Separate Offenses Research Articles

LOOKS of PROFESSOR V.H.DEMCHENKO (1831-1914) IN RELATION TO SHOWS OF WITNESSES AS PROOF IN RULE-MAKING IN TIME OF KYIV RUS

Historyof Law Kyiv Rus, without regard to the more than 200-years-old period of her research, continues to remain in the field of attention of scientists, and, also, politicians. One of important questions of History of Law these period is a question about rule-making and role in him shows of witnesses. This problem was studied thoroughly enough as early as ХІХ of century and one of active acting persons of discussion round this theme there was a historian of law, native of Ukraine, professor of the Kyiv university Vasyl Hryhorovych Demchenko. In the master's degree dissertation "Historical research is about the shows of witnesses as proof in matters of judicial, accoding the Russian law before Peter the Great" (in 1859), V.H. Demchenko considered becoming of such important institute of judicial law as institute of certificate in detail. A scientist marks the value of judicial proofs in general genesis of law, he underlines that before an arbitrariness was the only means of guard of rights, but development of society resulted in a volume, that next to this means already the guard of rights for cramps began to be used. He considered that the judicial aspects related to the shows of witnesses are system enough set forth in Russian True. A researcher paid attention to that Russian True talks about witnesses in most cases in connection with those the offences that must be by them validified, in accordance with every case, where this proof is required. Therefore resolutions about them matter general not rules that spread to all possible cases of their use, but touch only private, that have force only for those cases for that they are straight set. General rules some resolutions that is unconnected with determinations about separate offences matter only. A scientist underlined that the judicial role of witnesses accoding Russian True did not have been limited to only the value of them, as judicial proof. On occasion they got the certain participating in realization of process. It touched those judicial events application of that got to parties without every participation of some government bodies ( for example,zvid). In the research of V.H. Demchenko analysed a question about the capacity of witnesses for a certificate, specified also on space of application of proofs with participation of witnesses after Russian True, order of finishing telling with participation of witnesses, force of shows of witnesses. Thus, V.H. Demchenko no doubt, was one of the most skilled specialists on history law that investigated time of Kyiv Rus.

Dog fighting: a role for veterinary professionals in tackling a harmful and illegal practice

One oft-cited definition of dog fighting is that given by Evans and others: ‘the act of baiting two dogs against one another for entertainment or gain. It involves placing two...

Motive, Action, and Confusions in the Debate over Hate Crime Legislation

In this article I argue that the objections against hate crimes defined as separate offenses and in terms of group animus are misguided and are based upon a mistaken view of human action that does not see motives as constituent parts of complex actions. If we are going to have hate crimes legislation, there are no good formal reasons keeping us from having distinct offenses for hate crimes or from having ones defined in terms of group animus. My goal is to clear up a number of action-theoretical confusions that have led some theorists and jurists to raise objections that draw attention away from the real crux of the debate over hate crime legislation. Initially, I defend several considerations that weigh against an understanding of hate crimes legislation as being concerned exclusively or even primarily with character, belief, or motive. These considerations in turn help undercut the related concern that hate crime legislation violates free speech protections.

THE VIEW TO COLLISION OF NORMS OF THE CRIMINAL LAW

Topicality and issue of a subject-matter Collision of norms in criminal law is incompleteness of legal provisions concerning collision of norms in Criminal law, despite the fact that such legal provisions have been developed in legal doctrine and recognized in case law. Goal of an article is to summarize and show these legal provisions in order to help readers and law enforcers to discern between multiplicity and aggregation of criminal offences, and collision of norms of the Criminal law.In essence – collision of norms of Special part of Criminal law differs from multiplicity (especially a conceptual aggregation) of criminal offences with a count of criminal offences and bodies of the crime (corpus delicti) corresponding to such offences. In a case of multiplicity two or more separate (unitary) criminal offences correspond to two or more bodies of the crime (corpus delicti) which are set out in Criminal law. Collision of norms of Special part of Criminal law occurs where two or more bodies of the crime (corpus delicti) corresponds to one, separate (unitary) criminal offence.In collision between general and special norm of a Special part of Criminal law, special norm (provision) must be applied.In collision between partial (narrower) and complete (broader) norm of Special part of Criminal law, broader norm (provision) must be applied. If such partial (narrower) norm sets out more severe punishment than a complete (broader) norm, both norms must be applied in accordance with rules of conceptual aggregation.In collision between aggravating and mitigating norms (provisions) mitigating norm must be applied, that is – a norm with a lesser punishment.In collision between mitigating norms (provisions), more mitigating norm must be applied.In collision between aggravating norms, more aggravating norm must be applied, that is – a norm wish sets out more severe punishment.Collision of norms (provisions) in administrative violations law is also decided in accordance the same rules of legal norm collision resolution, despite the fact that Latvian Administrative violations code does not contain relevant legal provisions.

