Pub Date : 2018-11-28DOI: 10.15406/frcij.2018.06.00242
Emah Saviour Peter
Interdisciplinary research and practice has now become an imperative and challenging approach of advancing knowledge and innovations. This technique involves a fusion of two or more academic and professional disciplines and synthesizing them with the aim of enriching overall research and development outcome, as well as overcoming the deficit of traditional mono-disciplinary pedagogy. Interdisciplinary activities therefore encourage scholars and practitioners to think across traditional boundaries imposed by their disciplines’ methodology and perspectives in order to achieve innovations for solving societal problems. As the fields of sociology and history, more narrowly, sociological criminology and penology history, developed into professionalized disciplines in the past decades; there have been calls for interdisciplinary alignment between members of and spotlights of the two disciplines. Such calls, termed by Paul Lawrence as ‘manifestos of collaboration’1 have been heard from authors like Davies and Pearson (1999); Emsley and Robert (1990); Lévy and Robert (1984), among others. In recent times, a number of writers have reflected on the gains that historians and criminologists stand to derive from each other’s research data and findings, while the initial disciplinary apathy which accentuated divergence between the two disciplines have now eroded. There has also been a rise in the level of inter-domain penetration. While more criminologists have now recognized the need to interrogate the past in their explanation of current crime trend and criminal justice systems, penology historians have also come to appreciate the imperative of leaning on current criminological findings in their normative attempt to link the past with the future.
{"title":"Historical criminology: the interdisciplinary divergence and convergence","authors":"Emah Saviour Peter","doi":"10.15406/frcij.2018.06.00242","DOIUrl":"https://doi.org/10.15406/frcij.2018.06.00242","url":null,"abstract":"Interdisciplinary research and practice has now become an imperative and challenging approach of advancing knowledge and innovations. This technique involves a fusion of two or more academic and professional disciplines and synthesizing them with the aim of enriching overall research and development outcome, as well as overcoming the deficit of traditional mono-disciplinary pedagogy. Interdisciplinary activities therefore encourage scholars and practitioners to think across traditional boundaries imposed by their disciplines’ methodology and perspectives in order to achieve innovations for solving societal problems. As the fields of sociology and history, more narrowly, sociological criminology and penology history, developed into professionalized disciplines in the past decades; there have been calls for interdisciplinary alignment between members of and spotlights of the two disciplines. Such calls, termed by Paul Lawrence as ‘manifestos of collaboration’1 have been heard from authors like Davies and Pearson (1999); Emsley and Robert (1990); Lévy and Robert (1984), among others. In recent times, a number of writers have reflected on the gains that historians and criminologists stand to derive from each other’s research data and findings, while the initial disciplinary apathy which accentuated divergence between the two disciplines have now eroded. There has also been a rise in the level of inter-domain penetration. While more criminologists have now recognized the need to interrogate the past in their explanation of current crime trend and criminal justice systems, penology historians have also come to appreciate the imperative of leaning on current criminological findings in their normative attempt to link the past with the future.","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125271985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-27DOI: 10.15406/frcij.2018.06.00239
Lynda Lynda López Benavides
The euthanasia is a controversial topic when we talk about moral ethics, political and judicial character, which it has inspired States as the Colombian to legalizing the practice of taking the life from a subject when he suffers a terminal illness. In Colombia it is legalized from 1997, but at present it does not have a norm that regulates it, the Congress of the Republic has not declared itself opposite to the topic for the strong influence of the Catholic Church in laws that can question religious principles. This medical practice allows that the terminal patients who do not want to continue suffering for pathology without treatment and tortuous days can die with dignity. With this postulate euthanasia was decriminalized and until 2014 the issue was again taken up, laying down rules that should precede it, which reflects that it could not be materialized as it was sought at the time, the Constitutional Court had to intervene through action of guardianship2 to urge the Ministry of Health to proceed to direct the health providers about euthanasia. Therefore, the present study will show the countries that have regulated euthanasia and other similar practices for the same purpose, at the same time will set the elements that are required to practice it not only in Colombia but in the countries that currently apply it, Likewise, the judicial progress that Colombia has had in this regard will be reviewed, which was extended to minors. The previous thing was achieved with the meticulous reading of the sentences that will be cited in the course of the presented work, of the doctrine referring to the subject, of the news review, news releases, and videos among other things.
