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This chapter examines the differing ways in which the criminal responsibility of children has been understood in English and Australian common law. The doctrine of “doli incapax” has for many centuries worked to establish a presumption in law that children between the ages of around 10 and 14 are incapable of forming criminal intent, unless it can be shown that they are capable of ‘guilty knowledge’ about their actions. In this approach, children are presumed to be ‘naughty’ until it can be shown that they are ‘bad’. However, events such as the murder of James Bulger in 1993 have led to the abolition of the doctrine in the UK, and its questioning in Australia. The chapter will outline how and why the law’s distinction between adults and children in relation to crime has become unstable, and explain the implications of the legal conception of childhood for the sociology of childhood more broadly. It will also explore how a closer look at the history of the doli incapax presumption sheds considerable light on the central and active role played by the judiciary and the legal profession, as opposed to other social and professional groups, in the development of a particular legal construction of childhood.

Globally, health problems are very common among prisoners. A mental state examination aims to help in recognising psychiatric problems among offenders and the possible association of these psychiatric issues with their committed crime. The legal-medical term “reduced criminal responsibility” refers to a weakened sense of reality and the ability to control one’s behaviour because of compromised mental health and without an evaluated need for forensic psychiatric hospitalisation. However, little is known about the actual need for the health care of prisoners with reduced criminal responsibility (PRCR). The purpose of this study was to explore treatment-related visits to prison by PRCR in Finland.

The research data comprise information on PRCR’s treatment-related visits and that of a matched control group (n = 222). Descriptive cross-tabulation with X²- and nonparametric Mann–Whitney U-tests and Cox regression analyses are applied.

The results show that almost every PRCR had at least one treatment-related visit during their sentences. Visits to a psychiatric hospital for prisoners, to the prison hospital and especially to a civil hospital are more common among PRCR. The need for treatment appears significantly earlier in their sentences.

These findings demonstrate the PRCR’s greater need for access to health services and the need for further development between the Health Care Services for Prisoners, Prison and Probation Service of Finland and public health and social services in Finland. More exploration of the medical reasons and locational distribution of the vast amount of civil hospitalisation is needed.

The purpose of this paper is to explore how judges perceive High Functioning Autistic Spectrum Disorders (hfASDs) and the disorders’ effects on an offender's ability to formulate criminal intent and control behaviour.

Semi-structured interviews on topics related to offenders with hfASDs were conducted with 21 California Superior Court Judges. A coding scheme was developed and an iterative qualitative coding process was used for analysis.

Analysis yielded three major themes on how an hfASD diagnosis affects an offender's ability to regulate actions and criminal behaviour. Interviewed judges reported beliefs that hfASD offenders view the world in a different way and that much of their behaviour is not under their direct control. Judges reported these perceptions likely affect how they criminally process and make legal decisions regarding offenders with hfASDs.

The sample size was small and therefore no statistical significance can be drawn from results; findings cannot be applied to perceptions or experiences of the entire California Superior Court Judge population.

Past academic research reports that individuals with hfASDs that offend often do so because of specific symptoms associated with the disorder. This presents a complex dilemma for the criminal justice system regarding how best to understand the disorder and process these offenders. This study and its findings aim to shed light on issues judges encounter in determining these offenders’ responsibility and sentencing, in what ways this information might be integrated into judicial decision making, and areas where future research is needed.

This paper aims to answer three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? These are the main constitutional issues that have hampered the processing of, and consensus regarding, the regulation of the asset civil forfeiture in Brazil, the subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated. This study intends to enrich this discussion with the current American debate, its main lessons and concerns to individual procedural safeguards.

There are some questions that should be addressed: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? Thus, this paper aims to discuss these questions, which are the main constitutional issues that have hampered the processing of, and consensus regarding, the regulation of the asset civil forfeiture in Brazil, the subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated. This study intends to enrich this analysis with the current American debate about asset civil forfeiture provisions, its main lessons and concerns to individual procedural safeguards.

This paper focused on answering three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? The authors sustained the constitutionality of the asset civil forfeiture from a Brazilian perspective, based on three main arguments: First, asset civil forfeiture is based on the non-abused use of property rights constitutional provision. Second, asset civil forfeiture does not imply on or presume a criminal charge. Finally, asset civil forfeiture is not based on the same standard of proof as a criminal proceeding.

The value of this paper is based on its current debate, the regulation of the asset civil forfeiture in Brazil, which is subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated.

The purpose of this paper is to contend that the dominant voluntarism approach to the accountability of transnational corporations (TNCs) is inadequate and not fit-for-purpose. The authors argue for the establishment of an international legal mechanism for securing the accountability of TNCs, particularly in the context of developing countries with notoriously weak governance mechanisms to protect all relevant stakeholders.

