Magister Legum - LLM / In the field of international law three core crimes generally make up the jurisdiction of international criminal tribunals: war crimes; genocide; and crimes against humanity. Only two of these crimes (war crimes and genocide) are the subject of a global convention that requires States to prevent and punish such conduct and to cooperate among themselves toward those ends. By contrast, there is no such convention dedicated to preventing and punishing crimes against humanity. An international convention on prevention, punishment and inter-State cooperation with respect to crimes against humanity appears to be a key missing piece in the current framework of international law. The offence of crimes against humanity is a jus cogens and there is an erga omnes for states to prosecute and extradite offenders of crimes against humanity. This can be achieved by having international obligations founded on a specialised convention.

Canada’s federal prison population has been rising for the past 10 years. This is perplexing given Canada’s national official crime rate has been declining since the 1970’s. One possible explanation for the rising prison population could be related to the restrictive measures imposed on parole policies during the last forty years. This thesis intends to analyze the recent parliamentary discourses surrounding recent legislative changes brought to parole by the conservative government. In doing so, a document analysis is conducted on the Parliamentary debates pertaining to section 6 and section 7 of Bill C-10 as well as the content of the amendments within section 6 and section 7 of Bill C-10. The purpose of the document analysis is to analyze the themes within these documents and determine whether or not these themes represent a potential change in the punitive approach towards parole. Given that a more punitive approach could have negative impacts on certain offenders and on society in general, this thesis aims to better understand the discourses and values of the Parliamentary debate participants’ changes to the legislation and the potential impacts these restrictions may have for Canada’s federal prison population.

La sexualité et les infractions sexuelles restent parmi les questions les plus sensibles dans les sociétés en général et dans la société musulmane en particulier, notamment parce qu'ils touchent à la l'intimité profonde de la personne. Chez les peuples du Moyen-Orient, dont l'Irak, la question de l'honneur sexuel (‘ird) est une question de vie ou de mort liée étroitement à la tradition dominante.Au sein de la société irakienne, l'inégalité entre hommes et femmes est une évidence reflétée par plusieurs aspects de la vie courante, notamment dans la gestion de la sexualité, la tolérance que la société y accorde, et la polygamie, qui, toutes, semblent avantager l'homme aux dépens de la femme. Le traitement discriminatoire des libertés sexuelles masculine et féminine est renforcé et affirmé dans le droit irakien lui-même. L'importance de la discrimination sexuelle a des répercussions néfastes sur le statut et l'émancipation des femmes irakiennes, ainsi que sur l'évolution globale de la société. / This Ph.D. dissertation examines how Iraqi criminal law with regard to sex and sex-related crimes severely discriminates women in Iraq. It looks at this issue in light of ancestral traditions of prejudice and violence against women that are deeply rooted in Iraqi society. Honor is an extremely important notion in the mentalities of Iraqi people. Women are supposed to maintain chastity and sexual purity in order to be considered "honorable". Anything that compromises their chastity, including crimes of which they are victims such as rape, destroys their honor and along with it, that of their entire family. Many women in this situation find themselves killed, injured, or forced to marry their attacker in order to allow their families to recover their honor. This study shows how Iraqi legislation, case law and legal doctrine all contribute to encourage and perpetuate this problem, and suggests some possible solutions.

In the immediate post-Second World War period, London's criminal cultures generated popular understandings of fantasy and cinematic escapism as a modern mode of life, a pleasure-seeking activity and a form of rationality. These narratives centred on increasingly visible but enigmatic genres of urban transgression: notably the phenomenon of spivery. Mixing petty crime, gambling and the black market with proletarian dandyism, urban waywardness and celebrity posturing, the cultural iconography of spivery was also associated with the deviant lifestyles of confidence tricksters, army deserters, good-time girls and mass murderers. Drawing on cinema, popular literature, courtroom drama, autobiography and psychiatry, this thesis explores how debates about the escapist mentalities of the spiv shaped the public discussions of crime as a socio-aesthetic practice. The central aim is to explore the cultural and symbolic associations between street-wise forms of deviant illusion and the cinematic representation of fantasising criminals in 1940s London. The thesis reveals how contemporary historical actors and cultural institutions understood the imagination as a popular and contested form of knowledge about the self, social change and erotic life. The method interweaves intertextual analysis of a key cinematic subgenre of crime, 'spiv films', with a historical focus on two 'true crime' stories: the cleft chin murder (1944) and the serial killings carried out by John George Haigh (1944-45). Utilising the criminals' self-confessions, trial transcripts, autobiography and popular journalism, these cases studies show how spivery was rooted in the experience and representation of everyday metropolitan life. The interdisciplinary examination of cinematic text and historical evidence emphasises how Hollywood aesthetics and indigenous national culture co-determined the public construction of 1940s crime as an embodiment of the contradictions of post-war British modernity.

