Search results

When someone’s actions deviate from the social norms of the majority, those actions may be used as the basis for criminal charges against the person, even when the person’s actions are considered innocent within his or her culture. This chapter examines the evidence that can be presented on behalf of a person wishing to invoke a cultural defense, and the author also shares her own experiences in utilizing the defense as an attorney. Cultural defenses can be effective; however, there are arguments both for and against its use. Also explained are processes of pretrial litigation, qualifying an expert witness, trial, sentencing, and appeals.

The purpose of this paper is to examine elder abuse (EA) tendency in the context of social integration and caregiver stress (CGS). Afterward, the attempt has been made to examine the role of mens rea or intention in the incidence of EA.

For examining the opinion on EA through the perspective of the elderly and caregiver, a questionnaire was developed using exploratory factor analysis and confirmatory factor analysis. Afterward, a z-test was used for analyzing the results obtained from the elderly and caregivers.

The results showed that in the context of EA, the opinion of caregivers differs from the elderly. This finding was attributed to the theory of ignorance. Based on this, the legal action for every incidence of EA was discouraged by seeking endorsement from the attachment theory especially for the EA incidences arising due to factors such as social isolation or CGS.

This research addresses the presence and non-presence of mens rea or intention in the incidence of EA. Future studies may be conducted by taking a sample from two more developed and developing economies. Moreover, based on the findings the recommended framework can be empirically examined by future researchers.

Understanding the study through the perspective of the caregiver may facilitate the academicians and practitioners in keeping the fabric of relationships stronger among the elderly and caregiver.

Based on the results obtained from the elderly and caregiver, this study proposes a conceptual framework for examining the EA through the lens of mens rea/intention of the caregiver. It is recommended that initiating legal action for every incidence of EA must be discouraged. However, the incidences such as physical abuse (assault), financial abuse, sexual abuse and alike for which the law itself assumes the presence of intention must not be exempted.

The purpose of this article is to assess the extent to which Hong Kong’s laws deter its companies from engaging in corruption and bribery abroad.

A mix of economics, public administration, management and legal analysis was used to assess weaknesses in Hong Kong’s laws governing the prohibition of bribe payments abroad.

Hong Kong does not explicitly criminalise corporate bribery abroad. Companies – as legal persons – can not be found guilty of corruption. It is argued that Hong Kong’s Legislative Council should amend various laws to modernise Hong Kong’s approach to tackling corruption committed by its companies abroad. The various approaches lawmakers can take towards assigning responsibility for corruption to companies are presented. The approaches that prosecutors at the Department of Justice can take to adopt prosecutorial methods like those used in other upper-income jurisdictions and the ways that Independent Commission Against Corruption (ICAC) can assist in this work are also described.

This research has practical findings for Hong Kong’s policymakers, law firms and companies which operate in Hong Kong. For policymakers, we describe legal changes Hong Kong’s legislators will likely make in the years ahead and the preferred ways of engaging in such change. For law firms, we describe the legal changes coming to Hong Kong which legal advisors will need to advise their clients on. For companies, we describe changes that companies operating in Hong Kong will likely need to comply with in the future.

This paper shows that when Hong Kong adopts best practice in the field of corporate criminalisation, Hong Kong’s role in “exporting” corruption will likely fall.

This article describes a set of legal changes which will change the way Hong Kong treats corruption. The literature tends to glamorise Hong Kong’s anti-corruption work. It is shown that its law falls far behind other jurisdictions, as well as how “treating companies like people” in the case of Hong Kong will likely change the way Hong Kong’s prosecutors think about crime and criminal perpetrators.

This paper seeks to examine certain important aspects of the domestic laws of Nigeria, the UK, the USA and Canada with a view to pointing out the remarkable differences capable of affecting adversely the war on terror.

Analyses the domestic laws of all four countries with a view to pointing out the remarkable differences capable of affecting adversely the war on terror.

Despite the obvious zeal and commitment with which nations and states of the world have set out to wage a legal war on terrorism, particularly the aspect of financing it, and despite the existence of a convention of which they are members, serious disparity exists in the legal frameworks adopted for the war. Even amongst such countries as the UK, the USA and Canada, uniformity of laws and approach is still a far‐fetched idea, a situation that is capable of hurting the international collaboration against terror. There is an urgent need for closer affinity between the laws of such countries while even countries like Nigeria that may not presently consider themselves as serious targets of terrorism need to urgently shirk themselves of such impressions and reform their laws.

