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Introduction to Victimology and Victims' Rights Van Der Aa, Suzan
Tilburg University Introduction to victimology and victims' rights van der Aa, Suzan Published in: Strengthening judicial cooperation to protect victims of crime Publication date: 2014 Document Version Early version, also known as pre-print Link to publication in Tilburg University Research Portal Citation for published version (APA): van der Aa, S. (2014). Introduction to victimology and victims' rights. In Strengthening judicial cooperation to protect victims of crime: Handbook (pp. 6-12). Superior Council of Magistracy of Romania. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 04. okt. 2021 This publication has been produced with the financial support of the Specific Programme Criminal Justice of the European Union. The contents of this publication are the sole responsibility of the -
Articles on Crimes Against Humanity
Draft articles on Prevention and Punishment of Crimes Against Humanity 2019 Adopted by the International Law Commission at its seventy-first session, in 2019, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (A/74/10). The report will appear in Yearbook of the International Law Commission, 2019, vol. II, Part Two. Copyright © United Nations 2019 Prevention and punishment of crimes against humanity … Mindful that throughout history millions of children, women and men have been victims of crimes that deeply shock the conscience of humanity, Recognizing that crimes against humanity threaten the peace, security and well- being of the world, Recalling the principles of international law embodied in the Charter of the United Nations, Recalling also that the prohibition of crimes against humanity is a peremptory norm of general international law (jus cogens), Affirming that crimes against humanity, which are among the most serious crimes of concern to the international community as a whole, must be prevented in conformity with international law, Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes, Considering the definition of crimes against humanity set forth in article 7 of the Rome Statute of the International Criminal Court, Recalling that it is the duty of every State to exercise its criminal jurisdiction with respect to crimes against humanity, Considering the rights of victims, witnesses and others in relation to crimes against humanity, as well as the right of alleged offenders to fair treatment, Considering also that, because crimes against humanity must not go unpunished, the effective prosecution of such crimes must be ensured by taking measures at the national level and by enhancing international cooperation, including with respect to extradition and mutual legal assistance, … Article 1 Scope The present draft articles apply to the prevention and punishment of crimes against humanity. -
Four Models of the Criminal Process Kent Roach
Journal of Criminal Law and Criminology Volume 89 Article 5 Issue 2 Winter Winter 1999 Four Models of the Criminal Process Kent Roach Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Kent Roach, Four Models of the Criminal Process, 89 J. Crim. L. & Criminology 671 (1998-1999) This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/99/8902-0671 THM JOURNAL OF QMINAL LAW& CRIMINOLOGY Vol. 89, No. 2 Copyright 0 1999 by Northwestem University. School of Law Psisd in USA. CRIMINOLOGY FOUR MODELS OF THE CRIMINAL PROCESS KENT ROACH* I. INTRODUCTION Ever since Herbert Packer published "Two Models of the Criminal Process" in 1964, much thinking about criminal justice has been influenced by the construction of models. Models pro- vide a useful way to cope with the complexity of the criminal pro- cess. They allow details to be simplified and common themes and trends to be highlighted. "As in the physical and social sciences, [models present] a hypothetical but coherent scheme for testing the evidence" produced by decisions made by thousands of actors in the criminal process every day.2 Unlike the sciences, however, it is not possible or desirable to reduce the discretionary and hu- manistic systems of criminal justice to a single truth. -
I. the Victim-Offender Overlap
Draft – Please do not distribute or cite without author’s permission VICTIMS AND OFFENDERS CYNTHIA GODSOE, BROOKLYN LAW SCHOOL TABLE OF CONTENTS I. THE VICTIM-OFFENDER OVERLAP .................................................................... A. History of Victimology ................................................................................ B. Theory of V/O Overlap ................................................................................ II. CONTEXTS ...................................................................................................... A. Mutual Liability ........................................................................................... 1. Statutory Rape Between Two (or more) Minors................................ 2. Intimate Partner Violence “Mutual Combat” .................................... B. Double-Sided Coin/Chameleon Conduct ................................................... 1. Prostitution and Trafficking/Sexual Abuse (if Minors) ..................... 2. Sexting and Child Pornography ......................................................... C. A More Worthy Victim/Out-Victimed ........................................................ 1. Maternal Failure to Protect ................................................................ 2. Child Pornography v. Sexual Abuse/CSEC ....................................... D. Missing Victims ........................................................................................... 1. Drug Offenses ................................................................................... -
'Transnational Criminal Law'?
