Pub Date : 2020-03-03DOI: 10.1163/15718174-02801006
Estella Baker
{"title":"Biannual Prize for the Most Outstanding Contribution to the Journal 2018–2019","authors":"Estella Baker","doi":"10.1163/15718174-02801006","DOIUrl":"https://doi.org/10.1163/15718174-02801006","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02801006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45782643","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 : 2020-03-03DOI: 10.1163/15718174-02801003
R. B. Swain, Björn R H Blomqvist, D. Sumpter
Last night in Sweden? Using Gaussian processes to study changing demographics at the level of municipalities
昨晚在瑞典？使用高斯过程研究城市层面人口结构的变化
{"title":"Last Night in Sweden? Using Gaussian Processes to Study Changing Demographics at the Level of Municipalities","authors":"R. B. Swain, Björn R H Blomqvist, D. Sumpter","doi":"10.1163/15718174-02801003","DOIUrl":"https://doi.org/10.1163/15718174-02801003","url":null,"abstract":"Last night in Sweden? Using Gaussian processes to study changing demographics at the level of municipalities","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02801003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44992049","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 : 2020-03-03DOI: 10.1163/15718174-02801001
G. Meško
Donnermeyer (2016) states that nearly 50% of the world’ s population lives in rural areas, but historically, only a handful of criminological studies have focused on crime in rural settings. Wells and Weisheit (2012) found that the rurality of the study sites diminishes the appropriateness and validity of criminological theories for studying crime in urban environments. Hence, the more rural the locality, the less effective theory is in explaining crime. Consequently, a new branch of criminology has developed – rural criminology – which focuses on the study of crime in rural environments and the testing, verification, and revision of classical criminological theories in these environments (Donnermeyer & DeKeseredy, 2013). Moreover, studies show that differences in the perceptions of police vary by the population size of communities. Crime prevalence also differs between urban and rural environments, as well as ideas on how to counteract crime and disorder – from formal, to semi-formal to informal solutions (Meško, 2019). Both urban and rural environments exhibit much diversity in regards to the volume of various crimes and the criminological factors that contribute to
{"title":"Rural Criminology – A Challenge For the Future","authors":"G. Meško","doi":"10.1163/15718174-02801001","DOIUrl":"https://doi.org/10.1163/15718174-02801001","url":null,"abstract":"Donnermeyer (2016) states that nearly 50% of the world’ s population lives in rural areas, but historically, only a handful of criminological studies have focused on crime in rural settings. Wells and Weisheit (2012) found that the rurality of the study sites diminishes the appropriateness and validity of criminological theories for studying crime in urban environments. Hence, the more rural the locality, the less effective theory is in explaining crime. Consequently, a new branch of criminology has developed – rural criminology – which focuses on the study of crime in rural environments and the testing, verification, and revision of classical criminological theories in these environments (Donnermeyer & DeKeseredy, 2013). Moreover, studies show that differences in the perceptions of police vary by the population size of communities. Crime prevalence also differs between urban and rural environments, as well as ideas on how to counteract crime and disorder – from formal, to semi-formal to informal solutions (Meško, 2019). Both urban and rural environments exhibit much diversity in regards to the volume of various crimes and the criminological factors that contribute to","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/15718174-02801001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44591617","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}
The expression “justice and punishment” considers the entire way that brings a verdict of innocence or guilty. The verdict is a result of an algorithmic sequence of acts. This is the logic of process and its essence is finding in the dialectical form between crime procedure and punishment. Criminal law is a fusion between two aspects: substantive law and procedural law in which this dialectical synthesis doesn’t always implement because of the presence of the reasonable doubt. This paper wants to evidence the particular principles and reasons about a General theory in the civil law and common law. A general theory of law should include not only work focused on criminal law doctrine but also the role of the state in drawing its power to criminalize such as the justification for state of punishment. Criminal law is a product of the state. It’s a creation of political community and the trial recovers political function, not only juridical. It’s necessary researching in two theories the key to know the real face of the criminal science. In fact Theory of Trial and Theory of Punishment are the conditions for the dialectical conception of criminal law, that appears in three forms: Crime-Procedure(Justice)-Punishment. Criminal law depends on economic, social and political changes. Its function fails when law isn’t useful for teaching people what is right or wrong to do under the threat of punishment. But in this case legal certainty is decisive for the application of penalty. In fact the difference between the legal systems of civil law and common law, respectively Italian and American, is based on the fact that Italian tradition has founded its thought also in an abstract language, much influenced by the Greek and Latin tradition. The Anglo-American systems instead think concretely and relate their every consideration with all that is perceptible with the senses. This conception necessarily affects the legal sector of a country, in particular the social sciences. The principles in the Constitutions of many countries in the world, are among the highest endowed with a level of humanity, but the risk of a real disease of the process generates a distrust of the law in the citizens. A question arises: if substantive and procedural law changes according to historical reality, is the problem the man or the system?