The purpose of the thesis is to offer an examination of the economics of crime and corruption. By stressing the importance of Becker's seminal paper, we show how criminal behaviour is no longer considered the result of mental illness, but a decision largely based on a cost-benefit comparison from the possible legal and illegal actions. The puzzle that countries, with seemingly identical characteristics, display different corruption levels can be explained by considering the role of social stigma in the decision-making process. Additionally, we also examine the way that corruption is practised, by assuming that two regimes are possible, namely, collusive corruption and non-collusive corruption regimes. In the second part of the thesis, we examine the interrelationships between crime, fertility and economic growth. We link these variables of interest with the probability of avoiding apprehension, which is considered as one of the most important deterrence factors in crime decisions. In line with current literature, results show that a higher probability of avoiding apprehension increases crime rates, has a non-monotonic effect on fertility rates and an ambiguous impact on growth. The contribution of the model is that the relationship between the probability of avoiding apprehension and crime is not linear, but becomes positive after a threshold value of the parameter. In the subsequent part we provide an econometric analysis that examines these empirical regularities. We find that there exists a positive relationship between the probability of escaping apprehension, the rates of crime and fertility. The relationship is not linear but is subject to threshold effects. The finding of a positive impact of the probability of escaping arrest on both crime and fertility implies that the positive link between fertility and crime is an equilibrium outcome, rather than a causal one running from fertility to crime. In addition, we find that the probability of escaping apprehension has a negative effect on economic growth, an effect that becomes more notable when the probability exceeds a threshold value. Lastly, we consider the interrelationships among the three endogenous variables of crime, fertility and growth. In accordance with the theoretical section, we find that the probability of avoiding detection has a positive effect on both crime and fertility. In addition, these two variables negatively affect economic growth.

The "Crime Prevention Through Environmental Design" (CPTED) concept promises to reduce the opportunities and fear of crime in neighbourhoods. By reducing the opportunities for crime, it is assumed that people will become less fearful of moving freely about their environment. This assumption requires further study. This thesis reviews the current status of CPTED in eleven municipalities in the Lower Mainland of British Columbia. Based on a series of interviews with law enforcement and planning officials, the thesis examines the promotion, principles and practice of CPTED. The findings suggest that the promotion of CPTED is inadequate. Additionally, CPTED may conflict with other planning objectives. Furthermore, since the concept only promises to reduce the opportunities for crime, evaluating Its performance is difficult. As a result, only a small number of municipalities have incorporated CPTED into their planning process. The thesis concludes that in spite of the limited success of CPTED to date, research on the theory and practice of the concept should continue. Recommendations are suggested to facilitate the implementation, evaluation and promotion of CPTED in the future. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

In South Africa, there has been a steady increase in the number of armed robberies within the retail industry which have many negative consequences for the victims, their families, and the community. Materialism and economic advantage are major factors, as these robberies are very lucrative, although socio-economic factors such as unemployment, poverty, and relative deprivation can also contribute to the phenomenon. The climate of violence prevalent in South Africa, the ineffectiveness of the criminal justice system, as well as the availability of illegal firearms also contributes to this climate of lawlessness. The intense fear aroused by these robberies, as well as the extent of this crime necessitates empirical research in this regard. A literature search of South African databases reflects that no specific research regarding retail robberies has been undertaken. In order to fill this void, it was decided to investigate the modus operandi of retail robbers from the victims' perspective, as well as relevant situational factors, victim reactions and the consequences of these robberies. The Model of the victim's experience after a retail robbery (see Figure 2) was formulated to serve as a theoretical framework to give direction to the study and interpret the findings. In order to actualise the set research expectations, various victims of retail robberies within Gauteng were selected to participate in this study. The sample was drawn according to the purposive theoretical and snowball sampling methods. The sample consisted of 20 victims. Individual interviews were conducted with these respondents. Upon analysis and interpretation of the data, it was found that most retail robberies occur in areas with a high crime-rate. The main reason for the selection of a specific target seems to be the obtaining of money. The findings further indicate that retail robberies are committed by groups of offenders who predominantly make use of handguns during these robberies and usually have getaway vehicles waiting outside the stores. It was also apparent in the study that verbal threats and violence are usually employed during retail robberies in order to ensure compliance by the victims and that victims are less likely to resist if the offenders are armed with firearms. Findings indicate that the robbers become more aggressive when resisted and that aggression is influenced by the size of the group. The findings further show that stores with few customers are more likely to become the victims of retail robberies. It was found that security measures such as armed response, alarms and panic buttons do not necessarily deter retail robbers, but most stores improved their security following a robbery. Stores with no surveillance appear to be more vulnerable. Another situational factor pertinent to the study was that most of the stores' interiors were visible to passers-by from the outside. Finally, the impact of retail robberies upon the lives of the victims in terms of financial, physical, emotional and social consequences was also investigated. Based on the findings, recommendations are made with regard to further research. Stemming from this, various suggestions concerning the prevention of retail robberies are also made. / Dissertation (MA (Criminology))--University of Pretoria, 2006. / Social Work and Criminology / unrestricted

