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1 – 10 of over 9000Gen Sander and Rick Lines
The intersection between drug control and the death penalty represents a key nexus for human rights and drug reform advocacy and constitutes one of the most visible examples of…
Abstract
The intersection between drug control and the death penalty represents a key nexus for human rights and drug reform advocacy and constitutes one of the most visible examples of the link between abusive law enforcement and drug control in the current period. The issue has emerged as a flashpoint of international debates on drugs and is one that raises important questions and challenges for both ‘abolitionist’ countries that oppose the death penalty and ‘retentionist’ States that continue to execute people. The death penalty for drug offences cannot be dismissed as simply an internal matter for States. Not only do executions for drug offences violate significant international human rights legal protections, domestic capital punishment laws in many cases cannot be separated from the influence of the international drug control treaty regime. This chapter will explore the question of the death penalty for drug offences and the challenges it presents for the international drug control regime more broadly.1
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Monika Lewandowicz-Machnikowska, Tomasz Grzyb, Dariusz Dolinski and Wojciech Kulesza
The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on…
Abstract
Purpose
The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on the significance of the defendant’s sex.
Design/methodology/approach
The first experiment aimed to determine if non-lawyers’ judgments are affected by the defendant’s sex, using brief excerpts from indictments with the defendant’s sex interchanged. Study 2 aimed to verify if this effect applies to future lawyers, suggesting a peculiar approval granted by men to women displaying illegal sexual behaviour towards young men.
Findings
The findings showed that the sex of the offender only influenced judgments in sexual offences, with male participants being more lenient towards female offenders.
Originality/value
The originality/value of the paper lies in its examination of the influence of the defendant’s sex on judgments made by both judges and the general population, specifically focussing on non-lawyers’ judgments. While previous studies have shown that judges tend to be more lenient towards women in certain cases, this paper adds novelty by investigating whether a similar effect is observed among non-lawyers. Moreover, the research sheds light on the relevance of the defendant's sex in cases of sexual offences and identifies a gender-specific leniency towards female offenders, particularly among male participants. The study also explores how this effect might extend to future lawyers, providing insights into societal attitudes regarding illegal sexual behaviour involving women and young men. Overall, the paper contributes valuable information to the understanding of how sex-based biases can influence legal judgments and decision-making processes.
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The purpose of this paper is to provide an overview of the anti‐money laundering laws of Hong Kong, in particular the Organised and Serious Crimes Ordinance.
Abstract
Purpose
The purpose of this paper is to provide an overview of the anti‐money laundering laws of Hong Kong, in particular the Organised and Serious Crimes Ordinance.
Design/methodology/approach
An analysis of the legislation with respect to anti‐money laundering as well as relevant case law.
Findings
Hong Kong authorities are serious about fighting money laundering crimes. The statutory scheme in Hong Kong is comprehensive and in line with international standards.
Originality/value
By discussing the key statutory provisions and the important cases, this paper provides a comprehensive overview of the anti‐money laundering laws of Hong Kong. This paper is of value to lawyers, prosecutors, academics, law students, etc. in not only Hong Kong, but in the region including mainland China.
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This paper aims to examine the socio-economic effect of money laundering in Trinidad and Tobago. It assesses the efficacy of the administration of justice in addressing money…
Abstract
Purpose
This paper aims to examine the socio-economic effect of money laundering in Trinidad and Tobago. It assesses the efficacy of the administration of justice in addressing money laundering and the confiscation of the proceeds of crime. It identifies deficiencies within the existing anti-money laundering system and provides recommendations to ensure a robust anti-money laundering framework in keeping with international standards.
Design/methodology/approach
The paper embraces a pluralist approach. It uses qualitative and quantitative methods and uses a case study approach with contextual qualitative analysis. Empirical data are used and causal connections are linked to the analysis.
Findings
The paper highlights a fragmented and inefficient system in addressing money laundering and the confiscation of the proceeds of crime. It concludes that a robust money laundering framework, which meets international standards, requires strong legislative and institutional alignments that promote timeliness, collaboration and efficiency across many agencies.
Research limitations/implications
Findings are limited to Trinidad and Tobago and to the period ending December 2018. Accordingly, these findings lack generalisability.
Practical implications
Trinidad and Tobago needs to revisit its silo approach to anti-money laundering (AML). New policies which embrace harmonisation, collaboration and timeliness in adjudicating upon ML matters are critical.
Social implications
The negative socio-economic effects of money-laundering are considered in this paper. A disruption of money laundering and the confiscation of the proceeds of crime, benefits society economically and socially.
Originality/value
Trinidad and Tobago has been listed as a country with strategic AML deficiencies by the Financial Action Task Force (FATF). This study provides assistance in guiding much needed reform in the anti-money laundering area and has not before been undertaken.
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This comparison has been prepared in an effort to assist practitioners when confronted with the main confiscation provisions of legislation as it applies to crime and also to drug…
The purpose of this paper is to analyse the legislation and case law relevant to preventing and combating fraud affecting the European Union (EU)'s financial interests in Romania.
Abstract
Purpose
The purpose of this paper is to analyse the legislation and case law relevant to preventing and combating fraud affecting the European Union (EU)'s financial interests in Romania.
Design/methodology/approach
The paper explores how the legislation is implemented in the process of Romania's accession to the EU, how it has been interpreted in case law, the reasons for the results achieved so far and the link between these specific offences and the general fraud offences provided for in the Criminal Code and other special laws.
Findings
The analysis examines the deficiencies in the legislation and in practical implementation thereof, focusing on the penalties and on recovery of funds.
Practical implications
The research highlights the need for practitioners clearly to distinguish between the common legislation applicable to fraud offences, on the one hand, and offences affecting the EU's financial interests, on the other, thus contributing to a fair trial.
