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Article
Publication date: 3 January 2017

Roman Veresha

This paper aims to consider the problems related to criminal legal characteristics of the crime objective and to analyze specific features of the crime objective as the subjective…

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Abstract

Purpose

This paper aims to consider the problems related to criminal legal characteristics of the crime objective and to analyze specific features of the crime objective as the subjective aspect of crime.

Design/methodology/approach

Research methodology used in studying the criminal legal characteristics of the crime objective was based on the dialectical method of scientific cognition of the social and legal phenomena, its laws and categories. The author used general scientific research methods, systematic, historical, logical and functional, and observation, analysis, comparison and the empirical sociological method.

Findings

Definition of the crime objective as one of the subjective aspects related to the socially dangerous act will be helpful to detect the real causes of crime and to apply the right type and term of punishment. The crime objective should be understood as the important, well-defined features of conscious mental image of the future desired result, which determines the orientation and order of various actions aimed at crime commitment.

Originality/value

The paper substantiated the need to determine crime objective as one of the signs of the subjective aspect of crime. This will reveal the real causes of crime and apply the right type and term of punishment. It was established that the crime objective was a psychological phenomenon, and the question of its analysis and study had to be settled with regard to psychology and criminology, which will influence its cognition. The paper provided a definition of crime objective. Based on a scientific approach to the theoretical definition of the objective in the criminal law and the place in the subjective aspect of crime, the author presumed that crime objective had to be regarded as an optional feature of the subjective aspect of crime.

Details

Journal of Financial Crime, vol. 24 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 December 2003

H.L. Armstrong and P.J. Forde

Money laundering, drug dealing, terrorism, hacking, fraud, child pornography and the distribution of objectionable material are crimes that are perpetrated using the Internet…

8462

Abstract

Money laundering, drug dealing, terrorism, hacking, fraud, child pornography and the distribution of objectionable material are crimes that are perpetrated using the Internet. Criminals utilise software tools and valuable knowledge from the Internet as well as embracing the Internet’s global communications system to participate in virtual communities of disguised people. The Internet provides the facilities for people with criminal intent to associate and exchange intelligence with reduced risk to their personal identification. Using the example of paedophile and hacker Internet practice, this paper proposes an association between criminal Internet activity and Internet anonymity. It discusses the propensity to use anonymity techniques when perpetrating cyber crime. Consequently, a new balance between privacy, freedom of speech and law enforcement must be determined.

Details

Information Management & Computer Security, vol. 11 no. 5
Type: Research Article
ISSN: 0968-5227

Keywords

Book part
Publication date: 6 July 2005

Susan J. Pearson

Nineteenth-century animal protectionists endeavored to frame laws that gave animals direct legal protections, and they conducted large-scale public education campaigns to define…

Abstract

Nineteenth-century animal protectionists endeavored to frame laws that gave animals direct legal protections, and they conducted large-scale public education campaigns to define the harm of cruelty to animals in terms of animals’ own suffering. However, animal suffering was only one of the many possible definitions of cruelty's harms, and when judges and other legal interpreters interpreted animal protection laws, they focused less on animal suffering and more on human morality and the dangers of cruelty to human society. Battling over the definition of human guilt for cruelty, protectionists and judges drew and redrew the boundaries of the law's reach and the moral community.

Details

Toward a Critique of Guilt: Perspectives from Law and the Humanities
Type: Book
ISBN: 978-0-76231-189-7

Article
Publication date: 1 March 2000

Daniel Gentzik

Money laundering has become an issue of increasing concern within the jurisdictions of Germany and the UK. Following a range of international efforts to combat money laundering…

Abstract

Money laundering has become an issue of increasing concern within the jurisdictions of Germany and the UK. Following a range of international efforts to combat money laundering, both countries have implemented wide‐ranging money‐laundering provisions. A closer look at these provisions reveals that they are primarily designed to tackle organised crime. And it can safely be claimed that talk of the challenges faced by financial institutions, national economies and society as a whole has become quite fashionable nowadays in the light of professionally expanding drug cartels, arms‐dealing gangs and other forms of organised groups carrying out serious cross‐border crime. Whenever ‘organised crime’ appears to raise its ugly head, the introduction of ever‐widening and in many cases draconian measures to counter money laundering as the Achilles heel of organised crime is widely held to be fully justified.