{"title":"The right to die with dignity in Colombia","authors":"Lynda Lynda López Benavides","doi":"10.15406/frcij.2018.06.00239","DOIUrl":"https://doi.org/10.15406/frcij.2018.06.00239","url":null,"abstract":"The euthanasia is a controversial topic when we talk about moral ethics, political and judicial character, which it has inspired States as the Colombian to legalizing the practice of taking the life from a subject when he suffers a terminal illness. In Colombia it is legalized from 1997, but at present it does not have a norm that regulates it, the Congress of the Republic has not declared itself opposite to the topic for the strong influence of the Catholic Church in laws that can question religious principles. This medical practice allows that the terminal patients who do not want to continue suffering for pathology without treatment and tortuous days can die with dignity. With this postulate euthanasia was decriminalized and until 2014 the issue was again taken up, laying down rules that should precede it, which reflects that it could not be materialized as it was sought at the time, the Constitutional Court had to intervene through action of guardianship2 to urge the Ministry of Health to proceed to direct the health providers about euthanasia. Therefore, the present study will show the countries that have regulated euthanasia and other similar practices for the same purpose, at the same time will set the elements that are required to practice it not only in Colombia but in the countries that currently apply it, Likewise, the judicial progress that Colombia has had in this regard will be reviewed, which was extended to minors. The previous thing was achieved with the meticulous reading of the sentences that will be cited in the course of the presented work, of the doctrine referring to the subject, of the news review, news releases, and videos among other things.","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132623845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-27DOI: 10.15406/frcij.2018.06.00240
Jamal Beigi
Intellectual property rights are absolute and exclusive right of exploitation to one of their intellectual creations in the field of industrial, scientific, literary and artistic material and spiritual values. The two branches of literary and artistic property rights, intellectual property rights and industrial and commercial property rights are classified. Industrial and commercial property rights in the field of intellectual property rights assumes that it is the dominant commercial and industrial and information that don’t disclose trade secrets or industrial property rights is one of the most important examples in various international instruments, including TRIPS.1 A trade secret is any formula, pattern, device information collected is used in trade and the significant economic value is almost independent and to gain an advantage among competitors who are not aware of it and it is not exploited. One of the most famous trade secret is making formula for Coca-Cola.2 The company agreed in 1920 with the support of trade secrets; drink recipes from the achieving the company to formula in 1892 was continuously maintained as a secret and this situation is continuing to this day. Aims of the rights of trade secrets is to protect owner’s secret against Intellectual property rights are absolute and exclusive right of exploitation to one of their intellectual creations in the field of industrial, scientific, literary and artistic material and spiritual values. The two branches of literary and artistic property rights, intellectual property rights and industrial and commercial property rights are classified3 Industrial and commercial property rights in the field of intellectual property rights assumes that it is the dominant commercial and industrial and information that don’t disclose trade secrets or industrial property rights is one of the most important examples in various international instruments, including TRIPS.4 A trade secret is any formula, pattern, device information collected is used in trade and the significant economic value is almost independent and to gain an advantage among competitors who are not aware of it and it is not exploited. One of the most famous trade secret is making formula for Coca-Cola. The company agreed in 1920 with the support of trade secrets; drink recipes from the achieving the company to formula in 1892 was continuously maintained as a secret and this situation is continuing to this day.5 Aims of the rights of trade secrets is to protect owner’s secret against possess or illegal use. Trade secrets to support the development of new ideas is essential importance that, of course, easy access, ease of abuses and full benefits from it, among other features that this type of intellectual property is more susceptible to misuse spiritual and material placed so it requires effective suppuration. Ensure effective implementation of the rights of trade secrets and avoid infringing on the rights they are entitled to support.6
{"title":"Overview on trade secrets in iran law and international documents with approach criminal protection","authors":"Jamal Beigi","doi":"10.15406/frcij.2018.06.00240","DOIUrl":"https://doi.org/10.15406/frcij.2018.06.00240","url":null,"abstract":"Intellectual property rights are absolute and exclusive right of exploitation to one of their intellectual creations in the field of industrial, scientific, literary and artistic material and spiritual values. The two branches of literary and artistic property rights, intellectual property rights and industrial and commercial property rights are classified. Industrial and commercial property rights in the field of intellectual property rights assumes that it is the dominant commercial and industrial and information that don’t disclose trade secrets or industrial property rights is one of the most important examples in various international instruments, including TRIPS.1 A trade secret is any formula, pattern, device information collected is used in trade and the significant economic value is almost independent and to gain an advantage among competitors who are not aware of it and it is not exploited. One