LSN: Criminal Law (Public Law - Crime) (Topic)最新文献

{"title":"A Spatial Analysis of Criminality: Evidences for Metropolitan Area of Porto Alegre City","authors":"R. Schuch, G. B. Neto, Daniel Uhr","doi":"10.2139/ssrn.2807657","DOIUrl":"https://doi.org/10.2139/ssrn.2807657","url":null,"abstract":"This paper has as its main purpose to understand the social incentives and spreadings of criminal behavior for different kind of crimes (intentional homicides, murders and against heritage) at the metropolitan area of Porto Alegre, during 2013 and 2014. The results are: crime deterrence due public security spending; individual opportunity cost for violent crimes (intentional and murders); the possibility of crime effect to income for heritage crimes; the firearms increase heritage crimes; the population density also increase criminal activity. Furthermore, the spatial evidences point to presence of spatial heterogeneity for this data structure.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129705120","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":"Organized Crime and the Bright Side of Subversion of Law","authors":"Astrid Gamba, G. Immordino, S. Piccolo","doi":"10.2139/ssrn.2776762","DOIUrl":"https://doi.org/10.2139/ssrn.2776762","url":null,"abstract":"When Legislators award amnesties to `low-rank' criminals cooperating with the justice, top criminals may capture public officials to avoid being sanctioned. Optimal policies should anticipate this danger and fight it back by granting amnesties not only to low-rank criminals, but also to officials who plea guilty and report bribe givers. Even if the threat of being betrayed by their fellows may induce top-criminals to bribe prosecutors, these policies increase the conviction risk not only for top-criminals but also for low-rank ones, whereby increasing the risk premium that the latter require to participate the crime: the bright side of subversion of law.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123983360","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 Meandering Course of Death Penalty Sentencing in India: A Critical Analysis","authors":"Abhishek K. Singh","doi":"10.2139/ssrn.3371410","DOIUrl":"https://doi.org/10.2139/ssrn.3371410","url":null,"abstract":"The Constitutional bench of the Supreme Court of India in Bachan Singh v. State of Punjab has laid down elaborate criteria that needs to be applied to decide whether an accused deserves death penalty or not. Analyzing the decision of the Supreme Court from 1973- 2013, the author argues that subsequent Courts have not only failed to apply the criteria laid down but have also grossly misunderstood the decision of the Constitutional bench, thereby sending several accused to the gallows for whom the appropriate punishment may have been imprisonment for life. This paper traces the path the meandering course of death penalty sentencing in India has taken and suggests corrective course.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117350410","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":"'I Thought 'He's a Monster'… [but] He Was Just… Normal': Examining the Therapeutic Benefits of Restorative Justice for Homicide","authors":"M. Walters","doi":"10.1093/BJC/AZV026","DOIUrl":"https://doi.org/10.1093/BJC/AZV026","url":null,"abstract":"This article examines the therapeutic benefits that restorative justice can engender for stakeholders of homicide. Qualitative interviews with participants from a single case study reveal the various long-term emotional traumas caused by such crimes, as well as the many unanswered questions that remain post-conviction. In exploring one family’s journey of restorative justice, this article documents the various aspects of restorative dialogue that can gave rise to positive emotional connections and, in turn, relational transformations between participants. Though such transformations are potentially life-altering, the article also recommends caution, based on findings that certain adverse emotional reactions can be generated via the personal connections that emerge during dialogue. The article concludes that in order to properly address the wider harms caused by homicide, justice agencies should seek to utilise trauma-informed restorative practices via a parallel system of justice.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129772051","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 Demography of Genocide","authors":"T. Kugler","doi":"10.1093/acprof:oso/9780199378296.003.0004","DOIUrl":"https://doi.org/10.1093/acprof:oso/9780199378296.003.0004","url":null,"abstract":"The demographic foundation of nations is remarkably resilient to losses with the causes of that resiliency not uniform cross-nationally. Countries in the early stages of development have very high birth rates and a growing youthful population with only the most extreme cases of genocide detrimentally affecting their long-term population. They are resilient due to the scale of potential population growth. More developed countries with near stagnated population growth and an increasingly aging population need the phenomena of a post-war baby boom or increased migration to recover. Resiliency can only come from the change in demographical rates. This chapter will evaluate casualties, gender ratios, disrupted age distribution, migrations, and the differing experiences of recovery.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126889063","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":"Insider Trading and Market Structure","authors":"Yesha Yadav","doi":"10.2139/SSRN.2652895","DOIUrl":"https://doi.org/10.2139/SSRN.2652895","url":null,"abstract":"This Article argues that the emergence of algorithmic trading raises a new challenge for the law and policy of insider trading. It shows that securities markets comprise a cohort of algorithmic “structural insiders” that – by virtue of speed and physical proximity to exchanges – systematically gain first access to information and play an outsize role in price formation. This Article makes three contributions. First, it introduces and develops the concept of structural insider trading. Securities markets increasingly rely on automated traders utilizing algorithms – or pre-programmed electronic instructions – for trading. Policy allows traders to enjoy important structural advantages: (i) to physically locate on or next to an exchange, shortening the time it takes for information to travel to and from the marketplace; and (ii) to receive feeds of richly detailed data directly to these co-located trading operations. With algorithms sophisticated enough to respond instantly and independently to new information, co-located automated traders can receive and trade on not-fully-public information ahead of other investors. Secondly, this Article shows that structural insider trading exhibits harms that are substantially similar to those regulated under conventional theories of corporate insider trading. Structural insiders place other investors at a persistent informational disadvantage. Through their first sight of market-moving data, structural insiders can capture the best trades and erode the profits of informed traders, reducing their incentives to participate in the marketplace. Despite the similarity in harms, however, this Article shows that doctrine does not apply to restrict structural insider trading. Rather, structural insiders thrive in full view and with regulatory permission. Thirdly, the Article explores the implications of structural insider trading for the theory and doctrine of insider trading. It shows them to be increasingly incoherent in their application. In protecting investors against one set of insiders but not another, law and policy appear under profound strain in the face of innovative markets.