HATE CRIMES DI INDONESIA DALAM PERSPEKTIF PERBANDINGAN HUKUM

<p><em>This article discusses the deficiency of the Indonesian criminal law with regard to the criminalization of hate crimes. Taking into consideration the fact that Indonesia faces a high incidence of social conflict due to rising intolerance and discrimination targeting minority groups. The combination of (racial-ethnic-religious) discrimination and hatred against minority groups in most cases results in various forms of common crimes which generally is known as hate crimes. Using a comparative law method, by and between Indonesian criminal law and the criminal law of other countries experiencing hate crimes, the author highlights options for eradicating hate crimes. One important finding is the tendency of a number of countries to perceive hatred or prejudice which motivate the perpetrator of hate crimes as aggravating factor and not to as as separate substantive offence. </em></p>

Evaluating evidence in linked crimes with multiple offenders

In de Zoete et al. (2015) a framework for the evaluation of evidence when an individual is a suspect of two separate offenses (based on Evett et al., 2006) is implemented using a Bayesian network. Here, we extend this to situations with multiple offenders. When we have multiple offenders, new questions arise: (1) Can we distinguish between the offenders, even if we do not know their identity? (2) Do we know that certain pieces of evidence originate from the same person? (3) Do we know the number of offenders? With the aid of a mock case example, we show that such subtle differences between situations can lead to substantially different conclusions in terms of posterior probabilities of a certain suspect being one of the offenders in a particular crime.We reach our conclusions by constructing appropriate Bayesian networks for each situation. Although we find it undesirable that Bayesian networks are demonstrated in court, they can be very helpful in guiding expert and legal reasoning, identifying pitfalls and assist in preventing them. Bayesian networks can be used as a tool to understand how the different pieces of evidence influence each others evidential value, and the probabilities of the hypotheses of interest.

When Compassion is Making It Worse: Social Dynamics of Tabooing Victims of Child Sexual Abuse

The paper explores the social dynamics of tabooing, using sexual abuse of children as an example. Some social categories are problematic to embrace, because they entail socially problematic category bound activities in an emotional context of guilt and shame. This theoretical paper shows how a victim of sexual abuse as a child may suffer from two separate offenses, a sexual and a social; one caused by actions of the offender, one caused by actions of intended helpers. By ascribing an identity of ‘incest victim’ or ‘victim of child sexual abuse’ to a person, the taboo act becomes linked to the person. This may be an inescapable ascribed identity for the person, leading her/him to be subject of both sexual and social offenses. As a consequence, potential ‘victims’ may have troubled affiliation with such identity casting, and may fight a future tabooed role by not reporting tabooed abusive actions, hence not receiving the help needed to recover.

The conduct requirement in the law of attempt

The law of attempt draws a line between non-criminal preparatory conduct and conduct that is sufficiently close to the substantive offence to attract criminal liability. To assist with the line-drawing exercise, the New Zealand Crimes Act 1961 specifies a test of ‘immediate or proximate connection’ with the intended offence. The New Zealand Court of Appeal has recently applied a very flexible interpretation to the statutory test, with the result that the line for criminal liability is now pushed back further than in earlier judicial interpretations of the provision. This article examines whether the Court of Appeal’s approach is an appropriate method of assessing liability for attempt. With reference to proposals made by the Law Commission (UK), the article concludes by suggesting that instead of overly extending the margins of attempt, a separate offence of doing acts ‘preparatory to’ an attempt may, in some situations, be a more accurate way of labelling and penalising an actor’s misconduct.

Coercion and Deception in Sexual Relations

In most Common-Law jurisdictions, deceptive sexual relations are criminalized with the same offence that is used to criminalize coercive sexual relations. This trend is strongly supported by feminist scholars like Susan Estrich, who regard deceptive sexual relations as being as wrongful as coercive. Others conflate coercion and deception, going as far to consider deception to be a form of coercion. Against this trend, the present paper argues firstly that deceptive sexual relations are analytically distinct from both coercive and consensual: secondly that, to the extent that cases of deception should be criminalized, this should be done by using an offence distinct from, and less grave than, the offence applicable to coercive sexual relations. To support the latter conclusion this paper suggests a novel argument for why coercive sexual relations are more wrongful than deceptive. The coercer's conduct is more wrongful because it involves typical wrongmaking features that deception lacks: the coercer cruelly proceeds with the coercion while faced with the victim’s suffering and they dismissively disregard negative reactive attitudes such as resentment and anger that the victim forms and expresses toward them. It is then argued that this difference in wrongfulness serves as a reason for criminalizing coercion and deception in separate offences, the former graver than the latter.

