The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations
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Report to the Nation on Crime and Justice, Second Edition
U.S. Department of Justice Bureau of Justice Statistics Report to the Nation on Crime and Justice Second edition NCJ-105506, March 1988 U.S. Department of Justice Bureau of Justice Statistics Steven R. Schlesinger Director Marianne W. Zawitz Editor Contents Introduction iii I. The criminal event 1 II. The victim 23 Ill. The offender 39 IV. The response to crime 55 1. An overview 56 2. Entry into the criminal justice system 62 3. Prosecution and pretrial services 71 4. Adjudication 81 5. Sentencing and sanctions 90 6. Corrections 102 V. The cost of justice 113 Index 128 ii Report to the Nation on Crime and Justice Introduction The Bureau of Justice Statistics presents This edition contains additional material this second comprehensive picture of on such common law crimes as homi- crime and criminal justice in the United cide, robbery, and burglary; drunk driv- States. Relying heavily on graphics and ing; white-collar crime; high technology a nontechnical format, it brings together crime; organized crime; State laws that a wide range of data from BJS's own govern citizen use of deadly force; pri- statistical series, the FBI Uniform Crime vate security; police deployment; sen- Reports, the Bureau of the Census, the tencing practices; forfeiture; sentencing National Institute of Justice, the Office outcomes; time served in prison and of Juvenile Justice and Delinquency jail; facilities crowding; recidivism; the Prevention, and many other research cost of crime; and privatization of crimi- and reference sources. Because it ana- nal justice functions. lyzes these and other rich data sources, this report should interest the general Graphic excellence and clarity of public as well as criminal justice practi- expression are the hallmarks of this tioners, researchers, and educators in attempt to assist the Nation as it seeks our high schools and colleges. -
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. -
Substantive Criminal Law: Principles and Working 1 Vocabulary
55256_CH01_001_016.pdf:55256_CH01_001_016.pdf 12/18/09 1:58 PM Page 1 CHAPTER Substantive Criminal Law: Principles and Working 1 Vocabulary Key Terms Actual cause Ecclesiastical courts Positive law Actus reus Federalism Precedent Administrative law Felony Preponderance of the evidence Attendant circumstances General intent Procedural law Beyond a reasonable doubt Gross misdemeanor Property crime Burden of proof Injunctive relief Proximate cause But-for test Intervening cause Punitive damage Canon law Jurisdiction Recklessness Capital felony Kings courts Republic Case law Law courts Social contract theory Civil law Least restrictive mechanism Specific intent Code of Hammurabi Legal cause Stare decisis Common law Lesser included offense Statutory law Compensatory damage Mala in se Strict liability Constitutional law Mala prohibita Substantial factor test Constructive intent Mens rea Substantive law Corpus delicti Misdemeanor Tort Courts of equity Misprision of felony Tortfeasor Crime Natural law Transferred intent Criminal law Negligence Uniform Crime Reports Culpable Nulla poena sine lege Violation Declaratory relief Ordinance Violent crime Democracy Ordinary misdemeanor Wobblers Deviance Petty misdemeanor Introduction This chapter explores and describes the founda- tions of American criminal law. While progressing From the genesis of time, human beings have sought through its content, readers are informed of the to establish guidelines to govern human behavior. In extent to which serious crime occurs in America. ancient civilizations, rules were derived from morals, Readers will also develop an appreciation for the customs, and norms existing within society. Thus, in Republic form of government used in this nation most societies, modern laws evolved from a loose and how social contract theory guides the construc- set of guidelines into a formal system of written tion of criminal law. -
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. -