of the most famous trade secret is making formula for Coca-Cola.2 The company agreed in 1920 with the support of trade secrets; drink recipes from the achieving the company to formula in 1892 was continuously maintained as a secret and this situation is continuing to this day. Aims of the rights of trade secrets is to protect owner’s secret against Intellectual property rights are absolute and exclusive right of exploitation to one of their intellectual creations in the field of industrial, scientific, literary and artistic material and spiritual values. The two branches of literary and artistic property rights, intellectual property rights and industrial and commercial property rights are classified3 Industrial and commercial property rights in the field of intellectual property rights assumes that it is the dominant commercial and industrial and information that don’t disclose trade secrets or industrial property rights is one of the most important examples in various international instruments, including TRIPS.4 A trade secret is any formula, pattern, device information collected is used in trade and the significant economic value is almost independent and to gain an advantage among competitors who are not aware of it and it is not exploited. One of the most famous trade secret is making formula for Coca-Cola. The company agreed in 1920 with the support of trade secrets; drink recipes from the achieving the company to formula in 1892 was continuously maintained as a secret and this situation is continuing to this day.5 Aims of the rights of trade secrets is to protect owner’s secret against possess or illegal use. Trade secrets to support the development of new ideas is essential importance that, of course, easy access, ease of abuses and full benefits from it, among other features that this type of intellectual property is more susceptible to misuse spiritual and material placed so it requires effective suppuration. Ensure effective implementation of the rights of trade secrets and avoid infringing on the rights they are entitled to support.6 ","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114852858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-26DOI: 10.15406/frcij.2018.06.00238
Jiang Na, Han Rong
{"title":"Newly revealed wrongful convictions in china","authors":"Jiang Na, Han Rong","doi":"10.15406/frcij.2018.06.00238","DOIUrl":"https://doi.org/10.15406/frcij.2018.06.00238","url":null,"abstract":"","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116585784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-23DOI: 10.15406/frcij.2018.06.00237
S. Johnson
gun in the line of duty is quite rare.1‒4 Miller3 estimates that police use of force against citizens occurs in less than 1.5% of police contacts and that deadly force is used in approximately 360 cases per year compared to 60,000 reported cases of assault against police officers each year.5 Estimates of the use of force in general by police range from 0.1% to 31.8%.6 The problem here is that force is loosely defined by researchers and the public and varies depending on the article read. In addition, the percentage of police shootings compared to all police contacts is a rare but emotionally powerful event. As one example, in an interview with the Washington Post, First Assistant Chief Michel Moore of the LAPD commented that their officers are involved in approximately 1.5 million volatile encounters per year, yet their department had only 15 police shootings resulting in suspect fatalities in 2017.7 Police use of force and use of deadly force is a rare event given the vast numbers of police interactions per year. In approximately 90% of cases of police shooting fatalities the suspect had a weapon.8 When people hear of a shooting, it is easy to fear that police shootings are a common occurrence and that the police shootings are occurring all of the time when in fact if people slow down and examine the overall statistics, they would realize that police shootings are uncommon in the daily activity of law enforcement.9 Despite those handful of cases, less than approximately 1-3% of police shootings are deemed unjustified when all the facts and the full context of the circumstance (context) was examined. Politics also slant the issue by highlighting a police shooting that was justified but portraying the officer’s actions as being unjustified, and this is based on a few facts or opinions prior to any full investigation. Approximately 1% of police shootings appear unjustified. The problem with the statistics of course is how the data is gathered and the definitions used about appropriate degrees of force. I understand that even one unjustified use of lethal force by police is unacceptable, yet given the overall number of police shootings, the percent of unjustified shootings is extremely low. As an example, Minneapolis Police officers recently (2018) shot and killed a Black male and the community threatened to and then rioted because they wanted the police officers arrested and charged with murder. This, despite the facts that: I. The officers were responding to a call of a man brandishing and at least twice firing a gun;
{"title":"Police shootings: how statistics can be dangerously misleading when excluding context factors","authors":"S. Johnson","doi":"10.15406/frcij.2018.06.00237","DOIUrl":"https://doi.org/10.15406/frcij.2018.06.00237","url":null,"abstract":"gun in the line of duty is quite rare.1‒4 Miller3 estimates that police use of force against citizens occurs in less than 1.5% of police contacts and that deadly force is used in approximately 360 cases per year compared to 60,000 reported cases of assault against police officers each year.5 Estimates of the use of force in general by police range from 0.1% to 31.8%.6 The problem here is that force is loosely defined by researchers and the public and varies depending on the article read. In addition, the percentage of police shootings compared to all police contacts is a rare but emotionally powerful event. As one example, in an interview with the Washington Post, First Assistant Chief Michel Moore of the LAPD commented that their officers are involved in approximately 1.5 million volatile