Details

Journal of Money Laundering Control, vol. 4 no. 1
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 1 April 2002

Mohammed B. Hemraj

Forgery is not an oft‐discussed subject. Detailed discussion of forgery by banks and other financial institutions all over the world is a taboo, ‘for fear of sowing the seeds of…

Abstract

Forgery is not an oft‐discussed subject. Detailed discussion of forgery by banks and other financial institutions all over the world is a taboo, ‘for fear of sowing the seeds of fraudulent schemes in other ingenious heads’. This is obvious. For once a loophole is identified and discussed, it has to be permanently plugged and sealed, which the bankers perhaps find an arduous task as it costs money and leads to the necessity of cumbersome and time‐consuming procedures being adopted. This paper will analyse the offence of forgery, the definition and the modus operandi of forgery and a sample of forgery cases in the UK and the USA.

Details

Journal of Financial Crime, vol. 9 no. 4
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 12 April 2011

Michel Dion

The purpose of this paper is to describe corruption, fraud and cybercrime as dehumanizing phenomena.

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Abstract

Purpose

The purpose of this paper is to describe corruption, fraud and cybercrime as dehumanizing phenomena.

Design/methodology/approach

Berdiaeff's notion of slavery and Sartre's concepts of lie and bad faith are used in order to put light on the dehumanizing effects of corruption, fraud and cybercrime over social life itself.

Findings

Corruption, fraud and cybercrime constitute dehumanizing processes insofar as they undermine mutual trust among people. When they arise in the organizational setting, corruption and fraud (committed through cyberspace or any other means) are institutionalizing suspicion and creating a deep loss of mutual trust and confidence within the organization. Human relationships within a corrupt and fraudulent organization are harder to develop than in a workplace characterized by honesty and integrity.

Research limitations/implications

The paper is focusing on Berdiaeff's notion of slavery and Sartrian concepts of lie and bad faith. It does not reflect all aspects of dehumanizing phenomena such as corruption, fraud and cybercrime.

Practical implications

The analysis reveals the way in which Sartrian concepts of lie and bad faith could be applied to the behavior of corrupt and fraudulent people as well as cybercriminals.

Social implications

Owing to the transnational nature of both corruption, fraud and cybercrime, such phenomena negatively affect the potentialities to develop a cross‐cultural and interreligious dialogue on the international scene.

Originality/value

The originality of the paper is that it reveals that the way an organization could fight corruption, fraud and cybercrime could be determined by its propensity to tolerate lies and bad faith in its organizational culture.

Details

International Journal of Social Economics, vol. 38 no. 5
Type: Research Article
ISSN: 0306-8293

Keywords

Book part
Publication date: 30 December 2004

Lee Godden

What is this tide of history that washes over the continent of Australia after 1788 destroying in its wake much of the indigenous people’s relationship with land and waters? Now…

Abstract

What is this tide of history that washes over the continent of Australia after 1788 destroying in its wake much of the indigenous people’s relationship with land and waters? Now only remnants, fragments of a former aboriginal inscription of law/lore remain evident in the Australian physical and metaphoric landscape.1 In Law, the “tide of history” has been extended from its original voicing in Mabo v. Queensland [No. 2] (1992) to become a justificatory strategy for the limitation of responsibility and a concurrent apologia that simultaneously acknowledges a previous aboriginal connection with land but denies its current legitimacy.2

Details

Aesthetics of Law and Culture: Texts, Images, Screens
Type: Book
ISBN: 978-1-84950-304-4

Book part
Publication date: 30 July 2014

Frederick J. Brigham

The identification criteria, service provision, and prevalence rates of individuals with emotional and behavioral disorders (EBD) vary across state jurisdictions in the United…

Abstract

The identification criteria, service provision, and prevalence rates of individuals with emotional and behavioral disorders (EBD) vary across state jurisdictions in the United States despite being governed by the same general rules. Therefore, it is unlikely that nations with different histories, economic circumstances, and attitudes toward social norms will demonstrate similarity regarding identification and treatment of individuals with EBD. The fields of anthropology, sociology, and psychology provide conceptual frames for understanding how EBD might be considered across cultures. The present chapter reviews a number of these conceptual considerations. Although there is considerable evidence for variability across cultures, there is also evidence for a shared basis that appears to be part of human characteristics, regardless of culture. The chapter concludes by considering special education services in general as a subset of the education systems provided to all citizens in several nations with diverse cultures and economic situation.