The identification of ecological risk factors for delinquency is a widely employed approach to a problem in which there is no single root cause. A number of theoretical and practical approaches typically provide insight into delinquency. The ecological approach in particular focuses on aspects within the urban environment that can be used to explain the disproportionate number of offenders emanating from particular locations. Remarkably, few ecological studies of delinquency have been forthcoming in South Africa which is an astonishing fact for a country plagued with high and rising levels of crime for much of its recent history. Most explanations for the high crime levels in the country centre either on the legacy of apartheid or the transition to democracy. In terms of the former, the apartheid system was premised on the segregation of South African society and the concomitant socio-spatial marginalisation of ‘non-white’ communities. In the context of state repression, marginalisation and a consequent insurrectionary struggle, levels of crime and violence spiralled out of control. The transition to democracy in turn resulted in a number of changes occurring in the country, most notably the rigorous transformation and restructuring of the criminal justice sector. Despite, or perhaps because of, these changes levels of recorded crime remain alarmingly high fourteen years into democracy with seemingly no end in sight and no local theory eminent to guide appropriate action. This thesis aims to contribute towards for a better ecological understanding of delinquency in South Africa based upon the use of Geographical Information Systems (GIS) and quantitative techniques. The thesis presents a geo-analytic perspective of offenders residing within the city of Tshwane, and where possible, translates this knowledge towards an urban ecological theory of crime in South Africa. The findings of the study are used to provide practical insights into effective crime reduction policy initiatives. The study is based on an analysis of offender records obtained from the South African Department of Correctional Services (DCS) during the beginning of 2006. / Thesis (PhD)--University of Pretoria, 2009. / Geography, Geoinformatics and Meteorology / Unrestricted

Dissertação (mestrado profissional) - Universidade Federal de Santa Catarina, Programa de Pós-Graduação em Perícias Criminais Ambientais, Florianópolis, 2016. / Made available in DSpace on 2016-09-20T04:09:34Z (GMT). No. of bitstreams: 1 342008.pdf: 1424809 bytes, checksum: 6a4d612f2019c396f9db39e1ae0d5881 (MD5) Previous issue date: 2016 / No exercício da Fiscalização Ambiental no Estado de Santa Catarina, dentre as várias infrações ambientais previstas no Decreto Federal 6514/2008 destaca-se a infração positivada no art. 66, comumente conhecido como o artigo da infração administrativa afeta a instalar, construir ou operar atividade potencialmente poluidora sem a devida Licença Ambiental, a qual possui uma incidência acima de 55% a frente das demais infrações ambientais. O citado Decreto estabelece o valor indicativo de multa com intervalo entre quinhentos reais e dez milhões de reais, o que cria uma grande dificuldade, visto sua vasta subjetividade. Neste sentido, o presente trabalho buscou trazer a tona uma discussão de modo a equacionar por meio dos aspectos da Perícia Criminal Ambiental, uma metodologia de dosimetria inicial. Foi considerada uma amostragem de Autos de Infração Ambiental ? AIA?s, compreendida pelo período de 2013 a 2014, todos lavrados pela Fundação do Meio Ambiente do Estado de Santa Catarina ? FATMA, cujas informações foram extraídas do sistema de Gestão e Acompanhamento de Autos de Infração Ambiental ? GAIA. A definição da sistematização dos critérios e variáveis utilizados na proposta de dosimetria inicial e revaloração dos AIA?s, pré-selecionados, se deu com a utilização da Portaria nº 170/2013/GABP-FATMA/BPMA-SC como normativa norteadora. Os resultados evidenciaram que existem divergências significativas na dosimetria inicial e no embasamento jurídico entre os diversos AIA?s lançados no sistema GAIA com a mesma descrição sumária, confirmando a importância de se avaliar e padronizar o método de valoração envolvido no processo. Também mostraram, de um modo geral que a uniformização dos Autos de Infração Ambiental lavrados pela infração administrativa prevista no art. 66 do Decreto Federal 6.514/2008, possibilitará a diminuição da subjetividade na aplicação do valor inicial da multa, haja vista a existência e aplicação de critérios pré-estabelecidos e pré-definidos. Desta forma, com o estudo foi possível propor uma nova sistematização e padronização em sede de dosimetria para os valores iniciais indicativos de multa no tocante à infração ambiental do art. 66 do Decreto Federal 6514/2008.<br> / Abstract : In the Environmental Supervision in the State of Santa Catarina, one of the several environmental violations provided for in Federal Decree 6514/2008 is the positivada infraction in art. 66, commonly known as the administrative infringement affects the install, construct or operate potentially polluting activity without proper environmental license, which has an incidence above 55% ahead of the other environmental violations. The said Decree lays down the indicative value of fines between 500 and interval with 10 million reais, which creates a great difficulty, seen its vast subjectivity. In this sense, the present study sought to uncover a discussion so the equa-clone through a methodology linked to crime lab Am-environmentally, a methodology of initial dosimetry, whereas an sampling of Environmental infringement Proceedings-EIP' s,understood by the period of 2013 to 2014, all carved by Deep-tion of the environment of the State of Santa Catarina ? FATMA, whose information has been extracted from the management system and monitoring of Environmental violation notices ? GAIA. The definition of systematization of the criteria and variables used in the proposed initial and revaloração dosimetry of AIA's pre-selected were based on the Portaria nº 170/2013/GABP-FATMA/BPMA-SC as guiding legislation. The results found that there are significant differences in initial dosimetry and in the legal basis among the various AIA's released in GAIA system with the same summary description, confirming the importance of evaluating and standardizing the valuation method en-later in the process. They also showed that in general the alternative presented provides greater security for the servers of FATMA responsible for ticketing, to administrators of the law and for the record, that they would have pre-established criteria and defined. Therefore, this study suggests a new systemization and standardization of dosimetry to initial values indicative of fine as regards environmental art in-fração. 66 of the Federal Decree 6514/2008.

