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Accountability of public officials for committing criminal offenses against justice
The relevance of the topic lies in the fact that, despite the high standards established by Ukraine's criminal justice policy for the activities of law enforcement agencies, the situation in the field of criminal proceedings has several negative phenomena. Comparative legal analysis allows for the assessment of national criminal legislation development by comparing the norms of the 'Criminal Code of Ukraine' and the criminal codes of other countries. Particularly, an examination of current legislation in post-Soviet and foreign countries leads to the conclusion that the institution of criminal responsibility is regulated differently in different countries and in different legal systems. The findings of this study could aid in the development of appropriate models for improving the national legal system and developing a systematic approach to the theory and practice of applying these norms.
Journal Article
Assessing the Impact of First-Time Imprisonment on Offenders' Subsequent Criminal Career Development: A Matched Samples Comparison
Using data from the Netherlands-based Criminal Career and Life-course Study the effect of first-time imprisonment between age 18–38 on the conviction rates in the 3 years immediately following the year of the imprisonment was examined. Unadjusted comparisons of those imprisoned and those not imprisoned will be biased because imprisonment is not meted out randomly. Selection processes will tend to make the imprisoned group disproportionately crime prone compared to the not imprisoned group. In this study group-based trajectory modeling was combined with risk set matching to balance a variety of measurable indicators of criminal propensity. Findings indicate that first-time imprisonment is associated with an increase in criminal activity in the 3 years following release. The effect of imprisonment is similar across offence types.
Journal Article
Political expression and conflict transformation in divided societies : criminalising politics and politicising crime
\"This book considers how the social construction of crime and the criminalising of political expression impact upon different stages in a violent political conflict. The freedom to express our political opinions is regarded as an essential human right throughout most of the world, and yet, in defence of our security, governments often place various restrictions on it. This book directly considers what these restrictions are in the context of deeply divided societies to understand how they impact upon intergroup relations in four different contexts: nonviolent movements, counter-insurgency, peace negotiations, and post-settlement peacebuilding. Drawing on an extensive body of original interviews and archival material, the volume analyses this relationship through an in-depth consideration of Northern Ireland and South Africa, followed by a wider analysis of Turkey, Sri Lanka, Belgium, and Canada. The overarching argument is that the implications of criminalising political expression depend on both its 'target' and the wider social reality it contributes towards. This book will be of much interest to students of conflict resolution, transitional justice, law and International Relations\"-- Provided by publisher.
Book
OVERCOMING OVERCRIMINALIZATION
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken the features of federal criminal law that critics of federalization find objectionable—its enormous scope and its severity—and made them considerably worse. By changing how they interpret criminal statutes, the federal courts can help overcome overcriminalization even if Congress continues to be unrestrained in its use of the criminal sanction.
Journal Article
The role of EU agencies in fighting transnational environmental crime : new challenges for Eurojust and Europol
\"The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national, EU, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study by Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately exploited with regard to fighting this phenomenon effectively\"--Back cover.
Book
Racial Disparity in Federal Criminal Sentences
Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher than those of white arrestees.
Journal Article
Gender Differences in Criminal Sentencing: Do Effects Vary Across Violent, Property, and Drug Offenses?
Objective. Many studies find that females benefit from their gender in sentencing decisions. Few researchers, however, address whether the gender-sentencing association might be stronger for some crimes, such as minor nonviolent offending, and weaker for other offenses, such as serious violent crime. Method. Using a large random sample of convicted offenders in Texas drawn from a statewide project on sentencing practices mandated by the 73rd Texas Legislature, logistic regression and OLS regression analyses of likelihood of imprisonment and prison length illustrate the importance of looking at sentencing outcomes not only in terms of gender but also in terms of crime type. Results. Specifically, we find that the effect of gender on sentencing does vary by crime type, but not in a consistent or predicted fashion. For both property and drug offending, females are less likely to be sentenced to prison and also receive shorter sentences if they are sentenced to prison. For violent offending, however, females are no less likely than males to receive prison time, but for those who do, females receive substantially shorter sentences than males. Conclusions. We conclude that such variation in the gender-sentencing association across crime type is largely due to features of Texas' legal code that channel the level of discretion available to judges depending on crime type and whether incarceration likelihood or sentence length is examined.
Journal Article