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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
91

A cleric's right to self-defense when accused of a delict from the accusation to the beginning of a formal process /

Williams, David, January 1900 (has links)
Thesis (J.C.L.)--Catholic University of America, 2006. / Includes bibliographical references (leaves 73-78).
92

Positive Administrative Control: A Construct for Assessing Managerial Influences on Rates of Misconduct in Prison

January 2015 (has links)
abstract: The most prominent theories for explaining the incidence and prevalence of misconduct in prison are deprivation (Clemmer, 1940; Sykes, 1958; Colvin, 1992), importation (Irwin and Cressey, 1962; Harer and Steffensmeier, 1996; Cao Zhao, and Van Dine, 1997), and administrative control (DiIulio, 1987; Useem and Kimball, 1989; Useem and Reisig, 1999). Administrative control does not supersede deprivation and importation theories, but rather adds to them by asserting quality management is essential for the maintenance of an orderly environment jeopardized by the effects of deprivation and importation. Even though research has supported administrative control, researchers have disagreed over which aspects of management are most effective for mitigating disorder, and have thus far only proven that poor management leads to administrative breakdowns in policies and practices that predicate disorder. This dissertation introduces the concept of positive administrative control, based on social exchange theory, as the mechanism prison administrators should use to induce staff to act in accordance with agency desires and avoid administrative breakdowns. The results show that when prison employees experience quality relationships with their supervisors, they are more likely engage with inmates in a similar fashion, which is associated with reductions in misconduct rates. At the same time, when prison employees are supported and rewarded for their good behavior, they are more likely to actively monitor inmates, which is associated with increases in misconduct rates. Additionally, the results support importation theory by demonstrating that the aggregated criminogenic characteristics of inmates in a prison are representative of cultural influences on prison misconduct. Based on these findings, recommendations are made to restructure leadership training to emphasize relational leadership skills that positively influence staff to act in accordance with agency desires and more closely follow policy guidelines. It is also recommended that future studies consider including aggregated demographic variables in studies of misconduct in order to capture cultural/environmental influences that may otherwise be missed, and should avoid overuse of composite variables, in particular institution security level. / Dissertation/Thesis / Doctoral Dissertation Criminology and Criminal Justice 2015
93

A defensoria pública e a tutela jurisdicional da moralidade administrativa: do fundamento constitucional da legitimidade da defensoria pública para a tutela jurisdicional  da moralidade administrativa / The public defender and the judicial protection of administrative morality: the constitutional basis of legitimacy of public defense for the judicial protection of administrative morality

Erik Palácio Boson 26 February 2015 (has links)
Este trabalho se propõe a estudar se a abrangência da legitimidade de atuação atribuída pela Constituição Federal à Defensoria Pública pode ser entendida de forma a albergar a possibilidade de defesa judicial da moralidade administrativa. A relevância deste estudo se revela na repercussão social da discussão. É dizer, considerando a corrupção como um dos maiores entraves ao desenvolvimento social, então a eficiência no controle da moralidade administrativa está diretamente ligada à eficiência na própria redução da desigualdade social, que, por sua vez, é o fundamento maior da atuação da Defensoria Pública. Seria lícito, nesta perspectiva, impedir o ajuizamento de Ação de Improbidade pela Defensoria? Enfrenta-se o questionamento à luz da perspectiva de que a instituição tem a responsabilidade de defesa dos direitos individuais e transindividuais dos necessitados, entendidos estes como qualquer sujeito em situação de vulnerabilidade (a despeito de sua particular condição econômica). Entendeu-se por bem dividir o estudo em quatro partes, cada uma das quais correspondendo a um dos conceitos chaves delimitados pelo próprio título. Ou seja, primeiro se estuda a Defensoria Pública, logo após é feito um exame sobre o controle jurisdicional da Administração Pública; em terceiro lugar, é feita uma análise dos aspectos relevantes do conceito da moralidade administrativa, para, só então, em último lugar, adentrar especificamente a questão do problema efetivamente proposto. Nesta oportunidade, pretendeu-se enfrentar cada um dos argumentos costumeiramente levantados por aqueles que respondem negativamente à questão proposta. Considerados os pressupostos mencionados, concluiu-se pela legitimidade da Defensoria Pública para a tutela jurisdicional da moralidade administrativa. Destarte, caso seja constatado que a Ação de Improbidade é a melhor solução para o caso concreto, não existe razão jurídica que justifique a obstaculização desta via processual à Defensoria Pública. / This paper aims to examine whether the scope of action of legitimacy conferred by the Constitution to the Public Defense can be understood in order to accommodate the possibility of legal defense of administrative morality. The relevance of this study is revealed in the social repercussions of the discussion. That is, considering corruption as one of the greatest barriers to social development, then the efficient control of administrative morality is directly linked to efficiency in specific reduction of social inequality, which, in turn, is the largest foundation of the work of the Public Defense. Would it be reasonable, in this perspective, prevent the filing of Misconduct Action by the Public Defense? Such questioning is faced in the light of the view that the institution has the responsibility to defend both and transindividual rights of the needy, which are understood as any subject in a vulnerable situation (despite their particular economic condition). It was understood to be appropriate to divide the study into four parts, each of which corresponding to one of the key concepts defined by their own title. That is, firstly the Public Defense is studied, afterwards an examination is made on the judicial control of the Public Administration; thirdly, an analysis of the relevant aspects of the concept of administrative morality is made, only then, finally, specifically touch upon the issue of the effectively proposed problem. This time, it was intended to address every argument customarily raised by those who respond negatively to the question posed. Considering the aforementioned assumptions, we concluded the legitimacy of the Public Defense for the judicial protection of administrative morality. Thus, should it be found that the misconduct of action is the best solution to the present case, there is no legal reason to justify hindering this procedural means to the Public Defense
94

