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1 – 10 of 53Purpose – The purpose of this study is to show that the settings are not self-incriminating rights the right of non-self-incrimination) within the law and how the civil rights of…
Abstract
Purpose – The purpose of this study is to show that the settings are not self-incriminating rights the right of non-self-incrimination) within the law and how the civil rights of the crown witness exist.
Design/Methodology/Approach – This prescriptive and descriptive study employs the normative legal approach and qualitative analysis.
Findings – The attorney general should prove that a criminal case is not too oriented toward witnesses, especially the crown witness, and that there is still other evidence (e.g., evidence of letters and the results of forensic analysis) and the value of convincing proof is difficult to be denied by the defendant. To avoid misinterpretation towards the presence of crown witness in a criminal case process, a regulation policy issued by the Supreme Court of Republic Indonesia is needed.
Practical Implications – Proffering a crown witness under oath is to prove that a crime opposes against the procedure of criminal law with respect the human right values.
Originality/Value – Forcing a person to prove his own guilt is an act contrary to the alleged principle of an innocent person and this research has not been published.
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Doxing refers to the intentional public release by a third party of personal data without consent, often with the intent to humiliate, intimidate, harass, or punish the individual…
Abstract
Doxing refers to the intentional public release by a third party of personal data without consent, often with the intent to humiliate, intimidate, harass, or punish the individual concerned. Intuitively, it is tempting to condemn doxing as a crude form of cyber violence that weaponizes personal data. When it is used as a strategy of resistance by the powerless to hold the powerful accountable, however, a more nuanced understanding is called for. This chapter focuses on the doxing phenomenon in Hong Kong, where doxing incidents against police officers and their family members have skyrocketed since 2019 (a 75-fold increase over 2018). It contends that doxing for political purposes is closely related to digital vigilantism, signifying a loss of confidence in the ruling authority and a yearning for an alternative form of justice. The chapter therefore argues that public interest should be recognized as a legal defense in doxing cases when those discharging or entrusted with public duty are the targets. Equally, it is important to confine the categories of personal data disclosed to information necessary to reveal the alleged wrongdoer or wrongdoing. Only in this way can a fair balance be struck between privacy, freedom of expression, and public interest.
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Andrea Dubber, Constant Van Graan and Andre Groenewald
Previous research has indicated that trusts are used to commit various economic crimes, but limited studies examine the exact method of how trusts are abused. This paper aims to…
Abstract
Purpose
Previous research has indicated that trusts are used to commit various economic crimes, but limited studies examine the exact method of how trusts are abused. This paper aims to determine how trusts are abused to conceal assets in insolvency and divorce proceedings. Apart from discussing how fraudulent trusts are evaluated by South African courts, two court cases will also be analysed to determine how trusts have been abused in the past to conceal assets in insolvency and divorce proceedings.
Design/methodology/approach
The methodology used is a literature study, predominantly using court cases and relevant statutes as the primary sources of information. The difference between a sham and alter ego trust is discussed, whereafter two court cases are dissected to identify how trusts have been abused to conceal assets.
Findings
The study found that trusts can be abused in different ways to conceal assets in insolvency and divorce proceedings. This can vary from the way the trust is established to the way the trust is used. But trusts are particularly susceptible to abuse when there is no separation between the ownership and enjoyment of trust assets, and the trust lacks independent trustees.
Originality/value
The research finding can be used to better understand how trusts are abused in divorce and insolvency proceedings.
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Aline Pietrix Seepma, Carolien de Blok and Dirk Pieter Van Donk
Many countries aim to improve public services by use of information and communication technology (ICT) in public service supply chains. However, the literature does not address…
Abstract
Purpose
Many countries aim to improve public services by use of information and communication technology (ICT) in public service supply chains. However, the literature does not address how inter-organizational ICT is used in redesigning these particular supply chains. The purpose of this paper is to explore this important and under-investigated area.
Design/methodology/approach
An explorative multiple-case study was performed based on 36 interviews, 39 documents, extensive field visits and observations providing data on digital transformation in four European criminal justice supply chains.