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"517 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123101723","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":"Typologies in Canadian Securities Fraud: An Impact Assessment on Investor Protection, Money Laundering and the Financing of Terrorism (AML/CFT), and Risk Management Through Problem-Oriented Policing (POP)","authors":"R. Ranjan","doi":"10.2139/SSRN.2647578","DOIUrl":"https://doi.org/10.2139/SSRN.2647578","url":null,"abstract":"A comprehensive foray into criminology of investment fraud in Canada is an elusive evaluation given the efficacy of the disparate current system to combat it. Surely, no authoritative source provides a measure of the size of the problem or its scope. This warrants an all-rounded initiative within the securities industry, and between the industry, government regulators, and policy thinkers to develop a robust what can be termed as problem-oriented policing (POP) to address tactical, strategic and ideological aspects of security fraud to protect investor rights, structure efficient and effective compliance management of the dynamic of ‘unclean’ and illicit money catalyzed through commingling with licit capital market, advancing cause of crime and terrorism. POP identifies pattern within a typology of securities fraud through analysis; developing a response; implementing the response; and monitoring and evaluating the program. Part I walks through the conceptual dimensions of fraud under Criminal Code and Securities Act fraud provisions, types and the extant structures to combat them, besides introducing notions and principles of POP as improvising the manner to combat this. Part-II discusses the scope of problem, the almost-symbiotic equation between organized crimes and securities fraud with malignant consequences for investor protection and money-laundering crimes. Part-III takes a resume of categories of enforcement cases chronicled in the 2014 Enforcement Report of Canadian Securities Administrators (CSA) as a barometer as to what ails the securities market in Canada having monstrous impact economically, socially, and politically. Part-IV underscores criticality of enforcement to shape up a robust securities regulatory framework. In conclusion, I have flagged recommendations stating that POP is a must to have a coordinated approach to this problem of securities fraud with probably, an optimal national fraud enforcement agency workable through a dynamic data-base based on psychometric analysis of demographic, psychological and behavioral attributes of investors with lateral inputs from other programs like FINTRAC system, investors’ tools, deterrence, whistleblower program, multi-agency co-operation and international enforcement co-operation.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127965315","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":"Competing Conceptions of Victims of Domestic Violence within Legal Processes","authors":"J. Stubbs, J. Wangmann","doi":"10.2139/ssrn.2627260","DOIUrl":"https://doi.org/10.2139/ssrn.2627260","url":null,"abstract":"It is well established that victims of crime are often measured against an idealised standard of victimhood, typically to the detriment of those who are seen to depart in significant ways from notions of the ideal. However, as Paul Rock noted (2002, p. 17), we need to give more attention to the ways in which various framing discourses are deployed and give shape to our understandings of victimisation. There is ‘interpretative work done at every level in bringing the categories victim and offender into play’ (Rock 2002, p. 21). Laws and legal practices are significant in how matters are framed and in constituting the subjects and objects of law. In this chapter we examine this further by reference to the multiple and competing conceptions of the victim of domestic violence that emerge in different domains of legal practice. We focus on victims of domestic violence who as mother are more likely to be subjected to particular scrutiny and to competing, and often conflicting, requirements and obligations (Douglas and Walsh 2010; Hester 2010; Jaffe et al. 2003; Kaye et al. 2003).","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127774022","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":"Economic Criminal Acts According to Criminal Code of Republic of Kosovo","authors":"Bajram Ukaj, Mejdi Bektashi","doi":"10.21113/IIR.V5I1.15","DOIUrl":"https://doi.org/10.21113/IIR.V5I1.15","url":null,"abstract":"This article analyses the criminal offences against economy in the Criminal Code of Kosovo, which are increasingly becoming an important object of study, both at national and international levels. The criminal offences against economy are in principle blanket nature offences, guiding nature, since the vast majority of such norms are further delineated in other bylaws, while the criminal code provisions provide on criminal offences, thereby guiding towards another legal or sub-legal provision. Economic and financial crimes in Kosovo are already making a remarkable increase, as proven by statistical records of state authorities. The increased rate of economic crimes is a result of many factors and circumstances present in Kosovo, which may be different from regional countries. The inefficient fight and prevention of organized crime and corruption in the period between 1999-2010 was stimulated and favoured by several specific factors that are elaborated in this article.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128303495","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":"Reducing Prison Costs Through Prison Labour: A Law and Economics Approach","authors":"Elena Kantorowicz-Reznichenko","doi":"10.2139/ssrn.2858873","DOIUrl":"https://doi.org/10.2139/ssrn.2858873","url":null,"abstract":"The costs of imprisonment is a common concern to many European countries. However, in some cases this is an inevitable form of punishment, thus may not be substituted by less costly sanctions. Improving prison labour in European prisons has the potential to decrease the costs of incarceration. Therefore, this paper discusses the methods to increase the efficiency of the prison industry using the law and economics approach. Different incentive schemes may be introduced in prisons in order to improve the inmates’ work productivity. Furthermore, private firms may be attracted to provide employment opportunities for inmates, thus, increasing the quality of activities offered to offenders during their sentence. Improved prison labour may reduce the costs of prison on the one hand, and serve as a better rehabilitative mechanism for the prisoners on the other hand.","PeriodicalId":223837,"journal":{"name":"LSN: Criminal Law (Public Law - Crime) (Topic)","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133648706","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}