Text in Afrikaans / "Free people expect much from their police. In such societies the police stand at the point of balance on the one hand securing human rights on the other exercising their lawful powers given to them by Governments in the name of the people, to protect people and their institutions" (J Alderson Human Rights and Police Rights. Publication of the Council of Europe.) This is no small expectation. It means that the police are expected to maintain and secure the principles of democracy and human rights, the principles upon which our Constitution is based. At the same time it is the duty of a police service to maintain law and order which sometimes require the exercise of power and the use of force which on the face of it may appear to violate human dignity and certain rights and freedoms which a police force is expected to maintain in a democratic society. The manner of exercising that power has an impact on the credibility and effectiveness of the police. Human rights law internationally accepts that a police service needs to be given the power to, at times restrict certain individual freedoms in the interests of the security of the community at large. These restrictions may take place only in a constitutional way. If it takes place in an unconstitutional way the courts must have the right to exclude evidence which is unconstitutionally obtained. At this stage the courts have to formulate such a qualified exclusionary rule, but the ultimate goal must be to include such an exclusionary rule in a future Constitution. / Department of Criminal and Procedural Law / LL.M.

Residential racial segregation has been perennially viewed as a major urban problem in the United States. Meanwhile, the single-family mortgage market has been an influential factor in determining segregation since at least the 1930s. Although many prior studies rightly have focused on the very real individual and social costs of subprime loans and related loan features, the greater leverage they afford also may have allowed some, especially minority, homebuyers to purchase properties they otherwise would not have been able to afford. Limited loan-to-value and payment-to-income ratio requirements have constrained borrowers from prime, conventional lenders, and relaxing these standards might allow some borrowers to purchase more expensive homes, possibly in higher quality neighborhoods. Additionally, if minority borrowers disproportionately obtained high-leverage loans, the effect of these loans on neighborhood choice may be greater for minorities than non-Hispanic whites. Since higher-quality neighborhoods are disproportionately non-Hispanic white or racially diverse, the increase in high-leverage mortgages might mitigate the neighborhood quality gap between minorities and non-Hispanic whites and reduce levels of racial/ethnic segregation. Accordingly, this dissertation focuses on two research questions: 1) whether high-leverage home purchase loans enabled borrowers to purchase more expensive homes and homes in higher-quality neighborhoods; and 2) whether these loans affected the racial/ethnic segregation of homebuyers at the metropolitan level. Since blacks and Hispanics comprise significant minorities in many metropolitan areas in the 2000s, I examine the questions for three racial/ethnic groups: non-Hispanics whites, blacks, and Hispanics. To answer the first question, household housing demand and neighborhood quality models are estimated using the American Housing Survey data. To answer the second question, metropolitan area segregation models are estimated primarily using the American Community Survey and the Home Mortgage Disclosure Act. Both cross-sectional and fixed-effect panel segregation models are estimated using a two-stage least squares approach with chosen instruments. I find that the use of high-leverage loans increases housing demand and neighborhood quality, holding other household characteristics constant. I also find that high-leverage loans have a substantial, negative effect on black segregation, while the effect on Hispanic segregation is somewhat ambiguous. The findings suggest that policymakers should consider the impact of regulations affecting allowable loan-to-value and payment-to-income ratios on borrowers' residential choice and urban form, as well as on default risk.

By a common characterization of populism as a threat to democracy, this study further examines whether populism entails a threat or a corrective to democracy. The research is based on the theoretical framework by Cristóbal Rovira Kaltwasser and Cas Mudde which emphasizes the inclusion and exclusion factor of populism to determine the impact on democracy. Thus, the study characterizes the inclusionary and exclusionary populism regarding rhetoric towards indigenous peoples. In account of populism in government and populism in opposition to impact democracy differently, the empirical case study outlines Jair Bolsonaro and Gustavo Petro. A text analysis with focus on content analysis reflects the methodological approach by analyzing quotations of populists connected to indigenous peoples. The conclusion follows that Gustavo Petro indicates inclusionary populism while Jair Bolsonaro indicates exclusionary populism.