The study adopts insights from the fields of management and international law to draw out synergies from particular understandings of corporate governance, corporate social responsibility and international human rights. The challenges to governance in developing countries with regard to securing the accountability of TNCs are illustrated with the Nigerian experience of oil-industry legislation reform.

The specific context of the experiences of developing countries in Africa on the operations of TNCs particularly commends the need and expedience to create an international legal regime for ensuring the accountability of TNCs.

Mainstream research in this area has focused mainly on self and voluntary models of regulation and accountability that have privileged the legal fiction of the corporate status of TNCs. This paper departs from that model to argue for an enforceable model of TNC’s accountability – based on an international mechanism.

There is an opinion among decision makers in Western Europe that as far as the ‘Russian organised crime’ problem is concerned it will be largely restricted to Russia and that the real threat to Western Europe will be minimal. The truth is that it is in Russia where the problem has to be attacked in order to limit its impact on Western Europe.

The purpose of this paper is to present an empirical assessment and outline issues in criminal regulation relating to international anti‐money laundering (AML) programs.

In the first part, this paper outlines the serious threats posed by transnational laundering operations in the context of economic globalization, and calls for highly co‐ordinated international responses to such a crime. The second part of the paper centres on elements of international criminal regulation of ML.

The focus is on the phenomenological aspect of ML and highlights that to a large extent it is an economic issue. Economic analysis calls for an accurate legal response, with typical trade‐offs: it should deter criminals from laundering by increasing the costs for such illicit operations, calling for enhanced regulatory and enforcement activities; however, stronger enforcement yields increased costs and reduces privacy. These features have lately inspired the recent paradigm shift from a rule‐based regulatory framework to a risk‐based approach which still represents an extremely delicate regulatory. Both at the international level and within the single domestic legal system, AML law is typically characterised by a multidisciplinary approach combining the repressive profile with preventive mechanisms: an empirical evaluation of the International Monetary Fund‐World Bank AML program is presented, where these two aspects are assessed. The non‐criminal measures recently implemented under the auspices of the main inter‐governmental public organisations with competence in these fields seem to be consistent with the insights of economic analysis. However, some key criminal issues need to be better addressed.

The paper offers insights into international AML programs, focusing on criminal regulation.

The salience of money laundering as a social and economic issue merits some modest scepticism. First, most crime is and will remain for the foreseeable future local and ill‐organised. The only connection that most of the young people and adults who come before most judges most of the time have with international organised crime is the remote supply of the ganja that they smoke, and the fact that drugs — mostly heroin, cocaine and amphetamines — increase their rate of offending and make it harder for them to give up crime. Although there is room for debate about the proportionate and creative ways of dealing with drug use among the young, it remains the case that there is a heavy‐end crime problem with which judges, law officers and politicians have to deal. It is difficult to write rationally about trends in organised crime and about rational international responses to it. The only people who are really on top of this particular market are the successful criminals themselves, including the professionals — accountants and lawyers — who knowingly assist in laundering the proceeds of crime, and who are increasingly required by the front‐line criminals as our controls on cash deposits get tighter. Nevertheless, this paper discusses the relevance to money laundering and proceeds of crime of corporate criminal liability and analogous forms of imposing ‘due diligence’ penalties.

Money laundering is a major problem related to organised crime and especially to its transnational manifestations. Organised crime, which is associated with a continuous inflow of enormous amounts of money, creates the problem of protecting and hiding the money while at the same time taking every precaution possible. Members of organised criminal groups are therefore forced to conduct all kinds of operations of acquisition or transfer of legal rights whose final stage is the ultimate integration of income deriving from illegal sources. Such behaviour, called ‘money laundering’, constitutes the ‘roots’ of organised crime; in other words, it is the fundamental basis for the existence of organised crime. That is why, as part of various international initiatives aimed at preventing and counteracting organised crime, particular attention is paid to the issue of trying to limit the scope of money laundering. It is worth adding here that the phenomenon is also associated with crimes (especially in the economic and financial area) that do not necessarily have to have an organised nature.

This chapter examines the delicate balance achieved by apex courts in new democracies when dealing with impunity for rights violations during times of transitional justice. While international law has clearly rejected amnesties for past rights violations, domestic politics sometimes incorporate amnesties as part of larger peace settlements. This puts courts in the difficult situation of balancing the competing demands of law and politics. Courts have achieved equipoise in this situation by adopting substantive interpretations and procedural approaches that use international law’s rights-based language but without implementing international law’s restrictions on amnesties. In many cases, courts do this without acknowledging the necessarily pragmatic nature of their decisions. In fact, oftentimes courts find ways of avoiding having to make any substantive decision, effectively removing themselves from a dispute that could call into question their adherence to international legal norms that transcend politics. In doing so, they empower political actors to continue down the road toward negotiated peace settlements, while at the same time protecting the courts’ legitimacy as institutions uniquely situated to protect international human rights norms – including those they have effectively deemphasized in the process.