encounters per year, yet their department had only 15 police shootings resulting in suspect fatalities in 2017.7 Police use of force and use of deadly force is a rare event given the vast numbers of police interactions per year. In approximately 90% of cases of police shooting fatalities the suspect had a weapon.8 When people hear of a shooting, it is easy to fear that police shootings are a common occurrence and that the police shootings are occurring all of the time when in fact if people slow down and examine the overall statistics, they would realize that police shootings are uncommon in the daily activity of law enforcement.9 Despite those handful of cases, less than approximately 1-3% of police shootings are deemed unjustified when all the facts and the full context of the circumstance (context) was examined. Politics also slant the issue by highlighting a police shooting that was justified but portraying the officer’s actions as being unjustified, and this is based on a few facts or opinions prior to any full investigation. Approximately 1% of police shootings appear unjustified. The problem with the statistics of course is how the data is gathered and the definitions used about appropriate degrees of force. I understand that even one unjustified use of lethal force by police is unacceptable, yet given the overall number of police shootings, the percent of unjustified shootings is extremely low. As an example, Minneapolis Police officers recently (2018) shot and killed a Black male and the community threatened to and then rioted because they wanted the police officers arrested and charged with murder. This, despite the facts that: I. The officers were responding to a call of a man brandishing and at least twice firing a gun;","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131876206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-20DOI: 10.15406/frcij.2018.06.00236
S. Johnson
It is sad to see time and time again how information on the seriousness and dangerousness of animal cruelty goes unnoticed or is minimized when intervention and prosecution occurs. Research from the 1980’s to the present has demonstrated that cruelty to animals is a hallmark or signature indicator for future acts of violence, including rape, child molestation, domestic abuse, school shootings, and other forms of violence. If someone can be abusive or cruel to animals, then it makes sense that they could and often do become aggressive and violent towards people. Animal cruelty is defined as the crime involving the infliction of pain, suffering, or death to an animal. Animal neglect can include withholding of food and water and shelter and that as a result the animal has in any way suffered, died, or been placed in imminent danger of death (animal cruelty, n.d.). In short, anything that is done to mistreat an animal. People who engage in animal cruelty are monsters. What does it take to abuse or neglect a living and gentle pet? The answer is simply monstrous and evil intentions.
{"title":"Animal cruelty, pet abuse & violence: the missed dangerous connection","authors":"S. Johnson","doi":"10.15406/frcij.2018.06.00236","DOIUrl":"https://doi.org/10.15406/frcij.2018.06.00236","url":null,"abstract":"It is sad to see time and time again how information on the seriousness and dangerousness of animal cruelty goes unnoticed or is minimized when intervention and prosecution occurs. Research from the 1980’s to the present has demonstrated that cruelty to animals is a hallmark or signature indicator for future acts of violence, including rape, child molestation, domestic abuse, school shootings, and other forms of violence. If someone can be abusive or cruel to animals, then it makes sense that they could and often do become aggressive and violent towards people. Animal cruelty is defined as the crime involving the infliction of pain, suffering, or death to an animal. Animal neglect can include withholding of food and water and shelter and that as a result the animal has in any way suffered, died, or been placed in imminent danger of death (animal cruelty, n.d.). In short, anything that is done to mistreat an animal. People who engage in animal cruelty are monsters. What does it take to abuse or neglect a living and gentle pet? The answer is simply monstrous and evil intentions.","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122082755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-19DOI: 10.15406/frcij.2018.06.00235
C. Rogers
The current structure of 43 police forces in England and Wales reflects in part the historical fear of a national police force. The historical context of this concern can be found in the period before the introduction of the Metropolitan Police Act 1829, with the popular fear that a national police could easily become puppets of the government which could lead to anarchy and direct political control. People pointed to examples of the misuse of the police in European countries, particularly Revolutionary France to support this argument; hence the fragmentation of British police forces, with the accent on so-called ‘local accountability’. However, as Jones2 points out, the general trend in recent times has been one of greater centralised control of local policing, with the Home Office exerting more influence and the establishment of national policing bodies such as the Serious Organised Crime Agency (now the National Crime Agency). Other national bodies include her Majesty’s Inspectorate of Constabulary, the Audit Commission, and the Police Standards Unit amongst others who have been important actors in the national governance of policing in England and Wales.3 Whilst this may have been true of previous Labour governments the change in government from 2010 seems to have invoked a looser central control with the introduction of Police and Crime Commissioners, (PCCs) elected in November 2012 under the auspices of the Police and Social Responsibility Act4 and the end of ring fenced funding for community policing. The introduction of PCCs, with the revived funding arrangements for that post meaning PCCs can decide how to spend their budgets, introduces the possibility for further pluralisation of policing services.