No description available.

Within the last few decades, zero tolerance policies and exclusionary discipline have become the standard way in which schools manage student behavior. These policies, namely suspension and expulsion have been shown to have negative impacts on the lives of students who are punished with them. Educationally, the removal of students from the classroom hurts their chances of achieving academic success. Furthermore, these policies have been linked with an increase in the presence of law enforcement on school campuses, which results in the arrest of students, burdening them with expensive and serious legal battles. This research examines whether nonwhite students are more likely to be sanctioned by this form of discipline. A nationally representative sample of middle and high school students is used to estimate four logistic regression models, with exclusionary discipline as the dependent variable and race as the primary independent variable. The analysis shows that nonwhite students are more likely to suspended or expelled than white students – even when student behavior is the same. This research adds to the existing body of research on exclusionary discipline and provides a nationally generalizable study to support the claim the nonwhite students are at an increased risk to be sanctioned by zero tolerance policies.

O princípio da não autoincriminação (ou princípio nemo tenetur se detegere) constitui não só um dos mais importantes princípios aplicáveis no contexto da produção probatória, mas também um dos princípios fundamentais do processo penal. O seu estudo está diretamente relacionado à tensão existente entre o interesse público na persecução penal e o interesse do indivíduo, no que diz respeito à observância das garantias fundamentais. A evolução, estrutura, alcance e as restrições ao referido princípio serão analisadas sob o enfoque do direito comparado, exercício este que nos propomos a ensaiar privilegiando uma referência abreviada à experiência americana. Após uma breve incursão sobre os sistemas processuais penais, a busca da verdade e os poderes do juiz temas intimamente relacionados ao assunto principal trataremos, sem a pretensão de esgotar o assunto, da dimensão assumida pelo privilege against self-incrimination no direito processual penal estadunidense e, posteriormente, do alcance do princípio da não autoincriminação no ordenamento brasileiro. Tendo em vista a matriz costumeira do Direito norte-americano, as linhas sobre o privilege serão traçadas, sobretudo, por meio da análise dos julgados da Suprema Corte. No ordenamento pátrio, o direito de não produzir prova contra si mesmo será tratado à luz dos entendimentos doutrinários distintos. O enfoque, em ambos os ordenamentos, dar-se-á também sob o prisma do direito ao silêncio, interrogatório, provas que dependem da colaboração do acusado, princípio da proporcionalidade e consequências advindas da violação ao princípio. / The privilege against self-incrimination (also known as nemo tenetur se detegere) is not only one of the most important rights in the context of evidence, but also a fundamental principle of criminal procedure. The study is intimately related to the tension between publics interest in punishment, in one side, and the preservation of a persons rights, on the other. The evolution, structure, scope and restrictions to this principle will be analyzed from the standpoint of comparative law, which we intend to accomplish by making a brief reference to the American experience. After a short foray concerning to the systems of criminal procedure, search for the truth and the powers of the judge topics that are closely related to the main subject we will discourse, without pretending to exhaust the theme, about the extent assumed by the privilege against self-incrimination in USAs criminal procedure and, subsequently, the dimension of the privilege against self-incrimination in brazilians criminal process. Given the peculiarities of the American Legal system, based on the concept of precedence, the lines on the privilege will be drawn, especially, through the analysis of U. S. Supreme Court cases. When it comes to brazilians procedure, the right against self-incrimination will be treated throughout the different doctrinal understandings. The focus in both jurisdictions will also be developed through the perspective of the right to remain silent, cross-examination, evidences that depends on the defendants cooperation, the principle of proportionality and the consequences resulting from the violation of the privilege.

