Typescript. Includes bibliographical references (leaves 218-220).

Thesis--University of Wisconsin--Madison. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 563-580).

Th. 3e cycle--Hist. des cultures, des savoirs et de l'éducation--Paris--E.H.E.S.S., 1983. / Bibliogr. ff. 371-434.

Texte remanié de: Diss.--Fakultät für Geschichtswissenschaft und Philosophie--Bielefeld--Universität, 1990.

In this dissertation, I examined the construction, function, and consequences of causal attributions in all British Columbia sexual assault trial judgements available through Quicklaw from 1986-1994. Most judgements contained causal attributions, that is, the judge discursively constructed an explanation of the assault. These attributions were analyzable as internalizing versus externalizing (i.e., under the individual's control or not); situating or saturating (i.e., situated in a particular time and place versus abstracted and pervasive), and as violent or nonviolent (i.e., caused by a choice or tendency to be violent versus a choice or tendency to use alcohol, to be sexually inappropriate, etc.). The preponderance of attributions for persons guilty of sexual assault cast the cause as something other than violence. This suggests that, despite laws which defined sexual assault as violent per se, judges are not treating these offenses as violent. These attributions along with two other sets of factors (case parameters identified by Ruby, 1994, and stranger versus nonstranger status) were then tested to determine which factors were related to sentencing. Causal attributions were significantly correlated with sentence. In particular, nonviolent attributions were significantly related to lower sentences. Only the relatively rare violent and internalizing attributions (e.g., "he chose to be violent") were significantly correlated with higher sentences. Most case parameters were either not associated with sentence or were actually correlated in the opposite direction. For example, breach of trust was negatively associated with sentence: judges gave offenders who assaulted children in their care systematically lower sentences. Stranger status was significantly correlated with the offender receiving a higher sentence, even when the stranger had not physically touched the victim. Overall, these findings illustrate the usefulness of examining judges' discourse as well as the facts of the case. When judges discursively constructed an assault as nonviolent, the sentence was lower. When they attributed the assault to violent causes and cast the offender as responsible, the sentence was higher. Moreover, the results suggest that the judges are not dealing with sexual assault and other sexualized offenses in the way that is consistent with the relevant legislative laws and sentencing principles. In particular, the legal system fails to protect children from those charged with their care and protection. / Graduate

No description available.

This thesis is a study of international 'core crimes', namely, crimes against humanity, genocide, war crimes, and crimes against peace. The aim of this work is to demonstrate that all these crimes share striking similarities, not only in respect of their qualifying elements, but also as regards the legal regime of individual responsibility attached to them. While focusing on these similar features, this thesis will highlight the defects of the rules applicable to genocide, war crimes and crimes against peace respectively, defects which might ultimately impede effective punishment of these particular crimes. In order to avoid such a risk, it is here submitted that, in fact, all these crimes should be considered as crimes against humanity. Such a re-qualification, it is argued, would indeed have the advantage of securing appropriate prosecution for these most heinous crimes thanks to the wider scope of application of the concept of 'crimes against humanity'. The purpose of this work is certainly not to erase the existence of different international crimes from the legal sphere, as it does not presuppose that the definitions of international crimes are malleable, not that the notion of 'crimes against humanity' is a stretchable one. Rather, it is merely to re-qualify the 'core crimes' against international law as 'crimes against humanity', notion which would then encompass a wider array of offences, all of which overlap considerably. This proposal is based on the assumption that prosecutions for international crimes have remained much too rare, and that, accordingly change and improvement are necessary. The re-qualification of genocide, war crimes, and crimes against peace as crimes against humanity could be a first step towards a better respect of international legal norms.

Approved for public release; distribution is unlimited. / In July 2002, the International Criminal Court (ICC) began operations as the primary international institution for the prosecution of war crimes, crimes against humanity and genocide or international crimes. During the 1990s, the United Nations Security Council authorized international war crimes tribunals for conflicts in the Balkans and in Rwanda. Despite the important developments that these institutions made in international criminal law, these courts have not contributed to the longterm capacity of post-conflict states to operate under the rule of law. In the late 1990s the United Nations started to use new types of hybrid tribunals designed to prosecute international crimes in post-conflict states that combined the power and expertise of the international community with the indigenous law and legal community. This thesis will use case studies to make a detailed evaluation of the institutions and the options facing the individual states and the international community when designing policies or authorizing a tribunal to try international crimes in a post-conflict environment. / Major, United States Marine Corps

Thesis (M.P.A.)--Kutztown University of Pennsylvania, 2000. / Source: Masters Abstracts International, Volume: 45-06, page: 2956. Typescript. Includes "Glossary" (leaves 192-194). Copy 2 in Main Collection. Includes bibliographical references (leaves 176-191).

Habilitationsschrift--Fachbereich 3--Oldenburg--Carl von Ossietzky Universität, 1997. / Bibliogr. p. 163-174. Index.