{"title":"Plural policing in england and wales: thoughts and discussion","authors":"C. Rogers","doi":"10.15406/frcij.2018.06.00235","DOIUrl":"https://doi.org/10.15406/frcij.2018.06.00235","url":null,"abstract":"The current structure of 43 police forces in England and Wales reflects in part the historical fear of a national police force. The historical context of this concern can be found in the period before the introduction of the Metropolitan Police Act 1829, with the popular fear that a national police could easily become puppets of the government which could lead to anarchy and direct political control. People pointed to examples of the misuse of the police in European countries, particularly Revolutionary France to support this argument; hence the fragmentation of British police forces, with the accent on so-called ‘local accountability’. However, as Jones2 points out, the general trend in recent times has been one of greater centralised control of local policing, with the Home Office exerting more influence and the establishment of national policing bodies such as the Serious Organised Crime Agency (now the National Crime Agency). Other national bodies include her Majesty’s Inspectorate of Constabulary, the Audit Commission, and the Police Standards Unit amongst others who have been important actors in the national governance of policing in England and Wales.3 Whilst this may have been true of previous Labour governments the change in government from 2010 seems to have invoked a looser central control with the introduction of Police and Crime Commissioners, (PCCs) elected in November 2012 under the auspices of the Police and Social Responsibility Act4 and the end of ring fenced funding for community policing. The introduction of PCCs, with the revived funding arrangements for that post meaning PCCs can decide how to spend their budgets, introduces the possibility for further pluralisation of policing services.","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117097073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-19DOI: 10.15406/FRCIJ.2018.06.00234
Gino Ríos Patio
Crime is -according to precise definition criminology-inter subjective conflict of interest involved in the violence factor that grows exponentially and causing damage to the parties involved and third parties. There are-without a doubt-in this definition, a human component -would best staff-and a social element, which shows the individual and social nature of the crime, under which this conflict phenomenon violent and problematic affects people and society as a whole, so it deserves the attention of every individual, the community and the state. Given the peculiar characteristics of the crime indicated above-to your multicausal and multifactorial nature as well as its ubiquity and its unquenchable nature add-It is not possible to neutralize, control, reduce or less prevent it through the exercise of punitive power, but only through the criminological scientific knowledge, which precisely allows early detection of causes, factors, conditions and criminogenic stimuli, with a view to preventing crime. In that sense, criminology as a holistic social science, studying the causes of crime, analyzes the offender, appreciates the victim and evaluates social control, in order to provide objective and verifiable scientific information to help design policy criminology to advocate effectively achieving the aforementioned preventive purposes and positive intervention actions necessary. The human person-only being with consciousness, will and freedom-It is offending agent par excellence; however, the criminal doctrine-although not peacefullyHe considers that legal person may also commit a criminal offense. It is not the subject of this article, we discuss the reasons for and against the criminal liability of the legal person, just that Act No. 30424-modified Leg. No. 1352-provides that a legal person can have administrative and criminal responsibility for the offenses of bribery active transnational, money laundering, illegal mining, organized crime and collaboration with terrorism and, consequently, deserve severe penalties in these areas, for it is justified-from the standpoint of theoretical and practice-analysis of the new legal requirement that companies have an effective crime prevention program so they can absolve themselves of responsibility. In addition, the social usefulness of the study that this article describes is undeniable, as being a legal obligation very new, it is necessary to disseminate its meaning and scope, in order not only to meet the standard but, above all, to learn about the implementation and characteristics of the compliance program as work product criminologist in the company. Since ancient times; founders, managers and employees of a private partnership or company, have created and/or used the organization of an entity to commit or facilitate crimes. Are asaz known cases of the retinues of Outlaws of the Middle Ages, companies of mercenaries and condottieri of the Renaissance, the secret brotherhoods of the eighteenth century,