Originality/value
The paper identifies the linkages between the common legislation applicable to fraud offences and offences affecting the EU's financial interests, which are still blurred even for Romanian legislators, especially in the field of Community revenue.
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We conclude in Chapter One that an English criminal court is unlikely to have jurisdiction to try foreign public officials for grand corruption as their wrongful conduct would…
Abstract
We conclude in Chapter One that an English criminal court is unlikely to have jurisdiction to try foreign public officials for grand corruption as their wrongful conduct would have taken place overseas.
Serena Davidson and Wayne Petherick
Case linkage theory and practice have received growing empirical support; however, they have yet to be examined fully within Australia. For sexual assault case linkage to be…
Abstract
Purpose
Case linkage theory and practice have received growing empirical support; however, they have yet to be examined fully within Australia. For sexual assault case linkage to be successful, it is assumed that a serial rapist will behave relatively consistently across offences yet distinctively compared to other offenders. The purpose of this paper is to test the underlying principles of case linkage, behavioural consistency and distinctiveness, as well as distinguishing accuracy.
Design/methodology/approach
In total, 250 solved stranger rapes by 171 offenders (46 serial rapists, 125 one-off rapists) were taken from Queensland Police Service (QPS) crime records. All possible crime pairings were created and cross-crime similarity was assessed using Jaccard’s coefficient. Receiver operating characteristics (ROC) analysis was used to examine the ability to distinguish between linked and unlinked offence pairs.
Findings
Serial linked pairs had the highest Jaccard’s coefficient (0.456), followed by non-serial unlinked (0.253) and finally, serial unlinked pairs (0.247). Within the ROC analysis, an area under the curve value was found of 0.913, indicating excellent distinguishing accuracy. Both the underlying principles of behavioural consistency and distinctiveness were supported through theoretical and practical methods. This paper provides the first analysis of serial rape case linkage in Australia, adding validity to this practice.
Research limitations/implications
The authors wish to acknowledge the support and assistance from the QPS in undertaking this research. The views expressed in this publication are not necessarily those of the QPS and any errors of omission or commission are the responsibility of the authors.
Practical implications
This paper provides validity to the practice of case linkage using a database within Australia. The results of this paper can be used to inform investigators of serial offender behaviours. The theories of offender consistency and distinctiveness are supported, highlighting the importance of behavioural evidence for practitioners. This paper provided a practical increase of the quantity and quality of offences uploaded on the Australian violent and sexual crimes database, which will assist further linkage efforts.
Originality/value
This paper is the first in Australia to examine consistency, distinctiveness and case linkage of serial stranger rape. Thus is contributes significantly not only to an increased understanding of serial rape and case linkage in Australia but also brings Australia closer to modern research practices in this field.
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There has been a significant increase in the number of financial crime regulatory offences (as distinct from traditional fraud offences). The purpose of this paper is to address…
Abstract
Purpose
There has been a significant increase in the number of financial crime regulatory offences (as distinct from traditional fraud offences). The purpose of this paper is to address the question of how should those in positions of control and influence in management take steps to ensure the integrity of those under them and also the relevant conduct of their customers and clients in light of this proliferation.
Design/methodology/approach
The work, which is grounded in the field of criminology, uses a combination doctrinal (legal) and qualitative methods. Its emphasis is on mala prohibita (“wrong because they are prohibited”) offences rather than mala in se (“wrong or evil in itself”). The work situates regulatory offences within the broader criminological debate regarding financial crime. It then analyses and reviews the significance of the requirement for certainty in relation to mala prohibita offences. By reference to some Australian offences, the analysis moves to some offences where uncertainty manifests. Finally, the work proposes some practical ways in which those in positions of control and influence may provide certainty to those under them to ensure integrity.
Findings
The paper argues that a paramount step for those in positions of control and influence, in taking steps to ensure the integrity of those under them and also the relevant conduct of their customers and clients is to provide certainty with regard to the illicit activities relevant to their organisation to those persons under them. The work proposes some practical ways in which those in positions of control and influence may provide certainty to those under them to ensure integrity.
Originality/value
The work is novel because of its focus on regulatory mala prohibita offences rather than the traditional criminal law or mala in se offences (in relation to which there has been much more discussion).
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Stuart Kirby, Brian Francis, Les Humphreys and Keith Soothill
Organised Crime is notoriously difficult to identify and measure, resulting in limited empirical evidence to inform policy makers and practitioners. The purpose of this paper is…
Abstract
Purpose
Organised Crime is notoriously difficult to identify and measure, resulting in limited empirical evidence to inform policy makers and practitioners. The purpose of this paper is to explore the feasibility of identifying a greater number of organised crime offenders, currently captured but invisible, within existing national general crime databases.
Design/methodology/approach
All 2.1 million recorded offenders, captured over a four-year period on the UK Police National Computer, were filtered across three criteria associated with organised crime (co-offending, commission of specific offences, three years imprisonment or more). The 4,109 “organized crime” offenders, identified by the process, were compared with “general” and “serious” offender control groups across a variety of personal and demographic variables.
Findings
Organised crime prosecutions are not random but concentrate in specific geographic areas and constitute 0.2 per cent of the offender population. Offenders can be differentiated from general crime offenders on such measures as: diversity of nationality and ethnicity, onset age, offence type and criminal recidivism.
Research limitations/implications
Using an offence-based methodology, rather than relying on offenders identified through police proactive investigations, can provide empirical information from existing data sets, across a diverse range of legislative areas and cultures. This allows academics to enhance their analysis of organised crime, generating richer evidence on which policy makers and practitioners can more effectively deliver preventative and disruptive tactics.
Originality/value
This is the first time an “offence based” methodology has been used to differentiate organised crime offenders from other offenders in a general crime database.
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