Criminal Charges Research Articles

Criminal Responsibility for Errors Committed by Medical Robots: Legal and Ethical Challenges

Objective: This study aims to know Criminal Responsibility for Errors Committed by Medical Robots, where the use of robots in healthcare and medicine has been steadily growing in recent years. Robotic surgical systems, robotic prosthetics, and other assistive robots are being into patient care. However, these autonomous systems also carry risks of errors and adverse events resulting from mechanical failures, software bugs, or other technical issues. When such errors occur and lead to patient harm, it raises complex questions around legal and ethical responsibility Char. Method: A descriptive analytical method was followed. Results: Traditional principles of criminal law have not been designed to address the issue of liability for actions committed by artificial intelligence systems and robots. There are open questions around whether autonomous medical robots can or should be held criminally responsible for errors that result in patient injury or death. If criminal charges cannot be brought against the robot itself, legal responsibility could potentially be attributed to manufacturers, operators, hospitals, or software programmers connected to the robot. However, proving causation and intent in such cases can be very difficult. Conclusions: The prospect of bringing criminal charges against a non-human triggers ethical dilemma. Should autonomous machines have legal personhood? How to weigh patient safety versus promoting innovation in medical technology? This research will analyze the legal and ethical challenges associated with determining criminal responsibility when medical robots cause unintended harm. It has important implications for patient rights, healthcare regulation, technological ethics and the legal status of intelligent machines.

Confiscation and the Presumption of Innocence: Key Issues in ECtHR Case-law Considering the Contemporary Broadening of Confiscation’s Scope

Confiscation and the Presumption of Innocence: Key Issues in ECtHR Case-law Considering the Contemporary Broadening of Confiscation’s Scope

Few Bad Apples? Criminal Charges, Political Careers, and Policy Outcomes

Few Bad Apples? Criminal Charges, Political Careers, and Policy Outcomes

A Few Bad Apples? Criminal Charges, Political Careers, and Policy Outcomes

A Few Bad Apples? Criminal Charges, Political Careers, and Policy Outcomes

A Few Bad Apples? Criminal Charges, Political Careers, and Policy Outcomes

A Few Bad Apples? Criminal Charges, Political Careers, and Policy Outcomes

Time to exercise caution? Project CARA and out-of-court responses to domestic abuse

Abstract Domestic abuse (DA) is a high-volume area of police work and the utility of criminal justice intervention has been questioned, especially in relation to cases perceived as low risk. This paper initiates debate on conditional cautions being used by some police forces as an alternative to a criminal charge. We highlight limitations of existing evaluations of the Cautioning Adult Relationship Abuse (CARA) intervention and potential unintended consequences of wider roll-out that remain untested. We suggest continuing to grow the evidence-base for behaviour change while addressing issues around implementation, with a greater emphasis on controlling and coercive behaviour.

Defending Primary Victims Who Face Criminal Charges For The Use Of Defensive Force Against Their Abusive Partners: Attempting To Change 'laws' Practices'

Defending Primary Victims Who Face Criminal Charges For The Use Of Defensive Force Against Their Abusive Partners: Attempting To Change 'laws' Practices'

IMPLEMENTASI UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAH: KERANGKA KELEMBAGAAN UNTUK PENERAPAN PUTUSAN PERSIDANGAN

The state administrative law is created to improve the performance of the state administrative process. For the people, it gives a reassurance that every decision that has been made should be designed according to the prevailing procedure and regulation. For the state apparatus, this law provides protection from criminal charges for the policy that has been made according to the prevailing procedure and regulation. Hence, in principle this law is made to give legal certainty and a peace of mind for both parties. However in its implementation, the application of the state administrative law has not been optimal since the implementor of control of the Administrative Court’s decision is yet to be institutionalized. The purpose of this research is to give recommendation on the possibble institutional arrangement for the implementor of control of the Administrative Court’s decision. The method used in this research is by using a qualitative approach with the socio-legal method that is based on literature studu that is analyzed by using the content analysis technique. The results of this research shows that there are several institution within the state administrative that have the potential to be the implementor of control of the Administrative Court’s decision and also finds the possible institutional arrangement for its implementation.