THE CONCEPT OF INFORMATION TECHNOLOGY IN TURKISH LEGISLATION WITHIN THE CONTEXT OF Abstract TURKEY'S ACCESSION TO THE EU

The introduction o f information technologies into society has played a part in the world becoming smaller and smaller. As a result of the rapid development, diffusion and use of information technologies, a number of issues and new kind of offences have arisen in practise. In addition to these issues and offences, new concepts such as the information society, cyberspace and information offences have emerged. International co- operation is being conducted between states in combating these new types ofoffences. Member states ofthe Council ofEurope signed a Convention on Cybercrimes in Budapest on 23 Nov. 2001. The convention on Cybercrimes is very important, since it is the first convention providing for international co-operation. In Turkey, on 14 June 1991, "Chapter 11" entitled "Crimes in the Information Area" was added following after Article 525 in the Turkish Penal Code and, thus, crimes committed in the information area have been arranged as independent and separate offences. In this study, examples of cybercrime, which are increasingly dependently on the rapid diffosion of information technologies in Turkey, have been examined in accordance with the Turkish Penal Code and it has been suggested that e- laws appropriate to information technologies must be made in the process ofaccession to the EU.

Beyond drug dealing: Developing and extending the concept of ‘social supply’ of illicit drugs to ‘minimally commercial supply’

A concept of ‘social supply’ has emerged in the UK that describes drug transactions that are almost exclusively to friends and acquaintances and that are non-commercially motivated. Social suppliers are increasingly understood not to be drug dealers ‘proper’ and many argue that the criminal justice system should consider and process them differently to commercially motivated suppliers. Recent (2012) changes to sentencing guidelines in England and Wales that have attempted to accommodate this will continue to struggle to deal with social supply however due to a continued reliance on how culpability is defined. This article explores the rationale for understanding social supply activities as a specific form of supply and a new (lesser) separate offence and also outlines a rationale for extending the concept to one of ‘minimally commercial supply’ something that explicitly accommodates the real-life circumstance of most supply transactions and is also inclusive of addicted user-dealers of heroin/other substances whom might reasonably be seen as closer to social suppliers than to drug dealers proper.

The Characteristics of Psychiatrists Disciplined by Professional Colleges in Canada

BackgroundThe identification of health care professionals who are incompetent, impaired, exploitative or have criminal intent is important for public safety. It is unclear whether psychiatrists are more likely to commit medical misconduct offences than non-psychiatrists, and if the nature of these offences is different.AimThe aim of this study was to compare the characteristics of psychiatrists disciplined in Canada and the nature of their offences and disciplinary sentences for the ten years from 2000 through 2009 to other physicians disciplined during that timeframe.MethodsUtilizing a retrospective cohort design, we constructed a database of all physicians disciplined by provincial licensing authorities in Canada for the ten years from 2000 through 2009. Demographic variables and information on type of misconduct violation and penalty imposed were also collected for each physician disciplined. We compared psychiatrists to non-psychiatrists for the various outcomes.ResultsThere were 82 (14%) psychiatrists of 606 physicians disciplined in Canada in the ten years from 2000 through 2009, double the national proportion of psychiatrists. Of those disciplined psychiatrists, 8 (9.6%) were women compared to 29% in the national cohort. A total of 5 (6%) psychiatrists committed at least two separate offenses, accounting for approximately 11% of the total violations. A higher proportion of psychiatrists were disciplined for sexual misconduct (OR 3.62 [95% Confidence Interval [CI] 2.45–5.34]), fraudulent behavior (OR 2.32 [95% CI 1.20–4.40]) and unprofessional conduct (OR 3.1 [95% CI 1.95–4.95]). As a result, psychiatrists had between 1.85–4.35 greater risk of having disciplinary penalties in almost all categories in comparison to other physicians.ConclusionPsychiatrists differ from non-psychiatrist physicians in the prevalence and nature of medical misconduct. Efforts to decrease medical misconduct by psychiatrists need to be conducted and systematically evaluated.