{"title":"Phenomenology of General Theory of Criminal Law: Between BARD’s Evolution and Dialectical Synthesis","authors":"Rocco Neri","doi":"10.15640/jlcj.v8n2a3","DOIUrl":"https://doi.org/10.15640/jlcj.v8n2a3","url":null,"abstract":"The expression “justice and punishment” considers the entire way that brings a verdict of innocence or guilty. The verdict is a result of an algorithmic sequence of acts. This is the logic of process and its essence is finding in the dialectical form between crime procedure and punishment. Criminal law is a fusion between two aspects: substantive law and procedural law in which this dialectical synthesis doesn’t always implement because of the presence of the reasonable doubt. This paper wants to evidence the particular principles and reasons about a General theory in the civil law and common law. A general theory of law should include not only work focused on criminal law doctrine but also the role of the state in drawing its power to criminalize such as the justification for state of punishment. Criminal law is a product of the state. It’s a creation of political community and the trial recovers political function, not only juridical. It’s necessary researching in two theories the key to know the real face of the criminal science. In fact Theory of Trial and Theory of Punishment are the conditions for the dialectical conception of criminal law, that appears in three forms: Crime-Procedure(Justice)-Punishment. Criminal law depends on economic, social and political changes. Its function fails when law isn’t useful for teaching people what is right or wrong to do under the threat of punishment. But in this case legal certainty is decisive for the application of penalty. In fact the difference between the legal systems of civil law and common law, respectively Italian and American, is based on the fact that Italian tradition has founded its thought also in an abstract language, much influenced by the Greek and Latin tradition. The Anglo-American systems instead think concretely and relate their every consideration with all that is perceptible with the senses. This conception necessarily affects the legal sector of a country, in particular the social sciences. The principles in the Constitutions of many countries in the world, are among the highest endowed with a level of humanity, but the risk of a real disease of the process generates a distrust of the law in the citizens. A question arises: if substantive and procedural law changes according to historical reality, is the problem the man or the system?","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82387711","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}
{"title":"Combating the Cankerworm of Corruption through Plea Bargaining in Nigeria","authors":"Dr. Stella Oloaigbe Idehen, Dr. Sunday. O. Daudu","doi":"10.15640/jlcj.v8n2a10","DOIUrl":"https://doi.org/10.15640/jlcj.v8n2a10","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88366687","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}
This study seeks legal mechanisms on how the alleged individual commissioners of the crimes of genocide crimes against humanity and war crimes against the Fur, Zaghawa and Massaliet ethnic groups in Darfur of Sudan can be accountable to the ICC, after the removal of Al Bashir in April 2019, and remaining without international criminal charges except the domestic ones of Money Laundry and Terrorism in Sudan. Since 2009, the African Union has been resisting the arrest and surrender of Al Bashir to the International Criminal Court (ICC). At present, there is no consensual decision among the Sudanese nationals in power on how to address the arrest warrant issued by the ICC against Al Bashir and other Sudanese nationals. Some reject their accountability and other propose adoption of the principle of complementarity in national judiciaries. The latter suggestion generates conflict of laws, since Sudan is not a Party State to the ICC and its Criminal Act, 1991 with provisions of its Constitution are derived from the Sharia (Islamic Law). The study suggests that Sudan adopts either dualistic or monistic system in its judiciaries as alternative legal mechanism for the accountability of Al Bashir and other Sudanese fugitives from justice at the ICC, in The Hague.