Details

Special Education International Perspectives: Biopsychosocial, Cultural, and Disability Aspects
Type: Book
ISBN: 978-1-78441-045-2

Article
Publication date: 8 May 2009

Michel Picard

The initial role of computers and information technology (IT) systems consisted of improving business daily's operation. However, this quest of efficiency serves more obscure…

875

Abstract

Purpose

The initial role of computers and information technology (IT) systems consisted of improving business daily's operation. However, this quest of efficiency serves more obscure goals as fraudsters exploit the electronic dimension for personal profits with a maximum devastating impact on businesses and their client. The purpose of this paper is to suggest an analysis of the role of the electronic dimension in financial market crimes. It proposes reconsidering its importance based on its role rather than on its complexity and, consequently, better understanding the basic elements of a fraud.

Design/methodology/approach

The paper takes the form of a case analysis and field work.

Findings

The complexity of an IT system facilitates the commitment of a fraud and, at the same time, complicates its investigation. However, an IT system does not initiate a fraud. It is an accessory, a tool at the service of a criminal mind which is where the scheme originates.

Research limitations/implications

Information regarding the two case studies comes only from public sources (mainly written media and books) and is not confirmed by any confidential data available to the author.

Originality/value

Many computer crime experts (re: Cybercriminality Conference in Canada, April 2008, and in Luxembourg, June 2008) agree upon accessorial aspect of IT systems. For investigation purposes, it switches the focus from the computer element back to the main event: the environment in which the fraud occurs.

Details

Journal of Financial Crime, vol. 16 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 October 1930

Our attention has been called to a question raised in a contemporary as to the disposal of the flesh of bovines which have been compulsorily slaughtered as the result of having…

