"Kronika naše Kalvarije pod Italijo". Gradivo Komisije za ugotavljanje zločinov okupatorjev in njihovih pomagačev o obdobju 1918-1941

Author(s): Damijan Guštin / Language(s): Slovenian Issue: 1/2000

The Committee Investigating The Crimes Committed By Occupiers And Their Accomplices was set up by the Slovenian National Liberation Movement in 1944 and continued working as a government body after the Second World War. Its task was not only to investigate the war crimes committed in Primorska, the Slovenian ethnic territory annexed to the Italian monarchy in 1918, but also to gather information on the specific, institutionalized violence exercised by the Italian state (through denationalization) and, in particular, the fascist forces between 1918 and 1941. In the paper, the author presents the scheme for ascertaining the various forms of pressure to which the population was subjected in the implementation of the denationalization policy, as well as the findings and their quantification.

(NE)MANDAGUMO RAIŠKA NUSIKALTIMŲ DISKURSE: ĮVARDIJIMO ASPEKTAS

Author(s): Sigita Jakimovienė / Language(s): Lithuanian Issue: 11/2017

By focusing on the study of naming of an offender in the media in one particular case when father killed his two children in Saviečiai, this paper provides a perspective on the discourse on crime as the discourse governed by the strategies of impoliteness. The face management theory (Brown and Levinson 1978, 1987) and the insight of face attacking acts (Austin 1987) is considered here to be generally useful for the analyses of the discourse on crime which is, as a rule, about negatively evaluated persons and their actions. Having analysed 46 crime reports in the Lithuanian media published in the period of one month on January 2016, 36 different nominal references of the offender have been found. The results reveal that the level of politeness in the discourse on crime can be assessed considering the naming of an offender. In this discourse the naming of the offender is performed mainly as face attacking acts: 1) a naming word has a negative emotional evaluation or is an obvious insult or nickname which might be considered as a dysphemism (vaikžudys, smurtautojas, skriaudikas, žudikas, siaubūnas, antžmogis, monstras, budelis, išgama, degradas, navikas, alkoholikas, girtuoklis, chuliganas); 2) neutral naming words (vyras, tėvas, A. Beras, etc.) are modified by means of extended attributes that indicate the crime and the victims, the location of the crime. In fact, it often expresses a straightforward negative assessment. This type of naming of the offender with an additional indication of the time of the offense, the date of birth of the offender, the age and sex of the victims, is voluminous (up to 25 words) in this discourse. Such a naming becomes like a brief statement or a story in itself.

(Nie)wykorzystywanie mediacji w sprawach nieletnich

Author(s): Magdalena Staniaszek / Language(s): Polish Issue: 1/2018

Obecnie można zaobserwować zjawisko nadmiernego formalizowania reakcji kontroli społecznej wobec dzieci i młodzieży z przejawami demoralizacji – zwłaszcza dopiero zagrożonych procesem wykolejenia oraz nadto arbitralną rolę sędziego w sprawach z udziałem nieletnich. Mimo możliwości prawnej, sądy rodzinne niezbyt często kierują sprawy do postępowania mediacyjnego. W latach 2004 – 2016 najwięcej skierowano spraw do mediacji w 2006 roku - 366, a najmniej w 2014 roku – 198. W 2016 roku – 285 spraw, w tym łódzkie sądy – 13.Celem artykułu jest prezentacja badań dotycząca analizy spraw nieletnich skierowanych przez łódzkie sądy do postępowania mediacyjnego w latach 2011-2016.Przedmiot badań stanowi treść akt spraw oraz treść sprawozdania z postępowania mediacyjnego dotycząca wyniku zakończenia mediacji i warunków ugody, jeżeli taka została zawarta.Na podstawie analizy badań można wnioskować, że sędziowie kierują do postępowania mediacyjnego jedynie te sprawy, gdzie poszkodowanym i sprawcą są osoby małoletnie, a czyny karalne dotyczyły m.in. wymuszenia, naruszenia nietykalności, nękania. Z liczby spraw skierowanych do mediacji wynika, że sędziowie nadal nie są przekonani co do słuszności rozstrzygania spraw z wykorzystaniem sprawiedliwości naprawczej.