Made available in DSpace on 2014-06-12T23:01:25Z (GMT). No. of bitstreams: 2 arquivo8626_1.pdf: 418341 bytes, checksum: 867903f59cedeb34a2356921e3cd26fd (MD5) license.txt: 1748 bytes, checksum: 8a4605be74aa9ea9d79846c1fba20a33 (MD5) Previous issue date: 2006 / A autora apresenta um estudo transversal descritivo realizado no Hospital de Custódia e Tratamento Psiquiátrico de Pernambuco, no período de julho de 2004 a março de 2006, com pacientes esquizofrênicos que cometeram algum tipo de delito e que se encontram em medida de segurança ou aguardando sentença judicial. Foram utilizados dados, coletados de informações contidas nos prontuários, do diagnóstico da doença mental, do crime cometido, da idade, da profissão, da instrução, da situação sócio-econômica, do estado civil e do tempo de internamento. Foram entrevistados 40 pacientes com esquizofrenia, de ambos os gêneros, que preencheram esse diagnóstico pelos critérios da Strutured Clinical Interview for Diagnostic and Statistical Manual of Mental Disorders - Fourth Edition (SCID-IV). Os delitos cometidos pelos pacientes esquizofrênicos foram analisados segundo o Código Penal Brasileiro. Dos 40 pacientes entrevistados 85% foram homens. A média de idade, à época do crime, foi 32±7,3. O tipo de esquizofrenia mais freqüente foi paranóide (72%). Houve uma prevalência de solteiros (65,8%) e analfabetos (36,6%), com 97,5% em situação socioeconômica baixa. 42,5% não faziam uso de qualquer tipo de droga (exceto nicotina), 35% em uso de álcool, 17,5% em uso de múltiplas drogas e 5% em uso apenas de maconha. O crime predominante foi homicídio (55%), cometido contra 68% dos familiares, sendo a residência, o local de maior ocorrência (47,5%). Dentre os transtornos psicóticos, a esquizofrenia foi a doença mental mais encontrada. Crime e violência na esquizofrenia foram associados a fatores criminogênicos como gênero, condição socioeconômica baixa e abuso de drogas, além do tipo de relacionamento com a vítima e o local. Pacientes esquizofrênicos não são os que mais contribuem para a criminalidade. Os resultados deste estudo devem contribuir para diminuir a discriminação e o preconceitodiante dos portadores de doença mental, favorecendo um tratamento e ressocialização eficazes, com uma melhor qualidade de vida para esses doentes