What is Forced Marriage: Towards a Definition of Forced Marriage as a Crime Against Humanity

The Special Court for Sierra Leone's Trial and Appeals Chambers handed down judgments considering, for the first time, marriage as a crime against humanity. (1) This Article critiques those decisions against the Appeals Chamber's stated aim of enriching the jurisprudence of international criminal (2) This Article argues that there is a need to recognize a crime of marriage, but in order to enrich current jurisprudence, it should be limited to only the conferral of the status of marriage and the ongoing effects of that status on the victim. Other crimes that occur within the should not be collapsed into the prosecution of marriage; they are separate offenses that need separate recognition. Two contrasting examples of marriage are compared: so-called forced marriages in a number of African conflicts involving the abduction of women and girls by rebels and marriage between 1975 and 1979 in Khmer Rouge-ruled Cambodia. The African examples are drawn from published research, while a portrait of marriage in Cambodia is sketched through stories gathered in field research conducted in Cambodia in 2006, along with some published material. This Article argues that there is a lacuna in the law that requires the recognition of marriage as a crime. The Extraordinary Chambers in the Courts of Cambodia ECCC), established to try Khmer Rouge crimes, has the opportunity to address this crime and to create a record of the fact that were traumatic events that deeply affected thousands of Cambodian lives. (3) INTRODUCTION My husband was a French soldier. They hanged my husband. Five months later they told I had to marry but I refused. They took to the forest and raped me. After they raped I said to them, kill me ... I said, six of my have already died so please dig a hole and bury together with my four remaining children but I won't agree to marry ... Now I am almost mad. (4) In 2005, the Special Court for Sierra Leone (SC-SL) (5) broke new ground when it recognized that marriage could constitute an inhumane act and allowed the Prosecutor to amend the indictment for three accused to include the charge of marriage as a crime against humanity. (6) At trial, however, the majority dismissed the charge for redundancy, holding that the prosecutor's evidence indicated that the crime of marriage was completely subsumed by the crime of sexual slavery. (7) In 2008 the Appeals Chamber reversed that finding and convicted the three accused of marriage for a distinct inhumane act that constituted a crime against humanity. (8) Forced marriage is not unique to Sierra Leone. Stories have emerged from other conflicts in Africa, including Rwanda, Mozambique, and Uganda, in which women were taken as or bush wives by the armed forces. (9) A contrast to these examples is the policy of marriage introduced by the Khmer Rouge, (10) which ruled Cambodia between 1975 and 1979. While stories of labor, starvation, executions, and the killing fields have been etched into the international community's imagination, the story of gender violence has remained largely untold. (11) The prosecutions currently being undertaken in the ECCC, established to prosecute Khmer Rouge crimes, (12) present an opportunity for recognizing and addressing gender violence. The study on which this Article is partly based was funded with the hope that evidence of gender violence could be brought before the ECCC, which began operating in Phnom Penh in 2006. Bringing gender crimes before the ECCC would contribute to the international feminist project of increasing recognition of gender crimes in international law. (13) This hope was tempered by the belief that people in Cambodia would be unwilling to talk about these crimes, particularly rape. The study involved in-depth interviews with over one hundred victims or eyewitnesses of sexual violence in Democratic Kampuchea who were identified through a survey of more than 1,500 Cambodians (the Study). …

Drug activities on premises ‐ legal duties

Ironically, one of the biggest legal hazards under misuse of drugs legislation is one of the least well‐known. Offences such as unlawful production and supply of drugs are well‐established in the public domain, but the occurrence of these crimes, among others, can constitute a separate offence when committed in premises. The specific offence in question is section 8 of the Misuse of Drugs Act 1971, which is designed to compel persons who are the occupiers of premises, or otherwise concerned in their management, to self‐police such places against certain drug activities. This article will examine the main provisions of section 8 and then argue that it is in need of reform in order to bring it more effectively into the 21st century.

Command Responsibility: Mode of Liability for the Crimes of Subordinates or Separate Offence of the Superior?

The nature of command responsibility is still open to debate in international criminal law: is a superior to be held criminally responsible for the crimes committed by his subordinates as an accomplice , for having participated in the commission of the crime by omission, or as a perpetrator of a separate offence of dereliction of duty? This article surveys the post-WW2 case law and the first international instruments on this point, and then analyses the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY). The judges appear to have recently adopted a new approach to Article 7(3) ICTYSt. in that the superior is held responsible for failure to prevent or punish with regard to the crimes of the subordinate and no longer for the crimes of his subordinates . It is a responsibility sui generis indeed, where the crime of the subordinate plays a central role in the attribution of responsibility to the superior. It is, therefore, necessary to carefully consider the relationship between the superior's failure to act and the subordinate's crime, both with regard to objective and subjective elements. The same question finally arises in relation to Article 28 of the Rome Statute, the literal interpretation of which implies that a superior shall be punished for the same crime committed by his subordinates. In order to avoid the risk of holding a person guilty of an offence committed by others in violation of the principle of personal and culpable criminal responsibility, it is crucial to consider separately the different cases of command responsibility, which are based on distinct objective and subjective requirements.