1876 Yılında Edirne Vilayeti’ndeki Asayiş Problemleri (826 Numaralı Ayniyat Defteri Verilerine Göre)

Author(s): Arzu Taşcan / Language(s): Turkish Issue: 01/2021

Ayniyat notebooks are the notebooks where the writings sent from Sadaret in the XIXth century to the provincial administrators, ministries and other authorities were recorded exactly. There are registries about the administrative, financial, military, legal, social and other different matters in these notebooks. The main aim of this study is to determine public order problems which were reflected in the documents sent by Sadaret to the Edirne province in 1876 and are in the 826 numbered Ayniyat notebook. The documents in this notebook contain short letters sent to the province. In the letters, to the provincial administrators were informed about what they should do in front of complaints and requests of the public. The documents determined from the notebook on public order problems are about pillage, extortion, robbery, murder, damaging the crop and property, settling on someone else's property by force, land and pasture conflicts. The behavior of the administrators in provinces and state in the face of public complaints about these events that occurred in 1876 and earlier were scrutinized in the context of the documents in the notebook.

276 Numaralı Mühimme-i Mektum Defterinin İncelenmesi ve Değerlendirilmesi

Author(s): Suha Oğuz Baytimur / Language(s): Turkish Issue: Spec. Iss./2021

The Muhimme-i Mektum Registration Book number 276, is included in the Muhimme Registration Books, which are among the written sources of the period, which have been inherited from the Ottoman Empire to the present day. In the registration book containing 44 pages, there are 133 provisions in total. Muhimme-i Mektum Registration Book number 276, which consists of two chapters, includes the provisions covering the years 1807-1810. While the provisions in the first chapter involve similar events with the classical muhimme-i mektum registration books, the provisions in the second chapter have the same content as the classifying registration of the kal'abend registration book. The provisions in the first chapter are about the cases that took place within the borders of the Ottoman Empire and the precautions should be taken against these cases. Here, administrative and social issues are mainly included. In the second chapter, the punitive executions belonging to the Ottoman Empire are included. In the registration book, the cases belonging to different regions are encountered. Therefore, the cases and issues belonging to different regions of the Ottoman Empire and the precautions taken against them can be understood from the provisions in the registration book. Generally, acts contrary to the laws and rules that occur, as well as cases that disturb the peace in the region and involve activities such as banditry, etc. are included in the provisions. The attitudes and behaviors of the Ottoman Empire in the face of these cases and the precautions taken with the aim of eliminating the issues are clearly seen in the provisions. In the precautions taken, the punishment of the criminals is intensely at the forefront. Punishments included in the provisions in the registration book are death sentence, hard labor (penalty applied by rowing on ships), kal'abend confinement (confinement in a fortress), monastic confinement, deportation and compulsory residence penalty.

6284 Sayılı Kanun Kapsamında Tedbir Kararlarının Verilmesi Ve Uygulanmasına İlişkin Usul Ve Esasların Değerlendirilmesi

Author(s): Simge Aksu Kayacan / Language(s): Turkish Publication Year: 0

Within the scope of Law No. 6284, it is possible to take a protective cautionary decision with regard to the persons who are protected and a preventive cautionary decision with regard to the perpetrator of violence. The followings are the persons protected within the scope of this Law; the women, the children, the family members and the victims of stalking who have been subject to the violence or at the risk of violence. The followings are the authorities that can take a cautionary decision; the judge of family court, the administrative chiefs and law enforcement officers. The judge of family court can take both protective and preventive cautionary decisions, the administrative chiefs can only take a protective cautionary decision. In cases where delay is considered to be risky, the law enforcement officers can take some of the the protective cautionary decisions identified within this Law which can be taken by the administrative chiefs and some of the preventive cautionary decisions which can be taken the judge. The cautionary decision can be taken for the victims and perpetrators of violence within the scope of this Law upon request or ex officio. The cautionary decision can be taken for a six month period at most initially. No evidence or report providing violence is required in order to take a cautionary decision. The fact that the cautionary decision haven’t been pronounced or notified to those concerned does not constitute an impediment to implement the decision. With regard to the perpetrator of violence who acts contrary to the requirements of the preventive cautionary decision, the preventive imprisonment is ruled by a judicial decision even if the act constitutes crime. In each recurring action contrary to the requirements of the cautionary decision, the period of the preventive imprisonment is increased. But the total duration of the preventive imprisonment shall not exceed six months. The judge has no discretion with respect to decide on the preventive imprisonment in the event of violation of the cautionary decision. In order to decide on the preventive imprisonment, the cautionary decision must be pronounced or notified to the perpetrator of violence including the legal warning stating that in case of acting contrary to it the preventive imprisonment in respect to him will be issued. The cautionary decisions and decisions regarding to the preventive imprisonment may be appealed to the family court by the relevant persons. The decisions on appeal are final. In this paper, it is aimed to examine and evaluate the issues of making and implementing the cautionary decisions, acting contrary to the cautionary decisions, appealing against the cautionary decisions and the decisions regarding to the preventive imprisonment by making use of relevant legislation, scientific studies and judicial decisions, besides addressing and offering solutions to the problems encountered.