Made available in DSpace on 2016-04-26T20:21:01Z (GMT). No. of bitstreams: 1 Luis Felipe Grandi Massola.pdf: 361739 bytes, checksum: 552fd47fb2882b099ff9860210a77af5 (MD5) Previous issue date: 2012-06-06 / The right to life is a fundamental right guaranteed by constitution, but, exceptionally, can be relativized. That can be seen from the analysis of some devices that permeate the legal parental rights, both constitutional and infra. In this sense, this paper seeks to demonstrate the urgent need for orthothanasia to be approved explicitly in the Penal Code as a new cause of unlawful exclusionary and thus treated as a new kind of relative right to life. The right to have a dignified death represents the real and effective application of the principle of human dignity to those who are severely ill with signs of imminent death, avoiding unnecessary suffering cruelty of therapy. From this perspective devices are analyzed in the New Code of Medical Ethics that legitimize the adoption of orthothanasia from the standpoint of medical ethics and its relations with the Draft of the Special Part of the Penal Code which gives the orthothanasia legal cause of unlawful exclusionary . Finally, considerations are made about the need to adopt the so-called palliative care also under criminal perspective, harmonizing the principles highlighted with the notion of humanizing the death process / O direito à vida é um direito fundamental constitucionalmente assegurado, mas que, excepcionalmente, pode ser relativizado. É o que se verifica da análise de alguns dispositivos que permeiam o ordenamento jurídico pátrio, tanto no plano constitucional, como infraconstitucional. Neste sentido, a presente dissertação procura demonstrar a necessidade imperiosa de que a ortotanásia seja positivada expressamente no Código Penal como nova causa excludente de ilicitude e, assim, considerada como nova espécie de relativização do direito à vida. É que o direito à morte digna representa a real e efetiva aplicação do princípio da dignidade da pessoa humana àqueles gravemente enfermos que se encontram com quadro de morte iminente e inevitável, evitando sofrimento desnecessário da crueldade terapêutica. Sob este prisma é que são analisados dispositivos do Novo Código de Ética Médica que legitimam a adoção da ortotanásia do ponto de vista da ética médica e suas relações com o Anteprojeto da Parte Especial do Código Penal que confere à ortotanásia natureza jurídica de causa excludente de ilicitude. Ao final, considerações são tecidas sobre a necessidade da adoção dos chamados cuidados paliativos também sob a ótica penal, harmonizando os preceitos em destaque com a noção da humanização do processo de morte

Joseph Raz has developed a concept of authority based on the special relationship between reasons and action. While the view is very complex and subtle, it can be summed up by saying that authorities are authorities insofar as they can mediate between the reasons that happen to bind their subjects and the subjects’ actions. Authorities do this by providing special reasons via directives to their subjects. These special reasons are what Raz calls “protected reasons.” Protected reasons are both first-order reasons for action and second-order “exclusionary reasons” that exclude the subject from considering some reasons in the balance of reasons for or against any action. I first make clear what Raz’s view of authority is, and I then defend this view from some contemporary critics.

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This study used a phenomenological design to discover how middle school teachers in northern California perceived the effectiveness of Positive Behavioral Interventions and Supports (PBIS) in improving school climate and lowering office discipline referrals. PBIS is a school-wide initiative implemented in schools across the United States as an approach for addressing discipline and promoting a positive school climate. The researcher examined teacher perceptions on effectiveness of PBIS at the middle school level. The district implemented PBIS to align with district initiatives to lower exclusionary discipline practices (office referrals, suspensions, and expulsions) for students, with an emphasis on African American males, students with disabilities, and foster youth. The study used transformative learning theory and teacher self-efficacy to guide the research. The overarching research question explored was: What are middle school teachers’ perceptions about the effectiveness of PBIS? Data were collected from individual semi-structured open-ended interviews; concern statements; and examination of the trends of suspension, expulsion, and office discipline referrals pre-PBIS and post-PBIS. Data analysis revealed that all participants used positive terms to describe their school’s climate. Participants also experienced shared benefits and barriers when discussing PBIS in their school settings. The results of this study support PBIS in middle schools and addressed barriers. The results could be used to guide the decision-making process of those responsible for PBIS at the local school district level as well as at the individual school and classroom levels.