Offering recovery rather than punishment: Implementation of a law enforcement–led pre-arrest diversion-to-treatment program for adults with substance use disorders

BackgroundThe opioid epidemic has strained the US criminal justice system. Law enforcement frequently encounters persons with substance use disorder (SUD). Law enforcement–led, pre-arrest diversion programs linking individuals with SUD to addiction treatment instead of arrest and prosecution has the potential to reduce crime, overdoses, and other community harms. We implemented a pre-arrest diversion-to-treatment program—the Madison Addiction Recovery Initiative (MARI)—from September 2017 to August 2020, and describe the key components of MARI's effective implementation. MethodsAdults who committed an eligible, drug use–related crime were offered a 6-month MARI participation with referral to treatment in lieu of arrest; criminal charges for that crime were “voided” upon the successful MARI completion. Formative evaluation, with stakeholder feedback and team meeting minutes, assessed key factors influencing implementation. Process evaluation consisted of tracking participant referrals, enrollment, and engagement. Police officers, MARI participants, and treatment center staff members were surveyed about program experiences and attitudes. The study used descriptive statistics to describe quantitative survey responses; thematic qualitative analysis identified major themes in qualitative responses. ResultsOf 263 participants, 160 initiated program engagement, with 100 successfully completing MARI. Interim evaluations and community partner feedback informed program protocol adjustments to increase participant enrollment, retention and diversity, streamline the referral processes, and transition to telehealth during the COVID-19 pandemic. ConclusionRigorous evaluation and community partner feedback are essential components of effective implementation and sustainability of a law enforcement–led pre-arrest diversion-to-treatment program, which has the potential to both reduce crime and overdose, and change the lives of people with SUD.

Medical Errors in Health Care Institutions: an Interdisciplinary Study of the Competences of Specialists Based on Medical and Pharmaceutical Law

In global medical practice, physicians have faced criminal charges such as manslaughter, reckless endangerment, or negligent homicide following fatalities of patients. A comprehensive and interdisciplinary study was carried out, involving forensic and pharmaceutical, medical and immunological, as well as criminal and legal expertise. This study focused on the competencies of healthcare facility professionals, guided by medical and pharmaceutical law within the legal framework of interactions between doctors, patients, pharmacists, and lawyers. It specifically addressed medical mistakes made in the field of gynecology. The research encompassed an analysis of how leading countries worldwide handle medical errors. It categorized common medical missteps, including hazardous surgical methods, infections from medical care, diagnostic inaccuracies, and risky blood transfusions. The forensic and pharmaceutical practices related to gynecological medical errors were scrutinized. Furthermore, the study led to the proposition of normative initiatives for amendments and additions to Article 140 of the Criminal Code of Ukraine, aiming to address these issues more effectively.

Juridical Analysis Of Doctors' Responsibilities For Malpractic Action

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.

How to face disciplinary measures at work

Disciplinary measures are an important part of maintaining safe and effective health systems, ensuring patients receive the highest quality of care. There are a number of disciplinary measures that can be enforced by the employer. Misconduct in health and care can have serious consequences for patients and health and care workers, and can result in disciplinary action or even criminal charges. This article provides an overview of the disciplinary process. It highlights key points and describes action that can be taken if there are any issues of concern that could be deemed misconduct.

Illegally blonde: Performing femininity in the mediated courtroom

When facing criminal charges, female defendants face a difficult double bind; they are simultaneously judged for the crimes they have committed and for breaching socially defined boundaries of femininity. An unfair portrayal in the media may cause a crisis in any instance, but when the subject is facing criminal charges, the stakes are much higher. To appeal to the court of public opinion, female defendants must consider implicit gender biases by performing a type of femininity that is perceived as authentic and earnest yet appropriately moderated. These expectations are most evident in high-profile celebrity scandals as the defendant is measured against their public persona – even if that persona is entirely constructed. This article examines how dress affects the way female celebrity defendants are perceived in the courtroom and how attained fame and American mass media influence this perception as is evident in the cases of Alexis Neiers, Patty Hearst, Winona Ryder and Anna Delvey.

Early phase psychosis and criminal conviction in United States adults.