Abstract

Our attention has been called to a question raised in a contemporary as to the disposal of the flesh of bovines which have been compulsorily slaughtered as the result of having obviously contracted tuberculosis. We say “compulsory” as the slaughter is carried out by order of the Ministry of Agriculture and “obvious” as tuberculous infection is in many cases not readily detectable. It should be pointed out that the flesh of an infected bovine may be used for food according to the degree and nature of the infection, but the use of the flesh for such a purpose is only permissible at the discretion of the official veterinary expert acting on behalf of the Ministry in the interests of public health. Admittedly the regulations as at present laid down and under which the Ministry of Agriculture act are by no means ideal, and we have no doubt that the officials of the Ministry would be the last persons to say that they were. Like all such regulations, they are of the nature of a compromise, by which statement we do not mean that the monetary interests of the trades in milk and beef are placed before those of public health. Far from it. The ideal condition aimed at is of course to have all milk and all beef free from the slightest taint and risk of tubercular infection. It is, however, no use to disguise the fact that the attainment of such an ideal is and of necessity must be a long way from accomplishment. It is only within this century that bovine tuberculosis has received serious attention in this country, and bovine tuberculosis is an evil legacy from a long past. It is no doubt in part at least attributable to long continued bad housing and feeding that went on unchecked from year to year. It is well known that in the neighbourhood of large towns where open pasture was not readily attainable cows were sometimes kept in what were little better than cellars, from which they seldom emerged. A cow was looked upon as a sort of machine for yielding milk, and no regard was paid to the way in which the machine was run so long as it delivered the goods, no matter of what quality the goods might be. The conditions for the development of tuberculosis were thus almost as good as if they had been deliberately devised for that very purpose, with results that we have now every reason to deplore. It is only twenty years since Prof. MacFadyean stated that 20 per cent. of the adult cattle in the country were tuberculous, and on the authority of the veterinary surgeon to the King at the same time 36 out of a herd of 40 cows that had belonged to Queen Victoria were tuberculous. If these were the conditions but twenty years ago throughout the country, and if nine out of every ten animals which were kept under the best conditions and received every care were tuberculous, the difficulty and extraordinary complexity of the problem confronting the Ministries concerned at the present day in their attempts to check the evil may be perhaps imagined. Checked it may be but eradication is not in sight. For if the drastic expedient were resorted to of slaughtering every tuberculous bovine in the country the result would be a milk famine. Prices would rise so that for the poor milk would be unobtainable. Many in the trade would be ruined, and perhaps the supply of milk would have to be obtained by importations of milk from abroad produced under conditions over which we could exercise no control. This hypothetical aspect of affairs, however, need not be further discussed.—The administration of the Tuberculosis Order, 1925 (Diseases of Animals Acts, 1894 to 1925), by the Ministry of Agriculture is therefore one of great difficulty. The “waste of years” cannot be “refunded in a day.” The matter calls for constant expert veterinary supervision.—Under Section 3 (1) of the Order the disease is notifiable to the Local Authority. Veterinary inspection follows, and if the animal is found to be suffering from tuberculosis of the udder, tuberculous emaciation, or a chronic cough or yielding tuberculous milk the Local Authority shall order the animal to be slaughtered, though if the owner objects to this the special authority of the Minister has to be obtained. It does not follow that the flesh of a tuberculous animal is unfit to be used as human food. Under 5A.1 of the Order if it is intended to use the flesh for this purpose the Local Authority must notify the Sanitary Authority of the time and place of slaughter. After this neither the carcase nor any part of it may be removed from the slaughter house unless by leave of the Medical Officer of Health or by other competent officer of the Authority.—Removal before such leave is an offence under the Act.—It may be observed here that no animal whose value is stated to be over fifty pounds may be slaughtered under the Order except by Ministerial sanction.—Compensation is payable to the owner of an animal, which has been slaughtered under the Order, by the Local Authority. All this is clear and fair, but as illustrating one of the difficulties of administering the Order, it may be pointed out that these perfectly fair and reasonable regulations made in the interests of public health were found to be indirectly in conflict with public ignorance and prejudice. In this way. In certain industrial districts in the country lean meat was demanded by some of the working class families. The reason being that more nourishment could be got out of lean than out of fat. There is something to be said for this. But where did the lean meat come from? An emaciated beast without a bit of fat on it might well be suffering from tuberculosis. It would pay an unscrupulous owner of such a beast very much better to sell it direct to a dealer in such meat—no information being given and no questions being asked—rather than go to the trouble of observing the Act and receiving a possibly smaller amount of money which would have been paid him under the Order. Thus quite a flourishing trade in such diseased meat was in fair way to grow up, and until the evil was traced to its source and the original owner prosecuted for non‐notification it could not be stopped. Again, the owner of an animal that has been slaughtered under the Order is entitled to recover its full market value and twenty shillings over if it is found that no tubercle exists; if tuberculosis, but not of an advanced state is found, then three‐fourths of the market value or forty‐five shillings, whichever sum is the greater less one‐half the costs of valuation; if advanced tuberculosis is present then one‐fourth the market value or the sum of forty‐five shillings as before under Section 9 i., ii., and iii. of the Order. The result of this was that certain people established a somewhat paying business in buying obviously tuberculous cows from a cowkeeper for a mere song, the cowkeeper being quite willing to get rid of them in this way and thus save himself trouble and the small amount of publicity he would have incurred had he observed the terms of the Order. The buyer would then notify the authority that he had a tuberculous cow and obtain compensation which yielded him a profit. The report for 1928 shows that nearly 17,000 animals were slaughtered under the Order during the year, and nearly 200 were in such a condition that they died before they could be slaughtered! It may also be observed that the powers conferred by Act of Parliament on the responsible Ministries were not readily obtained. Trade interests were alleged, and effective legislation had to be built up in the face of this. Tuberculosis is unhappily somewhat firmly established in our herds of cattle and it will still require long and patient work, expert knowledge and, as it will have been seen, the methods of police detectives before the menace is removed, if it ever can be.

Details

British Food Journal, vol. 32 no. 10
Type: Research Article
ISSN: 0007-070X

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