{"title":"Criminologist in the company a pilot crime prevention","authors":"Gino Ríos Patio","doi":"10.15406/FRCIJ.2018.06.00234","DOIUrl":"https://doi.org/10.15406/FRCIJ.2018.06.00234","url":null,"abstract":"Crime is -according to precise definition criminology-inter subjective conflict of interest involved in the violence factor that grows exponentially and causing damage to the parties involved and third parties. There are-without a doubt-in this definition, a human component -would best staff-and a social element, which shows the individual and social nature of the crime, under which this conflict phenomenon violent and problematic affects people and society as a whole, so it deserves the attention of every individual, the community and the state. Given the peculiar characteristics of the crime indicated above-to your multicausal and multifactorial nature as well as its ubiquity and its unquenchable nature add-It is not possible to neutralize, control, reduce or less prevent it through the exercise of punitive power, but only through the criminological scientific knowledge, which precisely allows early detection of causes, factors, conditions and criminogenic stimuli, with a view to preventing crime. In that sense, criminology as a holistic social science, studying the causes of crime, analyzes the offender, appreciates the victim and evaluates social control, in order to provide objective and verifiable scientific information to help design policy criminology to advocate effectively achieving the aforementioned preventive purposes and positive intervention actions necessary. The human person-only being with consciousness, will and freedom-It is offending agent par excellence; however, the criminal doctrine-although not peacefullyHe considers that legal person may also commit a criminal offense. It is not the subject of this article, we discuss the reasons for and against the criminal liability of the legal person, just that Act No. 30424-modified Leg. No. 1352-provides that a legal person can have administrative and criminal responsibility for the offenses of bribery active transnational, money laundering, illegal mining, organized crime and collaboration with terrorism and, consequently, deserve severe penalties in these areas, for it is justified-from the standpoint of theoretical and practice-analysis of the new legal requirement that companies have an effective crime prevention program so they can absolve themselves of responsibility. In addition, the social usefulness of the study that this article describes is undeniable, as being a legal obligation very new, it is necessary to disseminate its meaning and scope, in order not only to meet the standard but, above all, to learn about the implementation and characteristics of the compliance program as work product criminologist in the company. Since ancient times; founders, managers and employees of a private partnership or company, have created and/or used the organization of an entity to commit or facilitate crimes. Are asaz known cases of the retinues of Outlaws of the Middle Ages, companies of mercenaries and condottieri of the Renaissance, the secret brotherhoods of the eighteenth century,","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"132 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130849034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-16DOI: 10.15406/FRCIJ.2018.06.00231
Isamara Ge, R. Caputo, Laís Ubaldo Antonio, Ana Paula do Rego André, Mariana Gonçalves Ferreira de Castro, Letícia Batista Pinto, Raphaela Duarte da Cunha, Mônica Santiago Oliveira Amaral Carvalho
One of the most challenging issues that man has been confronted with is human identification.1 Identifying identity is a fundamental process in Legal Medicine, both in civil and criminal terms2,3 being a prerequisite for the certification of death as well as for personal, social and legal reasons.4,5 Dactyloscopy (evaluation of fingerprints), dental records and deoxyribonucleic acid (DNA) are the most common techniques used, allowing the rapid and secure identification process. However, in certain circumstances, related to the crime scene or lack of experienced personnel, these techniques may not be available. Therefore, there is a growing need to apply alternative methods to establish identity,6 as is the case of soft tissue identification, an example being queiloscopy. Cheiloscopy is an area of Forensic Dentistry that applies to the study, registration and classification of lip impressions.7 Greek word of origin, queiloscopy means examination of the lips, where cheilos=lips and skopein=examination.