MFK-Mendip Job ID: 9924BK--0085-3 3 - 953 Rev: 27-11-2003 PAGE: 1 TIME: 11:20 SIZE: 61,11 Area: JNLS OP: PB ᭧ EJIL 2003 ............................................................................................. ‘Transnational Criminal Law’? Neil Boister* Abstract International criminal law is currently subdivided into international criminal law stricto sensu — the so-called core crimes — and crimes of international concern — the so-called treaty crimes. This article suggests that the latter category can be appropriately relabelled transnational criminal law to find a doctrinal match for the criminological term transnational crime. The article argues that such a relabelling is justified because of the need to focus attention on this relatively neglected system, because of concerns about the process of criminalization of transnational conduct, legitimacy in the development of the system, doctrinal weaknesses, human rights considerations, legitimacy in the control of the system, and enforcement issues. The article argues that the distinction between international criminal law and transnational criminal law is sustainable on four grounds: the direct as opposed to indirect nature of the two systems, the application of absolute universality as opposed to more limited forms of extraterritorial jurisdiction, the protection of international interests and values as opposed to more limited transnational values and interests, and the differently constituted international societies that project these penal norms. Finally, the article argues that the term transnational criminal law is apposite because it is functional and because it points to a legal order that attenuates the distinction between national and international. 1 Introduction The term ‘transnational crime’ is commonly used by criminologists, criminal justice officials and policymakers,1 but its complementary term, ‘transnational criminal law’ (TCL), is unknown to international lawyers. -
Transnational Organized Crime
IPI Blue Papers Transnational Organized Crime Task Forces on Strengthening Multilateral Security Capacity No. 2 2009 INTERNATIONAL PEACE INSTITUTE Transnational Organized Crime Transnational Organized Crime Task Forces on Strengthening Multilateral Security Capacity IPI Blue Paper No. 2 Acknowledgements The International Peace Institute (IPI) owes a great debt of gratitude to its many donors to the program Coping with Crisis, Conflict, and Change. In particular, IPI is grateful to the governments of Belgium, Canada, Denmark, Finland, Greece, Luxembourg, the Netherlands, Norway, Spain, Sweden, Switzerland, and the United Kingdom. The Task Forces would also not have been possible without the leadership and intellectual contribution of their co-chairs, government representatives from Permanent Missions to the United Nations in New York, and expert moderators and contributors. IPI wishes to acknowledge the support of the Greentree Foundation, which generously allowed IPI the use of the Greentree Estate for plenary meetings of the Task Forces during 2008. note Meetings were held under the Chatham House Rule. Participants were invited in their personal capacity. This report is an IPI product. Its content does not necessarily represent the positions or opinions of individual Task Force participants. © by International Peace Institute, 2009 All Rights Reserved www.ipinst.org CONTENTS Foreword, Terje Rød-Larsen. vii Acronyms. x Executive Summary. 1 The Challenge of Transnational Organized Crime (TOC). .4 Ideas for Action. .14 I. convene a hIgh-level ConFerenCe on toC aS a ThreaT To SeCurity ii. maP The impacts oF ToC on SeCurity, developmenT, and stability iii. strengThen Crime ThreaT analysis For un PeaCe efforts Iv. develoP straTegic, Investigative, and oPerational ParTnerShips v. -
Predictive POLICING the Role of Crime Forecasting in Law Enforcement Operations
Safety and Justice Program CHILDREN AND FAMILIES The RAND Corporation is a nonprofit institution that EDUCATION AND THE ARTS helps improve policy and decisionmaking through ENERGY AND ENVIRONMENT research and analysis. HEALTH AND HEALTH CARE This electronic document was made available from INFRASTRUCTURE AND www.rand.org as a public service of the RAND TRANSPORTATION Corporation. INTERNATIONAL AFFAIRS LAW AND BUSINESS NATIONAL SECURITY Skip all front matter: Jump to Page 16 POPULATION AND AGING PUBLIC SAFETY SCIENCE AND TECHNOLOGY TERRORISM AND HOMELAND SECURITY Support RAND Purchase this document Browse Reports & Bookstore Make a charitable contribution For More Information Visit RAND at www.rand.org Explore the RAND Safety and Justice Program View document details Limited Electronic Distribution Rights This document and trademark(s) contained herein are protected