The paper makes suggestions as to how the differences in the laws of the four countries may be corrected or down played, and how the international objectives of uniformity of laws may be achieved.

The lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is therefore to provide a critical overview of the existing framework on CCL in Mauritius with the aim of underlining its deficiencies and lacunas. As a consequence, an attempt is made to compare the Mauritian model with the French one, so that salient features and characteristics of the French model of CCL can be borrowed into the Mauritian legal framework.

This paper adopts the black-letter approach and the comparative research methodology. The legislative framework of Mauritius on CCL will be compared to the related laws of France with the goal of drawing lessons and inspirations for Mauritius, given that the French model of CCL is well established and highly effective.

The mandatory application of the identification principle in CCL, inspired from the British common law, is a serious impediment towards successful criminal prosecution of companies responsible for criminal offences. In addition, the lack of clear legal provisions on substantive and procedural aspects of CCL is a matter of concern and demonstrates the dire need for legal amendments and action from the legislator as the paper discusses.

To the best of the author’s knowledge, this paper will be among the very first one tackling this area of law from a comparative perspective. The issue of CCL has indeed receive very little academic attention and this paper will help in filling the literature gap on this matter. It will also help future research on the matter for students, academics and corporate law practitioners.

It is undoubtedly the case that advertising plays a significant part in modern economic life in most societies and many view it as an essential part of the operation of a free market system. Yet it is also the case that our knowledge of how exactly it works and whether the vast amounts spent on it are justified is still uncertain. Lord Leverhulme, the founder of Lever Brothers, is credited with the famous aphorism — ‘one half of advertising does not work but nobody knows which half’ and that perhaps sums up the situation very well. One thing that is generally accepted is that some protection must be provided both to consumers and trade competitors from false or misleading advertising which can lead to market distortions and economic loss to purchasers. Increasingly controversial, however, is the scope and extent of legal and voluntary controls on advertising. In the advertising industry fears are rising about the volume of both national and EEC proposals to restrict or limit advertising and as we move from the '80s, a decade of conspicuous consumption in which advertising flourished, to the caring '90s where environmental issues are to the fore, the advertising industry faces major challenges. Advertising as a whole is facing severe economic and legal challenges after the massive expansion of the 1980's — it is estimated that there was a 4% fall in real terms in UK advertising expenditure in the first quarter of 1990 and an estimated 5% fall in the second quarter. Clients are becoming more demanding and the cosy cartel arrangement whereby advertising agencies made a 15% standard commission on a client's expenditure has gone — commissions are down to 12%‐13% or being replaced by fixed fees. It has been estimated by the Advertising Association that proposed legal restrictions could lead to a loss of £1 bn in revenue for the industry. Multi‐farious pressure groups are campaigning against drink advertising, cigarette advertising and sexism in adverts. The advertising industry's concerns are reflected in a recent report by the Advertising Association — ‘A Freedom Under Threat — Advertising in the EC’. The report indicates a number of areas where legislative controls have been introduced or are proposed to be introduced over the next few years and expresses the fear that controls may be going too far in limiting freedom of ‘commercial speech’. Martin Boase, chairman of the Advertising Association writes in his introduction to the report:

It has become increasingly popular and fashionable in Nigeria to enact penal laws which regulate and impinge on business activities. Although scattered corruption and economic crime provisions are found in some of the pre‐1980 statutes, the new phenomenon of enforcing economic regulations through the criminal law instrumentality in Nigeria attained great visibility from about 1984 and has become firmly entrenched in the last eight years.

In light of the recent 1MDB Scandal in Singapore, this research paper aims to examine the deterrent effect of Singapore’s sanctions against money laundering within financial institutions.

Case laws and legislations are examined as are relevant reports by regulators.

Singapore’s anti-money laundering (AML) regimes may not act as an effective deterrent against money laundering activities within financial institutions. This is due to the overreliance on the theory of deterrence-based thinking, the lack of an “enforcement pyramid” and economic factors which influence regulators to be lenient towards financial institutions.

There are limited data available in relation to regulators in Singapore and the prevalence of money laundering activities within Singapore’s financial institution. Any discussions within this article is based on the impressionistic observations of this author, which may not reflect the true state of affairs in Singapore.

Those who are interested in examining the relationship between money laundering and the deterrent effect of sanctions against financial institutions will have an interest in this topic.

The value of the paper is to demonstrate that Singapore’s AML regimes may not act as an effective deterrence against money laundering activities within financial institutions.

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.