{"title":"Incompatibility of the Principle of Complementarity and Sharia for the Accountability of the Perpetrators of the International Crimes in Sudan’s Darfur","authors":"Kuel Jok","doi":"10.15640/jlcj.v8n2a2","DOIUrl":"https://doi.org/10.15640/jlcj.v8n2a2","url":null,"abstract":"This study seeks legal mechanisms on how the alleged individual commissioners of the crimes of genocide crimes against humanity and war crimes against the Fur, Zaghawa and Massaliet ethnic groups in Darfur of Sudan can be accountable to the ICC, after the removal of Al Bashir in April 2019, and remaining without international criminal charges except the domestic ones of Money Laundry and Terrorism in Sudan. Since 2009, the African Union has been resisting the arrest and surrender of Al Bashir to the International Criminal Court (ICC). At present, there is no consensual decision among the Sudanese nationals in power on how to address the arrest warrant issued by the ICC against Al Bashir and other Sudanese nationals. Some reject their accountability and other propose adoption of the principle of complementarity in national judiciaries. The latter suggestion generates conflict of laws, since Sudan is not a Party State to the ICC and its Criminal Act, 1991 with provisions of its Constitution are derived from the Sharia (Islamic Law). The study suggests that Sudan adopts either dualistic or monistic system in its judiciaries as alternative legal mechanism for the accountability of Al Bashir and other Sudanese fugitives from justice at the ICC, in The Hague.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73244048","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}
On March 2020, the World Health Organization (WHO) called COVID-19 a pandemic. Millions of cases and deaths have been reported globally. To limit the increase of spreading by COVID-19, prevention strategies were performed to protect people and healthcare workers. The right to health for medical workers is a crucial factor for both control of the outbreak and continuing to provide necessary care to people with COVID-19. Thus, as part of the right to health, governments should create conditions that ensure to medical staff adequate protection even if in an emergency. Nevertheless, these principles, high number of medical doctors died during COVID-19 pandemic. Thus, this paper summarizes measures adopted to social security and highlights some considerations about the respect of human rights for all.
{"title":"The Right to Protect Healthcare Workers in Covid-19 Pandemic: Legal and Criminal Reflections","authors":"Francesco Perchinunno","doi":"10.15640/jlcj.v8n2a4","DOIUrl":"https://doi.org/10.15640/jlcj.v8n2a4","url":null,"abstract":"On March 2020, the World Health Organization (WHO) called COVID-19 a pandemic. Millions of cases and deaths have been reported globally. To limit the increase of spreading by COVID-19, prevention strategies were performed to protect people and healthcare workers. The right to health for medical workers is a crucial factor for both control of the outbreak and continuing to provide necessary care to people with COVID-19. Thus, as part of the right to health, governments should create conditions that ensure to medical staff adequate protection even if in an emergency. Nevertheless, these principles, high number of medical doctors died during COVID-19 pandemic. Thus, this paper summarizes measures adopted to social security and highlights some considerations about the respect of human rights for all.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81896428","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}
{"title":"The Special Provisions for Employed Women in Labor Law in the Bahraini Private Sector �Comparative Study","authors":"Dr. Mohammad Abdalhafed Al-Khamaiseh","doi":"10.15640/jlcj.v8n1a6","DOIUrl":"https://doi.org/10.15640/jlcj.v8n1a6","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75426072","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}
{"title":"The Quest to Prosecute and Punish International Crimes by the African Court of Justice and Human Right: Myth or Reality?","authors":"A. Theresa, Nwano Theophilus","doi":"10.15640/jlcj.v8n2a7","DOIUrl":"https://doi.org/10.15640/jlcj.v8n2a7","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79436217","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}
{"title":"Positive Solutions to Financial Transaction Issues in Bahraini Law - Comparative Study","authors":"Mohanad Ahmad Mahmoud Sanouri","doi":"10.15640/jlcj.v8n1a8","DOIUrl":"https://doi.org/10.15640/jlcj.v8n1a8","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79263763","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}
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