A bűn kollektív dimenziójának azonosítható sajátosságai a Szentírásban

Author(s): István Bakos / Language(s): Hungarian Issue: 3/2021

This study attempts to sketch the biblical and Christian ethical dimensions of collective crime by analysing biblical texts and terminology relevant to the topic. The definition and critique of collective crime was born in Germany in the aftermath of political, philosophical and legal debates after the second world war. The concept expressing the essence of the notion – namely that the whole community can be considered guilty for the crimes committed by individuals or a smaller group within the community – has led to several Neroic acts, having served as a legitimate ideological basis for dictatorships, extermination camps, war crimes, conceptional proceedings, and victimisations. Therefore the 20th century definition of collective crime cannot be sustained any longer either legally, or morally. It is clear nonetheless that some thoughts behind this concept are also familiar from the Bible, which is aware that the consequences of individual crimes affect an entire nation. However, the view which penalises the innocent for crimes committed by others, is foreign to the conceptual world of the Bible. In this study I point to biblical and ethical principles providing guidelines for dealing with collective crime and collective responsibility.

A comparison of two structured professional judgment tools for violent extremism and their relevance in the French context

Author(s): Martine Herzog-Evans / Language(s): English Issue: 1/2018

France has repeatedly been hit by terrorist attacks making the use of a structured professional judgement tool essential. Two such tools currently are used in Europe: VERA (Canada) and ERG 22+ (England and Wales). We compare these tools to assess which one would better suit the French context. We find that they have a lot in common in terms of their general content and intrinsic value. However, VERA’s main understanding of terrorism is ideology, whereas ERG’s perceives it as being essentially about identity. ERG was the first tool to introduce a measure for psychopathology; only VERA contains a list of protective factors. The two instruments were developed in similar ways with, for ERG, more emphasis on extremist offenders’ casework. Crucially, ERG 22+ has been developed on the basis of UK cases that are closer to the French extremist populations, with a legal threshold for what constitutes a terrorist or an assimilated terrorist offence, which is similarly low. Lastly, ERG’s structure is simpler and contains less items requiring access to classified data, a crucial factor in a jurisdiction with little interagency information sharing. Although the two tools are intrinsically comparable, ERG seems overall better suited to the French context. This exploratory conclusion ought to be confirmed with field comparisons.

A Criminological Analysis of Trans-Border Crimes of Illela-Birnin Konni Corridor

Author(s): Ishaq Karofi USMAN / Language(s): English Issue: 24/2022

The paper explores the causes and effects of trans-border crime on two border communities: Illela and Birnin Konni border towns. The persistence and consistency of trans-border crime issue inspired the desire to carry out a study from which this paper emanates. The strain/ anomy theory and differential association theories were used as guides to the problem examined in the paper. Snowball and purposive or judgmental sampling procedures were adopted and a sample size of 271 respondents was chosen. This figure was arrived using Raosoft 2004 sample size of calculator by using 5% marginal error, 90% confidential level and 50% respondent distribution. Mixed methods of qualitative and quantitative were adopted. While questionnaire was designed and administered to designated respondents for the qualitative method, interview sessions were conducted with one each selected staff from the Customs, Immigration, Police Force, NDLEA and Civil Defense. There was 57.6 % response rate as 156 respondents out of 271 returned the questionnaire given to them and three (3) key informants were interviewed. The paper found smuggling of petroleum products as the major (89%) trans-border crime with poverty as the leading cause of transborder crime as indicated by (38.3%) of the respondents. The paper then recommends that parent should instill discipline on their wards/children and proper socialization to avoid peer group influence on their children.