Individuals experiencing early phase psychosis (EPP) are at increased risk for legal involvement. In prior studies, between 14% and 75% of individuals with EPP reported a history of criminal offending behaviour, criminal charges, or criminal convictions. To better understand the frequency of criminal conviction in a specialty treatment clinic serving EPP clients, the research team supplemented self-reported data from the clinic intake with information from publicly available databases. In this sample of 309 adults, approximately one quarter of patients (n = 76) self-reported a history of arrest, incarceration, probation, or parole within 6 months of enrolment in a treatment clinic. The research team expanded upon this and collected data from a public database of court proceedings in Indiana for all clinic participants before and after enrolment. Thirty-nine percent (n = 122) had three or more traffic tickets or a conviction for an ordinance violation, misdemeanour, or felony in the state of Indiana as an adult. This is over two times the national average. Drug and alcohol related convictions were the most common single conviction type, and 29% (n = 89) of subjects experienced at least one incarceration. These data highlight the need for specialty clinics to partner with professionals with expertise in the prevention and management of criminal behaviour. Future studies should examine risk factors for individuals experiencing EPP and criminal conviction.

Criminal Liability For Perpetrators of Negligent Crimes Resulting in the Death of Others in Traffic Accidents

Criminal responsibility leads to the prosecution of the perpetrator who has committed a criminal act and fulfills its elements as stipulated in the law. Viewed from the perspective of the occurrence of a prohibited act (obligation), an individual will be criminally accountable for such actions if they are against the law. To hold someone criminally accountable, one must consider the culpability of the perpetrator. However, it is not sufficient to consider only the culpability; one must also consider the reasons and circumstances that eliminate the penalty as outlined in Articles 44, 48, 49, 50, and 51 of the Indonesian Penal Code (KUHP). In cases where the perpetrator has met the provisions of those articles, they are exempted from the threat of criminal charges. The research method used is normative juridical, which involves legal research on primary and secondary legal materials, especially those related to the discussed subject matter. This study aims to determine how criminal responsibility is imposed on perpetrators of negligent crimes resulting in the death of others in traffic accidents. From the research findings, it is concluded that the defendant Mariyanto, based on the trial facts, did not meet the criteria set forth in Articles 44, 48, 49, 50, and 51 of the KUHP that would eliminate the penalty. Therefore, Mariyanto can be held responsible and subject to criminal accountability. Considering that the victim also bears some responsibility contributing to the commission of the offense and that the defendant had no malicious intent, posing no danger, the writer suggests that the defendant should be appropriately sentenced to probation, as proposed by Mariyanto's Legal Counsel in their plea, taking into account humanitarian and justice considerations.

Is the Stick Real? Trends from Concluded Prosecutions of Industrial Environmental Crimes in South Africa

South Africa’s suite of environmental laws contains many criminal sanctions and penalty provisions. Whether the criminal sanction is an effective tool that realises the constitutionally protected environmental right depends on how it is practically enforced and whether potential offenders become aware of such enforcement measures. This article reports on research aimed at collecting and analysing prosecutions for industry-related transgressions (conducted mainly in Magistrate’s Courts) and involving offences under the National Environmental Management Act (NEMA), the Waste Act, the Air Quality Act and the National Water Act. An analysis of 53 prosecutions shows that most cases resulted in convictions, half were concluded through plea and sentence agreements, half involved the conviction of individuals, no direct imprisonment penalties were imposed, and low fines were imposed in most cases. The findings include that there is some inconsistency in how different listed activities or water uses are treated as separate or consolidated criminal charges, and the exact number, outcome or trends arising from such cases are difficult to determine as there is no central, readily accessible database of concluded prosecutions. Increased access to such information would improve knowledge, implementation and the effective use of the criminal sanction through prosecutions. In turn, this would contribute to the improved realisation of the constitutionally protected environmental right.