As funções extrajudiciais do Ministério Público: natureza jurídica, discricionariedade e limites / Public Prosecution\'s extrajudicial activities: juridical nature, discretion and limits.

Carlos Vinícius Alves Ribeiro 02 August 2011 (has links)
O Ministério Público, desde o período imediatamente anterior à Constituição da República de 1988, recebeu novas funções que não faziam parte da clássica titularidade da ação penal pública. Juntamente com essa novel plêiade de funções, atribuiu-se também à instituição novas ferramentas para a consecução de suas finalidades, marcadamente ligadas à tutela e à defesa de interesses metaindividuais. O manejo desses instrumentos no âmbito do próprio Ministério Público possibilita, em grande medida, a resolução concertada de conflitos, contornando a morosidade e a onerosidade do sistema judicial. Essas atividades, que possuem natureza jurídica de função administrativa, apresentam muitas zonas de discricionariedade, que, mal interpretada e manejada, pode desbordar em arbitrariedade disfarçada de independência funcional. Com isso, filtros e balizas ao exercício dessas atividades protojudiciais do Ministério Público são sugeridos, bem como se demonstram alguns mecanismos de controle que poderão ser utilizados, de maneira anterior ou posterior, para o exercício, pelo Ministério Público, de suas funções administrativas finalísticas na tutela e na defesa de interesses de massa. / The Public Prosecution, since immediately before the promulgation of the 1988 Brazilian Federal Constitution, was endowed with new functions which went beyond its thitherto classic duty of solely acting in public criminal prosecutions. Along with its newly established goals, related to the defense of the so-called meta-individual interests. The use such tools by the Public Prosecution largely enables a concerted resolution of conflicts, by dodging the notorious dilatoriness and high costs of the judicial system. Nevertheless, because the juridical nature of these activities is that of administrative function, they might be tainted by an undesired degree of discretion. Therefore, a poor interpretation or manipulation of such activities might result in arbitrariness, dissembled as functional independence. For this reason, this paper suggests that filters and beacons be established to guide and limit these extrajudicial activities of the Public Prosecution. The paper also presents some control mechanisms, to be wielded either prior or prospective to the actual acting of the Public Prosecution when aiming at defending the people\'s interests by mean of its administrative functions.
95

Faculty Perceptions of Online Student Disruptive Behavior

Posner, Kenneth J. 29 June 2016 (has links)
Limited research and literature address online student disruptive behavior and the effectiveness of conflict management strategies to address these inappropriate behaviors. Through expanded offerings of online education, higher education institutions need to prepare strategically and intentionally for increased instances of online student disruptive behavior. This research study developed and administered an online survey to obtain quantitative and qualitative data. Utilizing the Qualtrics Research Suite and the Statistical Package for the Social Sciences (SPSS) for quantitative data analysis and MAXQDA for coding the qualitative data this research study examined five research questions identifying online student disruptive behaviors, observed frequencies, and effective strategies used by faculty participants. This quantitative study with qualitative components adds to the limited body of knowledge of online student disruptive behavior by examining faculty perceptions of online student disruption and the effectiveness of conflict management strategies. The research study population consisted of online faculty (N=564) from a regionally accredited, not for profit institution located in the southeast United States. Approximately 279 (49%) of surveyed participants accessed the survey, and 226 (81%) of those participants completed the survey. Although survey participants were limited to one institution, due to the online nature of their employment responsibilities, there was a broad geographical representation of the sample population. One hundred and forty-one faculty participants (54.02%) experienced online student disruptive behaviors and only 27 participants (11.95%) reported that online student disruption is not a problem. The study examined five research questions and faculty responses were similar in identifying online student disruptive behaviors. Conflict management strategies were also studied, and faculty participants identified “addressing the student(s) outside of online class activity through private electronic correspondence” as both the most used (85.97%) and most effective strategy. This study should serve as a foundation for future research on the topic and be a catalyst for exploring and comparing student perceptions of online student disruption. The study also revealed the importance and opportunities for higher education institutions to offer faculty development workshops on effective ways to deal with online student disruption. One hundred and twenty-three (56.95%) faculty participants indicated a lack of training to handle student disruption, and 124 (57.41%) stated that they would probably or absolutely would attend a faculty development workshop on online student incivility. Therefore, there are significant opportunities for higher education institutions to provide faculty members training to improve classroom management skills/techniques while proactively dealing with online student disruption.
96

