Thesis (doctoral)--Johann Wolfgang Goethe-Universität in Frankfurt am Main.

Thesis (LLM)-University of Pretoria, 2008. / Abstract in English. Includes bibliographical references .

Thesis (doctoral)--Ruhr-Universität Bochum.

Thesis (doctoral)--Universität Bern.

Inaug.-Diss.--Bonn. / Vita. Bibliography: p. i-xxx.

Thesis--Zurich. / Includes bibliographical references and index.

Heidelberg, Jur. Diss. v. 2. Mai 1912, Ref. v. Lilienthal. / Auch als: Strafrechtl. Abhandlungen. H. 148.

Throughout history, humans have sought to find the mechanisms that drive human behavior. The field of behavioral genetics has grown to fill this desire, as modern techniques for research are being used to find a link between genetics and human behavior. One of the most primal and historical human traits is our propensity for violence and antisocial behaviors. Over the years, adoption studies and twin method studies have shown us that these traits are heritable to a certain degree, but advances in scientific research have allowed researchers to identify specific genetic polymorphisms and genetic factors that are associated with certain behaviors. In courtrooms across America, these genetic claims are becoming a bigger part of the defense’s arguments, and it has become important to further explore the consequences and implications of using behavioral genetics in the courtroom. First, the validity of these claims was assessed by looking at two of the most common genetic defenses, XYY syndrome and Brunner’s syndrome (associated with a genetic abnormality in the MAOA gene). Since the first claims were made in court, it was found that the XYY claim simply does not hold its ground in the courtroom any longer. The Brunner’s syndrome claim is found to be valid for use in court, however careful review of the circumstances is still required. Changes in the interpretation of MAOA effects, its gene-environment interactions, and the inconsistencies in its use were examined to provide examples for why discretion is highly important. Upon establishing guidelines for validity, ethical issues were also considered, to identify the social implications of using these behavioral genetics data in the courtroom. Issues regarding determinism, labeling theory, racial tension, privacy, and discrimination are areas of daily life that are relevant to this increasing usage. Finally, a discussion is introduced on ways this data can be used outside the realm of criminal law, as it has also started to be used in civil law as well. The future of behavioral genetics research and the possibility of bringing neuroscience to the courtrooms are areas of discussion that show the need for the courts to understand the changing nature of defenses. In the end, this paper concluded that some key points must be achieved before use of behavioral genetics is as fair and ethical as possible. Unbiased education of judges and jury members is crucial before allowing the defense to present their interpretation of any genetic findings. More standards need to be in place to prevent the ethical dilemmas that arise. Courts must work towards standardizing approval for genetic claims to be made in court such that all defendants get a fair trial. In the end, an outright ban on the use of behavioral genetics in the courtroom would be irresponsible given the validity and importance of the claims. However its use must be carefully scrutinized, and the researchers, courts, and policy makers must work towards eliminating bias and the ethical concerns that arise, as well as carefully moving forward with research in the future.

This thesis explores the relationship between law, sovereignty and violence in colonial India in the period 1857-1914. From murder, to corporal punishment, to jubilee amnesty, this thesis highlights two gaps within the scholarship of nineteenth-century Indian legal and political history. Firstly, that histories of colonial law have been reluctant to provide a political analysis of the relationship between crime, sovereignty and identity in the everyday. Secondly, the much-noted shift in political discourse from East India Company to British Crown rule in histories of imperial political philosophy has left unexplained the relationship between liberalism, the codification of criminal law, and the production of colonial legal-political subjectivity. This lacuna in scholarship has resulted in the construction of a limited theoretical framework for understanding the underlying politics at play in the histories of crime, law, and punishment. Ultimately this work provides such framework, allowing the writing of law and the act of crime to be brought into histories of political philosophy and colonial sovereignty. As a revisionist history of colonial politics and law the thesis therefore breaks new ground in respect to our broader understandings of colonial sovereignty and politics, the practice of colonial law, and the constitution of the colonial state in India.

Organised crime is a global phenomenon. It is a problem in South Africa as it is a problem in most countries. International and regional organisations, in particular, United Nations, Financial Action Task Force (FATF), and African Union (AU), have developed legislative measures and laid down minimum standards to assist party and non-party states to combat the scourge. Member countries and signatories to those instruments are ever encouraged to bring about national legislative and regulatory frameworks to criminalise predicate crimes, curb money laundering, confiscate instrumentalities and proceeds of such crimes, and to co-operate amongst themselves in their endeavours to fight the scourge. South Africa is a signatory and state party to the Vienna Convention, the Palermo Convention, African Union conventions, Southern African Development Community protocols, and has embraced Financial Action Task Force Forty Recommendations. As a signatory and a state party to these instruments, South Africa has passed, in its parliament, a vast array of legislative tools aimed at complimenting the criminalisation of organised crime related conduct (thus extending range of predicate crimes, and has also put in place preventative measures to be taken by financial, non-financial and professional institutions against money laundering practices, in order to deny organised criminals of illicit proceeds and a further use of property as an instrument of crime. The legislative framework is also aimed to foster international co-operation in the form of mutual assistance, extradition and enforcement of foreign judgements and sentences. There is a public perception, though, that crime pays in South Africa. The general public perception is that crime pays because the laws of the country always lag behind the ingenuity of organised criminals who, it is believed, are always a step or two ahead in better organisation of their nefarious activities and in the use of sophisticated methods of execution to achieve their goals. The objective of this research is to evaluate existing South African laws intended to deal with organised crime with relevant international instruments in order to establish whether the laws are adequate and are being implemented effectively to fight the scourge. The hypothesis of this research project is that South Africa has adequate laws (compliance); however, the problem lies in their implementation (enforcement). To obtain the necessary information to achieve the said objectives, the views made by various writers on organised crime were considered. The legislation currently in place to combat organised crime was identified and measured against aforementioned instruments in order to establish whether they do achieve the minimum standards set for the fight against organised crime. The comparison was done following the perspectives contained in these instruments in chapter form. In this regard, over-achievements as well as under-achievements were highlighted. For an example, article 6 of the Palermo convention instructs state parties to include as predicate offences all serious crime, punishable by maximum deprivation of liberty of at least 4 years or more, for money laundering. The Prevention of Organised Crime Act (POCA), on the other hand, contains no list of specific predicate offences, but makes an open-ended reference to the „proceeds of unlawful activities‟. It is, therefore, all-encompassing. Another example can be found in the South African definition of corruption. The South African statutory definition penalises corruption „in the widest sense and in all its forms, whereas that in the Palermo Convention is limited or restricted, as it does not instruct for the criminalisation of corruption involving foreign public officials or international civil servants. The evaluation of existing South African laws shows that South Africa has adequate laws to fight organised crime. There is, however, a room for improvement in their implementation, particularly in the prosecution of organised crimes. The South African government is urged to make available adequate financial resources to enable prosecutors to carry out their functions effectively in the fight against the scourge.