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Pub Date : 2018-11-16DOI: 10.15406/FRCIJ.2018.06.00233
Gino Ríos Patio
In Greek culture of antiquity the usual story was a myth referred to portentous events, by striking, such as gods, demigods, titans, idols, giants, monsters or fantasy characters beings. Today it is considered in much of the world, a story. Myths are, in a culture or community, a system of dogmas that are considered authentic stories and together is called mythology, which bears a direct relationship with community beliefs: A greater number of myths and greater complexity of a mythology, the greater the development of the beliefs of a community that supports their worldview. As word and concept, the myth began to lose credit and devalue to acquire a derogatory meaning, coming to be used loosely as a synonym shaped canard of widespread but false belief at the time that philosophical disquisitions and scientific elucidations appeared and were knowledge of the community. It is known to position estructuralista Levi-Strauss anthropologist,1 whereby, myth consist irreconcilable antipodes, such as creation against destruction, life against death, or against bad; and it provides the reconciliation of these extremes to exorcise our consciousness. Also, Parker2 refers to the functionalist anthropologist Malinowski argued that each of the components and social institutions relate to each other within a system in which everyone has a role. As an example, he highlighted the characteristics of beliefs, customs, institutions, religions and rituals, among others. From the foregoing it is possible to deduce that there is no substantial aspect of life that is alien to the myth, because this answers the basic questions of human existence, that is, reason and reason to exist around him, among others. The downside is that is not a rational explanation. At the popular level, the myth plays an explanatory role because it explains, justifies or develop the cause of some aspect of social or individual life; a function of meaning, because it gives a comfort that relieves individuals; and a pragmatic role since it is the basis of certain structures and state actions. It is possible that these three combined functions are played simultaneously in the social policy area, as will occur to criminal law. While the myth, the story, the legend and the chimera have similar meanings, there are some differences between these concepts. The story, for example, is a flat aetiological fiction, while the myth is presented as a credible albeit complicated plot story. Moreover, the legend, unlike the myth, takes place in a real, historical time, in certain places and with real actors. In turn, the chimera of the imagination is seen as something possible to be unworkable. It is customary to read the myth literally, being an object of social belief, which meaning cannot be other than an imaginary and symbolic; however, the interpretation should be to identify in reality what is used in everyday life, as reinforcement of behaviours, argument of authority, among other things; analyze and defi
{"title":"From the criminological legend to the criminological chimera","authors":"Gino Ríos Patio","doi":"10.15406/FRCIJ.2018.06.00233","DOIUrl":"https://doi.org/10.15406/FRCIJ.2018.06.00233","url":null,"abstract":"In Greek culture of antiquity the usual story was a myth referred to portentous events, by striking, such as gods, demigods, titans, idols, giants, monsters or fantasy characters beings. Today it is considered in much of the world, a story. Myths are, in a culture or community, a system of dogmas that are considered authentic stories and together is called mythology, which bears a direct relationship with community beliefs: A greater number of myths and greater complexity of a mythology, the greater the development of the beliefs of a community that supports their worldview. As word and concept, the myth began to lose credit and devalue to acquire a derogatory meaning, coming to be used loosely as a synonym shaped canard of widespread but false belief at the time that philosophical disquisitions and scientific elucidations appeared and were knowledge of the community. It is known to position estructuralista Levi-Strauss anthropologist,1 whereby, myth consist irreconcilable antipodes, such as creation against destruction, life against death, or against bad; and it provides the reconciliation of these extremes to exorcise our consciousness. Also, Parker2 refers to the functionalist anthropologist Malinowski argued that each of the components and social institutions relate to each other within a system in which everyone has a role. As an example, he highlighted the characteristics of beliefs, customs, institutions, religions and rituals, among others. From the foregoing it is possible to deduce that there is no substantial aspect of life that is alien to the myth, because this answers the basic questions of human existence, that is, reason and reason to exist around him, among others. The downside is that is not a rational explanation. At the popular level, the myth plays an explanatory role because it explains, justifies or develop the cause of some aspect of social or individual life; a function of meaning, because it gives a comfort that relieves individuals; and a pragmatic role since it is the basis of certain structures and state actions. It is possible that these three combined functions are played simultaneously in the social policy area, as will occur to criminal law. While the myth, the story, the legend and the chimera have similar meanings, there are some differences between these concepts. The story, for example, is a flat aetiological fiction, while the myth is presented as a credible albeit complicated plot story. Moreover, the legend, unlike the myth, takes place in a real, historical time, in certain places and with real actors. In turn, the chimera of the imagination is seen as something possible to be unworkable. It is customary to read the myth literally, being an object of social belief, which meaning cannot be other than an imaginary and symbolic; however, the interpretation should be to identify in reality what is used in everyday life, as reinforcement of behaviours, argument of authority, among other things; analyze and defi","PeriodicalId":284029,"journal":{"name":"Foresic Research & Criminology International Journal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121785166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}