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 25, 2011 No. 09-41064 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. THOMAS GORE, Defendant–Appellant. Appeal from the United States District Court for the Eastern District of Texas Before HIGGINBOTHAM, CLEMENT, and OWEN, Circuit Judges. PRISCILLA R. OWEN, Circuit Judge: In this direct appeal Thomas Gore contends that his prior Texas conviction for conspiracy to commit aggravated robbery is not a violent felony within the meaning of the Armed Career Criminal Act (ACCA)1 and that the district court erred in sentencing him as a career offender. We affirm. I Gore pled guilty to possessing a firearm after being convicted of a felony, in violation of 18 U.S.C. § 922(g). The presentence report recommended that the 1 18 U.S.C. § 924(e). Case: 09-41064 Document: 00511425053 Page: 2 Date Filed: 03/25/2011 No. 09-41064 district court sentence Gore as a career offender pursuant to the ACCA based on Gore’s three prior state convictions, two for serious drug offenses and the other for conspiracy to commit aggravated robbery. Gore objected to the presentence report, arguing that conspiracy to commit aggravated robbery is not a violent felony under the ACCA and that he therefore should be sentenced within a Guidelines range of 33-41 months of imprisonment. The district court overruled the objection and sentenced Gore to 180 months of imprisonment. -
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. -
Crime Prevention Division, Portland Police Bureau FACT and FICTION About Crime in Oregon August, 1979
If you have. \ issues viewing or accessing this file contact us at NCJRS.gov. - -• / FACT AriD FICTION ABOUTCAIME IN OREGON '( \ PAI:PAAED BY TI1E OREGON LAW EnFORCEMErtT COUrtCIL • ------ - -- - ----- Cover design by Steve Minnick, Graphics Illustrator Crime Prevention Division, Portland Police Bureau FACT AND FICTION About Crime in Oregon August, 1979 Victor R. Atiyeh Governor "lames Brown Keith A. Stubblefield Chairman Administrator This study was supported in part by grants from the Law Enforcement Assistance Administration of the U.S. Department of Justice and the Mid-Willamette Valley Manpower Consortium. Point~ of view or opinions stated are those of the author and do not necessarily represent the official position of the U.S. Department of Justice. ---------- ------- ACKNOWLEDGEMENTS The authors of this report are: Annie Monk Pamela Erickson Gervais Administrative Assistant and Planning and Data Analysis P1annlng and Data Analysis Unit Unit Supervisor Sincere appreciation is extended to all those whose valuable suggestions and information contributed greatly to this publication: Bob Watson, Administrator - Oregon Corrections Division Steve Cleveland, Chief Planner - Mid Wi11amette Valley COG Bill Cogswell, Chairman and Ira Blalock, Member - State Board of Parole Craig Van and Marcelle Robinson - Hillcrest School of Oregon Jeff Barnes, Director - Regional Automated Information Network Chuck Foster, Inst'~uctor - Chemeketa Conmunity College Jerry Winter, Deputy Administr'ator - Trial Court Services Cal Steward, School Liaison - Salem Police Department Lt. Tom Potter, Crime Prevention Division - Portland Police Bureau Wendy Gordon, Host/Producer - Mid-Morning, KOIN-TV Lt. Penny Orazettl, Planning & Research - Portland Police Bureau Chief Ro11ie Pean - Coos Bay Police Department Judge Irving Steinbock - Multnomah County Circuit Court Chief Jim Jones - Ontario Police Department Sheriff Jim Heenan - Marion County Sheriff's Office Karel Hyer, Academy Programs Chief - Board on Police Standards and Training Benjamin H. -
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 Paradox of Declining Property Crime Despite Increasing Identity Theft Crime
The Paradox of Declining Property Crime Despite Increasing Identity Theft Crime: Identity Theft Resource Center Offers Additional Insight on Recently Released Bureau of Justice Statistics Report on Identity Theft The Bureau of Justice Statistics (BJS) recently released the Victims of Identity Theft, 2012 report using data from the 2012 Identity Theft Supplement to the National Crime Victimization Survey. While the numbers are alarming, they do not come as a surprise to those of us who are active in this field. The Identity Theft Resource Center (ITRC) has assisted tens of thousands of victims since its formation in 1999, and is accustomed to seeing the number of identity theft incidents increase by millions over the years. The ITRC call center receives calls daily from identity theft victims telling us how identity theft has affected their lives and how desperate they are for assistance in resolving the issue. The BJS report raises interesting questions about the following issues: • how to measure this crime in relation to the overall crime rate, • how to continue to combat the issue, • what tools to give consumers now, and • what the future of this issue will look like. The annual Crime in the United States report issued by the FBI indicates that property crime rates have continued to decrease over the last decade, which appears to directly contradict the BJS report findings. The BJS report gives us a snapshot of the state of identity theft in the U.S., illustrating the encouraging positive trends as a result of our united effort and the negative trends that demonstrate the need for more outreach and tools to fight this epidemic.