by law as indicated in a notice appearing later in this work. This electronic representation of RAND intellectual property is provided for non-commercial use only. Unauthorized posting of RAND electronic documents to a non-RAND website is prohibited. RAND electronic documents are protected under copyright law. Permission is required from RAND to reproduce, or reuse in another form, any of our research documents for commercial use. For information on reprint and linking permissions, please see RAND Permissions. This report is part of the RAND Corporation research report series. RAND reports present research findings and objective analysis that ad- dress the challenges facing the public and private sectors. All RAND reports undergo rigorous peer review to ensure high standards for re- search quality and objectivity. Safety and Justice Program PREDICTIVE POLICING The Role of Crime Forecasting in Law Enforcement Operations Walter L. -
Quick Guide to the Criminalization of Transgender and Gender Non-Conforming People
Quick Guide to the Criminalization of Transgender and Gender Non-Conforming People Transgender and gender non-conforming people are over-represented in the criminal legal system due to institutionalized oppression and increased poverty and criminalization. Trans and gender non-conforming people, especially trans and gender non-conforming people of color, face intersectional barriers to education, housing, employment, and medical care resulting in vulnerability and a constant fight for social and political resources. These barriers are further increased as a result of intersectional oppression including: racism, sexism, transphobia, homophobia, classism, ableism, and ageism. Barriers to Education Many trans and gender non-conforming people drop out of school due to harassment and discrimination suffered at all levels of education. Schools are also highly gendered spaces. Students are forced to use gendered bathrooms and locker rooms where they are frequently subjected to violence and persecution. This harassment and discrimination is frequently unchecked by school administration and educators. Mandatory trainings are not in place for young people and many jurisdictions do not have laws in place requiring schools to educate faculty, staff, and students about LGBT issues. Additionally, issues often arise for trans and gender non-conforming individuals who do not have matching identity documents, which can limit access to higher education. For transpeople with criminal convictions that limit name changes, this issue is further exacerbated. Barriers to Housing Trans and gender non-conforming people, especially young people, are disproportionally represented in homeless and street-based communities. Many people are kicked out of their homes for being transgender or gender non-conforming. All too often young transpeople are forced to run away from foster care due to sex-segregated group homes and/or unsafe family placements where they are subjected to abuse, harassment, and discrimination. -
The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations
Florida State University Law Review Volume 34 Issue 2 Article 10 2007 International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations Maureen Walterbach [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Maureen Walterbach, International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations, 34 Fla. St. U. L. Rev. (2007) . https://ir.law.fsu.edu/lr/vol34/iss2/10 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW INTERNATIONAL ILLICIT CONVERGENCE: THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS' INVOLVMENT IN INTELLECTUAL PROPERTY RIGHTS VIOLATIONS Maureen Walterbach VOLUME 34 WINTER 2007 NUMBER 2 Recommended citation: Maureen Walterbach, International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvment in Intellectual Property Rights Violations, 34 FLA. ST. U. L. REV. 591 (2007). INTERNATIONAL ILLICIT CONVERGENCE: THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS’ INVOLVEMENT IN INTELLECTUAL PROPERTY RIGHTS VIOLATIONS MAUREEN WALTERBACH* I. THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS -
Crime and Victimology 1