Findings
Two different design approaches to digital transformation were found, which are labelled digitization and digitalization. These approaches are characterized by differences in public service strategies, performance aims, and how specific public characteristics and procedures are dealt with. Despite featuring different roles for ICT, both types show the viable digital transformation of public service supply chains. Additionally, the application of inter-organizational ICT is found not to automatically result in changes in the coordination and management of the chain, in contrast to common assumptions.
Originality/value
This paper is one of the first to adopt an inter-organizational perspective on the use of ICT in public service supply chains. The findings have scientific and managerial value because fine-grained insights are provided into how public service supply chains can use ICT in an inter-organizational setting. The study shows the dilemmas faced by and possible options for public organizations when designing digital service delivery.
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Erik Søndenaa, Terje Olsen, Patrick Stefan Kermit, Nina Christine Dahl and Robert Envik
The purpose of this paper is to examine the awareness of intellectual disabilities (ID) amongst professionals in the criminal justice system (CJS) and their knowledge of those…
Abstract
Purpose
The purpose of this paper is to examine the awareness of intellectual disabilities (ID) amongst professionals in the criminal justice system (CJS) and their knowledge of those persons, either as victims, witnesses, suspects, accused or defendants.
Design/methodology/approach
A survey of the professionals in the CJS (n=388), combined with a series of focus group interviews with experienced professionals (n=20), was conducted.
Findings
One out of three respondents (police, district attorneys and judges) reported that they have regular contact with suspects who have an ID. Differences in knowledge of ID amongst professionals in the CJS can explain awareness and detection of persons with ID.
Research limitations/implications
Non-responders may represent professionals with no knowledge or less interest in these issues.
Originality/value
Reflections on ID have not previously been studied in the Norwegian CJS. The findings serve as a basis and status quo for further research.
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The purpose of this study is to survey the landscape of online collections of digital games.
Abstract
Purpose
The purpose of this study is to survey the landscape of online collections of digital games.
Design/methodology/approach
First, the study identifies existing sites hosting collections and criteria that make a collection valuable for research, then it reports on sites that fit the criteria and analyzes trends.
Findings
Most sites provide simple binary downloads, but some choose encapsulation. Common metadata terms consistently include genre, year of release and publisher. Most sites claim the right to provide their collections as “abandonware,” but remove games if they are asked to.
Research limitations/implications
This study was conducted using a very limited subcategory of digital games, which could be expanded in other studies. Future research may require a multilingual team to account for collections based in non–English-speaking countries. Direct communication with sites’ management may be valuable in the future as well, but was not conducted in this study.
Practical implications
The study identifies practices that have developed organically in this field without any guiding standards. Understanding these may aid in Humanities research into digital games, as well as potential collection development in the future.
Social implications
Digital games are increasingly important as cultural artifacts, and there is a growing effort to preserve them for the future, but there are no standards for collecting and providing them. Understanding how this is currently done can help in providing access into the future for both casual and analytical use.
Originality/value
While game preservation is a growing and active field of research, no study has been published in recent years on this particular subject. It will be valuable for the development of future collections and for research using current ones.
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S. J. Oswald A. J. Mascarenhas
This first chapter explores the basic foundation of corporate ethics: the human person in all its dignity and mystery, its corporeality and emotionality, and its cognitive and…
Abstract
Executive Summary
This first chapter explores the basic foundation of corporate ethics: the human person in all its dignity and mystery, its corporeality and emotionality, and its cognitive and volitive capacities of moral development. Four fundamental characteristics of the human person, namely individuality, sociality, immanence, and transcendence, will be examined for their potential to understand, live, experience, and witness corporate ethics and morals. We explore the profound meaning and mystery of human personhood invoking several philosophies of the good and human dignity as exposed by Aristotle and Thomas Aquinas in the West, by the doctrine of Dharma in the East as expounded by Gautama Buddha, Mahabharata, and Bhagavad Gita, and by Prophets Confucius and Tao, in the East. Several contemporary cases of great human personhood are analyzed: for example, Peace Nobel Laureate Nelson Mandela from South Africa (1993) and Peace Nobel Laureate Liu Xiaobo from China (2017) – cases of human abuse that turned into triumphs of human dignity.