Police Officers' and Legal Professionals' Perceptions Regarding How Children Are, and Should Be, Questioned About Repeated Abuse

This study explored the perceptions of police officers and legal professionals (i.e., prosecutors, defence lawyers and a judge) about (a) what particularisation is, (b) the type of information that is required for particularisation to occur, and (c) how particularisation is best achieved in cases of repeated child abuse. The professionals' perceptions (all experts in this area) were elicited via individual in-depth semi-structured interviews. While all participants acknowledged the importance of particularisation, the views of the police officers varied in several important ways to those of the other professionals. Overall, the police officers perceived that highly specific details (such as the location, date and time of the offence) are essential for particularisation to occur, and that maximising the number of separate offences and specific details about each offence increases the chance of successful prosecution. In contrast, the legal professionals perceived that the primacy goal of the police officers should be to elicit a free-narrative account of one or more offences. A high proportion of specific questions was perceived to negatively impact on the child's credibility by contaminating the evidence. The implications of these findings are discussed.

Logical evaluation of evidence when a person is suspected of committing two separate offences

We consider the problem of drawing inferences within a legal framework when a person is a suspect for two separate offences. Although we are primarily concerned with scientific evidence the issue inevitably arises as to how that evidence interacts with other, non-scientific evidence. We show that, in this particular context, the evidence can be conveniently classified into three categories that concern, respectively: the first crime only; the second crime only; and evidence that relates to similarities between the two crimes. Two case examples are considered and we consider DNA, fibres and eyewitness evidence. These are viewed from the perspective of a prosecutor who has to decide whether or not to charge a suspect with one or both crimes. Graphical sensivity analyses are presented which have features that are not intuitively obvious.

Responding to people with a learning disability who offend.

This article reports on a small survey conducted in one NHS trust to establish the number of people with a learning disability known by staff to have committed, or be alleged to have committed, an offence. A sample of 35 members of staff who were likely to be in contact with this client group were sent questionnaires. Thirty responses were received, giving a response rate of 86 per cent. A total of four nurses and two clinical psychologists were in contact with 31 individuals known or alleged to have committed an offence. These offences were mainly sexual and some were violent. Several individuals had committed a number of separate offences. Respondents felt that the needs of these individuals were not adequately met by current service provision. A planned inter-agency response is required to deal with people with learning disabilities who carry out criminal offences, rather than the current system which is vague in terms of allocating responsibility for action. The nurse's role in providing sexual health education for those with learning disabilities also needs to be considered in the light of the survey results.

Proportionality, Sentencing and the Multiple Offender

This article develops a numerical framework governing the application of the principle of proportionality to the sentencing of cases comprising multiple separate offences each warranting imprisonment. The solution offered is based on an understanding, formulated by two English lawyers, that in the cumulation of sentence proportionality should be maintained between the seriousness of classes of offence: for example, no number of trivial offences warrant a sentence appropriate to a single moderately serious offence; to achieve this, cumulation of sentence across offences is in effect by decreasing gains. To operationalize this notion, pairs of offences were selected, and seriousness levels were quantified, using official statistics. The result was statements of proportionality: for example, for a case comprising secondary offences each warranting 1.2 years and together totalling 100 years, not more than 2.7 years should be added on to the sentence for the principal offence. From this a curve was calibrated as a representation of the cumulation of sentence. This framework offers a better understanding of the principle of proportionality in regard to the multiple offender, and has implications for guidance. Moreover, it provides a numerical standard against which to investigate whether judicial practice satisfies the principle of proportionality in this type of case.

PUBLIC PERCEPTIONS OF HOMICIDE AND CRIMINAL JUSTICE

This article offers an account of a recent quantitative survey1 of public opinion on homicide and the criminal justice system. The survey set out to test the assumptions made in substantive criminal law that the public recognize variation in moral culpability between homicides and that these variations should be reflected in separate offences carrying separate sentencing provisions. If this fundamental assumption is well founded, the survey further sought to determine what factors appear to influence the public's assessment of gravity in homicides, how the law should categorize homicides, and what justifications and excuses should be recognized. Finally, it set out to test public opinion as to the appropriate penalties for the most serious homicides.