© Jones and Bartlett Publishers, LLC. NOT FOR SALE OR DISTRIBUTION CHAPTER Crime and Victimology 1 by Ann Wolbert Burgess and Albert R. Roberts 44 LEARNING OBJECTIVES 44 KEY TERMS • Describe the victims of violence Costs of victimization • Outline the costs of criminal victimization Criminology • Describe the methods used to measure victimization Forensic victimology • Describe the origin of the crime victims’ movement National Crime Victimization Survey • Illustrate forensic victimology’s contribution to cold case analysis (NCVS) Victimology Introduction The unsettling reality regarding crime in the United States and Can ada today is that it is widespread, very often violent in nature, and it completely disregards all boundaries. There is no home, no com munity, and no region in North America that can consider itself to be safe from the risk of criminal assault. With recent estimates of the number of crime victims in the United States reaching as high as 38 million, it behooves all of us, both individually and collectively, to support emerg ing efforts aimed at two distinct but related areas: crime prevention and crime victim assistance. To be sure, averting criminal behavior altogether is the more preferable of the two. Given the improbability of accomplishing this in the immediate future, however, it becomes all the more urgent to be prepared to assist those who are victimized. Unprecedented numbers of victims are turning to victim assistance programs, mental health centers, domestic violence shelters, and victim compensation programs. Research, as well as experience, has shown that these individuals frequently suffer from significant emotional pain and trauma, physical injuries, and/or financial loss, and “second ary victims”—the relatives and close friends of victims—also endure both mental anguish and economic hardship. -
A Framework for the Consequences of Racial Capitalism Penology and Monetary Sanctions
UCLA UCLA Criminal Justice Law Review Title Carceral Immobility and Financial Capture: A Framework for the Consequences of Racial Capitalism Penology and Monetary Sanctions Permalink https://escholarship.org/uc/item/31r669wf Journal UCLA Criminal Justice Law Review, 4(1) Author Friedman, Brittany Publication Date 2020 eScholarship.org Powered by the California Digital Library University of California CARCERAL IMMOBILITY AND FINANCIAL CAPTURE: A Framework for the Consequences of Racial Capitalism Penology and Monetary Sanctions Brittany Friedman About the Author Brittany Friedman is an Assistant Professor of Sociology and Fac- ulty Affiliate of the Program in Criminal Justice and Center for Security, Race, and Rights at Rutgers University. Thank you to the editors of the Criminal Justice Law Review for your comments and Theresa Rocha Beardall for substantive feedback on this Article. Table of Contents Introduction ............................................................................................. 177 I. Consequences of Racial Capitalism Penology ........................ 178 II. Carceral Immobility and Financial Capture ............................ 180 Conclusion ................................................................................................ 183 Introduction Carceral institutions exemplify the consequential relationship between racial capitalism, penology, and the human experience. The contemporary expansion of monetary sanctions in the United States is a preeminent progression of racial capitalism penology: entrenched -
Organized Crime and Human Trafficking: the UN Approach Approaching Universal Ratification UNTOC and Its Protocols – As of 21 August 2013
An International Framework to Fight against Transnational Organized Crime and Human Trafficking: The UN Approach Approaching universal ratification UNTOC and its protocols – As of 21 August 2013 United Nations Convention against Transnational Organized Crime – Status: entered into force 29 September 2003 – Parties 177 – Signatories 147 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children – Status: entered into force 25 December 2003 – Parties 157 – Signatories 117 Protocol against the Smuggling of Migrants by Land, Sea and Air – Status: entered into force 28 January 2004 – Parties 137 – Signatories 112 Structure of Convention Defines and standardizes terminology Requires States to criminalize specific conducts Specific control measures (money-laundering, corruption etc.) Confiscation of proceeds of crime Cooperation Training, research, information measures Prevention Technical provisions (signature, ratification etc.) Key obligations for State Parties* • Criminalization • Prevention, Investigation and prosecution • International cooperation Criminalization – Offences established by the convention (Art. 5, 6, 8 and 23) – Other serious crimes defined in Art.2 – Protocol offences (Protocols, Art.1) • when: – transnational in nature – an organized criminal group is involved Criminalization: Participation in an organized group • Organized criminal group shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit (Article 2a, UNTOC) • Comment: the definition of an “organized criminal group” is central to its operation. The definition of “organized criminal group” does not include groups that do not seek to obtain any “financial or other material benefit”.