Statute that are requested to arrest and surrender him to the ICC. Third, several contracting parties to the Statute have failed to arrest and surrender him to the ICC thereby breaching their obligations under the Statute. These states claim that there is a conflict between Articles 27(2), on non-immunity of a head of state, and 98(1), which requires the requested non-contracting state party to waive its immunity prior to arresting and surrendering Al Bashir to the ICC, in case they breach their customary international law obligations owed to Sudan. Fourth, they claim that the United Nations Security Council (‘UNSC’) Resolution 1593 (2005) which referred the situation of Sudan to the ICC does not impose any obligation on states other than Sudan to cooperate with the ICC on this matter. Fifth, several states have still failed to cooperate with ICC requests to arrest and surrender Al Bashir despite the ICC Pre-Trial Chamber (PTC) holding that there is no conflict between their statute and international law obligations towards the Sudan. The PTC referred these non-cooperating states to the ICC Assembly of States Parties (‘ASP’) and United Nations Security Council (‘UNSC’) in terms of article 87(7) of the Statute. However, they have so far faced no consequences. What is unclear from Article 87(7) is the nature and scope of remedies that are available to the ASP and the UNSC when a non-cooperating state has been referred by the ICC for enforcement. It is also unclear as to what procedure the ASP and the UNSC would follow in enforcing cooperation. It is observed from the provisions of the Statute that the ASP’s powers are unclear, whereas the UNSC is expected to act in terms of its Chapter VII powers under the UN Charter. It is further observed from the decisions of the PTC and the reports of the ICC Prosecutor to the UNSC that both the ASP and the UNSC have not yet taken any action against noncooperating states. As a matter of fact, it is unclear whether the ASP or the UNSC will ever take any action against non-cooperating states for failing to arrest and surrender Al Bashir to the ICC. Using the example of Sudan and Al Bashir, this thesis analyses the enforcement of the ICC’s requests and decisions by the UNSC and the ASP in relation to states’ failure to cooperate. Since the ICC cannot operate without the cooperation of states, the thesis argues that there is a need for the ASP and UNSC to take strong measures against non-cooperating states. The thesis identifies a critical need for a strong, clear and elaborate follow-up mechanism against non-cooperating states that have been referred to the ASP and UNSC under the Statute in order to contribute to the fight against international crimes and ending impunity. The thesis therefore does two things. Firstly, it examines the nature and scope of the powers of the UNSC and ASP under the Statute in relation to enforcing state cooperation with the ICC requests. This entails exploring how the UNSC and ASP can compel states to fulfill their Statute obligation to cooperate with the ICC’s requests to arrest and surrender suspects. Secondly, the thesis develops recommendations to the UNSC and ASP for the enforcement of the ICC’s requests and decisions to arrest and surrender suspects. In order to develop proposals for an effective enforcement of cooperation with ICC requests to arrest and surrender Al Bashir and persons in similar position under the Statute, the thesis draws lessons from the two regional human rights tribunals of the Inter-American Court of Human Rights (IActHR) and the European Court on Human Rights (ECtHR). Although, the African Court on Human and People’s Rights (AfCHPR) has the capacity to monitor state cooperation with its decisions through the existence of a legal framework under the Charter, it has not yet developed this area of the law. The AfCHPR has neither clear practice nor policy on enforcement of state cooperation. The AfCHPR does not also have follow-up mechanisms on enforcement of state cooperation with its decisions. It is for this reason that a discussion of this system in this thesis is merely illustrative of the legal framework on state cooperation including the areas that may require improvement if the system is to achieve maximum state cooperation. / NG (2020)

Political crime receives little attention by criminologists relative to other forms of crime. What attention that has been given is hindered by lack of theoretical explanations to guide the research efforts, such as atheoretical descriptive accounts or typologies of political criminality. In this thesis, I apply Merton's theory of social structure and anomie to two CIA case studies: MKUltra (1950-1973) mind control/behavior modification experiments, and MHChaos (late 1950s-1974) a domestic counterintelligence program. Anomie theory focuses on the disjuncture between cultural goals and institutional means to achieve end results. I argue that political crimes result when governmental agencies cannot reach their goals using legitimate means. Thus, they find illegitimate means, i.e. unlawful behavior, to obtain their goals. Specifically, the analysis of this thesis examines: (1) how the CIA defined their goals; (2) how the CIA justified the use of their innovative means to achieve the ends; (3) how the structural charter of the CIA facilitated the use of illegitimate means; and (4) how the CIA was able to temporarily dissolve the societal disjuncture of anomie. / Master of Science

published_or_final_version / Statistics / Master / Master of Social Sciences

The last major change occurred in 2005 when the new sexual offenses law came into force with an increased focus on children. The purpose of this study is that through a content analysis to identify and understand the construction of children in the new legislation on sexual offenses on the basis of preliminary work. Based on the purpose we came up with two questions: How are children constructed in the preparatory works to the new sexual offenses law? Are they attributed to child characteristics and responsibilities in the new legislation on sexual offenses and if so, how? In order to achieve the purpose of the study we have chosen the preparatory works to the new legislation on sexual offenses from 2005 until today. The study's empirical work has been further narrowed to the children, which means that a distinction is made in the new legislation on sexual offenses to 6 chapter 4-6 §§. The theoretical starting point is the childhood sociology and the method used is a content analysis. The result shows that the preparation of children in the new legislation on sexual offenses can be divided into continuous central themes: children 's agency, children than in adults and children's properties and responsibility.

Thesis (M. Sc.)--University of Hong Kong, 1998. / Includes bibliographical references (leaves 70-74).

Univ., Diss.-2003--Würzburg, 2002.

Thesis (M. Sc.)--University of Hong Kong, 1996. / Includes bibliographical references (leaf 70-71).