A Child Rights Perspective on Babies Behind Bars: An analysis of two different narratives and their outcomes

Abstract:
 This comic represents two narrative outcomes of the Mother-Child Program for Federally Incarcerated Women in Canada resulting in child rights concerns for this growing population of children. The Mother-Child Program has stringent policies related to corresponding documents that those who are wanting to participate in the Mother-Child Program must adhere to. Those who are requesting the Mother-Child Program rely on other service providers to submit their paperwork within tight timeframes, in order to be considered. The comic illustration represents the detrimental result of the failure of a social worker not presenting their mandatory documents in the time frame allowed, which denies the applicants submission to the Mother-Child Program. The stringent policies of the Mother-Child Program and its' consequences are outlined throughout the adverse childhood effects that parental incarceration has on a child and the difficulties those incarcerated face in maintaining a strong attachment to their child due to policy barriers. The lack of sense of identity and belonging for this population of children is reflected in the narratives of the comic and growing discrimination for this population of children is evidenced through the analysis that follows the comic illustration.
 The second comic represents a mother and child who are accepted into the Mother-Child Program and the positive effects that the Mother-Child Program has on the bond within mother and child. It is important to note that the Mother-Child Program is a voluntary program for applicants and for some mothers, who meet the criteria, a suitable program. Not all mothers are given this program as an option due to the various natures of criminal charges. The intent of this comic is to represent the difficulties that policy barriers place on those wishing to access a program that they are suitable for and the devastating consequences when an application is denied due to policy implementation. The narratives included in this comic are assumed conversations reflecting the evidence of positive outcomes for those who experienced the Mother-Child program as well as the negative consequences of those who are denied access to the program through literature review. The calls to action and advocacy required for this group of children falling into systemic invisibility due to the inaction of systemic government programs are direct violations of children’s rights. In order for a better world fit for children, action, advocacy and systemic change are required to address the injustices this group of children face.
 Key terms: Children of Incarcerated Parents, Adverse Childhood Experiences, Attachment, Canadian Policy, Child Rights

Study on Regulating Cyberbullying from the Perspective of Criminal Law

As the advance of the times and the popularization of the internet, a large number of netizens have entered cyberspace. Along with this, the phenomenon of cyber bullying has become rampant and a pressing social issue, but the criminal legislation of our country seems to lack sufficient measures to regulate such dangerous behavior. Currently, scholars have two main viewpoints regarding regulating cyber bullying. One revolves around existing legal frameworks or regulations and aims to address cyber bullying through an interpretive approach. Another argues that the existing criminal charges have numerous flaws and fail to adequately meet the regulatory demands, thus advocating for the creation of specific charges. Therefore, it is crucial to study the current situation and deficiencies in Chinas criminal regulation of cyber bullying and explore practical solutions to address these shortcomings.

Reconceptualising Plea Bargain As A Prosecutory Tool In Nigeria

Plea bargaining is relatively a new concept in Nigeria's criminal justice system. This legal strategy is designed for use by prosecutors to negotiate deals with defendants, where the defendant or accused agrees to plead guilty to a lesser charge or one among multiple charges in return for substantial concessions from the prosecution—usually a lighter sentence or even a case dismissal. However, the trend has since changed and its been put to much more pervasive use. The present use, notwithstanding, one may argue that the Economic and Financial Crimes Commission (EFCC) and other Nigerian law enforcement agencies tend to be overzealous in their conduct of plea bargains concerning suspects arrested and items seized, recovered or placed under custody. The doctrinal research method is adopted analysing the pertinent laws. The paper posits that there are some disadvantages that can be deduced from the practice of plea bargain in Nigeria. The paper further lends a voice for the establishment of guidelines and procedures detailed steps, proper procedures or legal framework should be created to guide the sale of properties recovered or seized during plea bargain. This paper advocates for the extension of plea bargaining to all types of criminal charges to enhance the efficiency and fairness of Nigeria's criminal justice system.

The protective nature of the institution of suspending a policeman in official duties

The aim of the work is to verify the hypothesis that the institution of suspending a police officer from official duties is a very important element of administrative and legal protection of all Police officers in Poland. The service relationship under which a Police officer performs activities entrusted to him by the state is an administrative legal relationship. Performing official duties resulting from the content of the administrative and legal relationship between a police officer and the state is the duty of every officer. However, the Police Act provides for the institution of suspending a policeman from official duties, which makes it possible to prohibit a policeman from performing official duties for a specified period of time. The paper discusses two types of suspension in official duties, i.e. obligatory and optional suspension. Attention was also paid to the effects of suspension in official duties on the policeman's service relationship. The dual nature of the institution in question was emphasized. This institution serves to quickly deprive a policeman of the opportunity to perform his official duties until the criminal or disciplinary charges against him are clarified. First of all, however, it has a protective nature for the officer, as it allows him to remain in service despite such allegations being made against him