Comparing anti-corruption strategies in South Africa's Western and Eastern Cape Provinces

Cwati, Sizathu Tosca January 2004 (has links)
Masters in Public Administration - MPA / In its new democracy, South Africa is busy making endeavours to transform and correct the wrongs and problems of the past. In the process it is vital that obstacles to development such as corruption in the public sector should be uprooted as they inhibit quality service delivery and further damage the name of the public service.This study compares anti-corruption strategies in South Africa’s Western and Eastern Cape provinces, in particular by looking at both the achievements and limitations that have been experienced. The focus area is the provincial administrations in both provinces. In order to contextualise the evaluation of the anti-corruption strategies pursued by the two provincial administrations, the study also includes an examination of the role of provinces in general in combating corruption.The research methods employed include a detailed survey of documentation published by the provincial governments’ anti-corruption agencies, as well as reports by civil society organizations focusing on corruption in the public sector. The study also draws on semi-structured interviews conducted with key stakeholders in the two provinces.The study concludes by summarizing the successes and limitations of the two provincial administrations in dealing with corruption. A number of practical recommendations are provided to strengthen the future design and implementation of anti-corruption strategies.The empirical research for this research report was carried out in 2003 before the national and provincial elections of 2004. / South Africa
97

An investigation into the use of whistle-blowing as a means to curb unethical behaviour of police officers in the Nelson Mandela Bay

Mboyi, Sabelo Advocate January 2008 (has links)
The use of whistle-blowing as means to curb unethical behaviour of police officers in the Nelson Mandela Bay is investigated in this study. In order to investigate this, various instruments were used, these are interviews and questionnaires. However the objectives of the study were: - To examine the implementation of whistle-blowing in the SAPS. - To develop strategies and measures that can be used to encourage whistle-blowing in the SAPS. Broadly speaking, these objectives have been achieved by providing empirical evidence which shows that: - Unethical behaviour by police officers is the most ethical challenge facing police officers in the Nelson Mandela Bay Area. This is based on the findings which eminate from the interviews. - Whistle-blowing is used by police officers as an early warning system that alerts the superiors about misconduct before it is too late as it defects and deters wrongdoing. However, the study suggests various strategies and measures to assist the implementation of whistle-blowing. These strategies include: - Development of hotlines. - Assurance of confidentiality and anonymity of disclosures. - Response plan development. - Training development. - Regarding whistle-blowing as an ongoing communication. This study also indicates that misconduct by police officers in the Nelson Mandela Bay area is not high. While whistle-blowing is considered as a key tool in promoting individual responsibility and accountability among police officers. In conclusion, recommendations are provided which could assist the SAPS and individual police officers to improve ethical conduct, and for improved measures and mechanisms to deal with unethical behaviour of police officers and recommendations for improved implementation of whistle-blowing process.
98

An exploration of stakeholder perceptions of academic dishonesty and approaches used to promote academic integrity in nursing students

Harrison, Nigel January 2013 (has links)
An increased number of investigations for academic dishonesty with nursing students was a catalyst for this research. The aim was to explore stakeholder perceptions of academic dishonesty and approaches used to promote academic integrity. Literature reviewed was largely anecdotal, focusing on accounts of incidents and concern over nurses’ fitness to practise, recognising a need to enhance understanding and strategic solutions. A single case study design was utilised, capturing views of expert witnesses, including nursing students, academic staff, practice mentors and administrative and support staff, using individual interviews and nominal groups. Documentary evidence of incidence occurring between 2004 and 2010 were also analysed. An integrated definition of Academic and Practice Misconduct specific to nursing was developed and a range of contributing factors influencing students identified. Incidence within the school was found to have gradually reduced, where collusion and plagiarism was found to be the most common types occurring; highest at academic level five and in essays. Almost half of academic staff had reported an alleged incident. A hierarchy of Academic and Practice Misconduct emerged, indicating a range of severity and degrees of deliberateness. A self-assessment tool has been developed to enable students to measure their level of risk of Academic and Practice Misconduct. Five themes emerged from thematic analysis of data on approaches used to promote academic integrity: devising strategies, policies and procedures; educating stakeholders; implementing holistic preventative processes and deterrents; detecting and managing alleged incidents; and on-going monitoring and enhancement. This was synthesised into a collaborative cycle with four phases for use by stakeholders, listing activities undertaken at course, school and university level and in practice settings. A self-assessment tool has been developed for academic staff to measure their level of involvement in promoting Academic and Practice Integrity. The concepts of risk and person centred approaches are utilised as theoretical frameworks to underpin the research findings. The study is presented as an integration of research, education and practice.
99

Sexual boundary violations between peace officer agencies and offenders

Goins, Jacqueline Lorraine 01 January 2002 (has links)
Peace officers across this country have allowed a hostile environment to be created with offenders who are in their custody. An overview of the issues to be addressed in this study will begin with sexual boundary violations among peace officers and offenders, such as physical intimacy and emotional commitment that meets the sexual needs of the peace officer.
100

Socialization Among Fraternity Men and Sexual Assault Prevention

Brinkmeier, Fumiko 23 May 2022 (has links)
No description available.

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