A Framework for a Restorative Society? Restorative Justice in Northern Ireland

Author(s): Vicky Conway,Brian Payne / Language(s): English Issue: 2/2011

Presenting findings of an unparalleled study, mapping the extent of restorative practices in Northern Ireland, this article argues that while some examples of the use of restorative justice in Northern Ireland have been researched in detail, it is in fact being employed in a much wider range of contexts, including schools and children’s care homes. This diversity in restorative justice deployment is used to frame arguments for restorative justice to be given stronger footing by government citing the great potential for Northern Ireland to become a ‘restorative society’. Key findings from the mapping research are presented as an explanation for previous growth in restorative practices to date and as a facilitator for further growth both in Northern Ireland and in other jurisdictions. These include recognition that the definition and application of restorative justice must be determined by situation and context, and that the continued expansion of restorative practices is dependent on the cross-fertilisation of ideas both from abroad, but also between organisations within a jurisdiction.

A Half-Century of Experiences with the Polygraph

Author(s): Jan Widacki / Language(s): English Issue: 1 (51)/2020

A home is more than a roof over your head: Post-prison reintegration challenges in Austria

Author(s): Doris Schartmueller / Language(s): English Issue: 1/2020

Life after prison can pose challenges for the formerly incarcerated, their families, and wider communities. This research studies Austria where probation services are either mandated by the court or sought voluntarily after prison. Through semi-structured interviews with formerly incarcerated individuals, reintegration experiences from their perspectives are examined. The narratives emphasized social factors that either assuage or complicate life after prison. The main factors addressed were stable housing, the maintaining and (re)building of relationships, and employment. Overall, a lack of stable housing appeared to complicate life after prison the most and also negatively affected relationships and employment. For some, life after prison was further exacerbated by immigration status and a perceived stigma related to the nature of one’s convictions. This study shows the importance of working towards a better understanding of the social context individuals are released into after prison to better meet their individual needs and to counteract recidivism.

A human rights-based approach to community justice: Adding value to desistance focused practice

Author(s): David Cross / Language(s): English Issue: 2/2017

The article explores what is meant by a human rights-based approach to supervision and how such an approach can converge with desistance focused practice in order to impact on its effectiveness. Placing the discussion in the wider context of human rights developments in social services and of desistance focused approaches to effective supervision in the community, I explore the extent to which a human rights approach can add legitimacy to a desistance approach, identifying common themes between the approaches that would support this case. My findings support the contention that a human rights-based approach to supervision can add value to practice that supports desistance from crime.

A Hundred Years of Polygraphy: Some Primary Changes and Related Issues

Author(s): Frank Horvath / Language(s): English Issue: 1 (51)/2020

A Literary Aesthetics of War Crime

Author(s): Rafe McGregor / Language(s): English Issue: 61/2021

In order to develop a literary aesthetics of war crime, I examine the phenomenon of moral immunity in military memoir. Using three paradigmatic examples of memoirs of unjust wars characterised by the routine perpetration of war crimes, I argue that moral immunity is achieved by means of three literary devices: literary irresponsibility, ethical peerage, and moral economy. I then employ the proposed literary aesthetics of war crime to provide an answer to the perennial question of the relationship between literature and morality as well as to two specific instantiations of this question, the value interaction debate in literary aesthetics and the ethics of reading in literary theory. My conclusion is that the literary aesthetics of war crime demonstrates both that there is a systematic relationship between aesthetic value and moral value and that there is no systematic relationship between literary ambiguity and moral uncertainty.

A NEW SOCIAL IDENTITY. INCARCERATION OF YOUTH OFFENDERS

Author(s): Oana-Andreea Murgeanu-Manolache / Language(s): English Issue: 2/2021

The topic of interest in this paper is the ex-inmates reintegration process after being released from prison, especially obtaining and maintaining employment. Attaching a criminal stigma has a specific symbolic meaning for inmates and their sense of social identity. Identity is considered to consist of many self-identification labels, which often reflect the individual's life experiences and structural opportunities. However, these labels do not sum up the whole human being, but this "new" identity will be the one that will try to obtain and maintain a job after being released from prison.

A new systemic taxonomy of cyber criminal activity

Author(s): Matej Babič,Damir Purković / Language(s): English Issue: 1/2020

Cybercrime commonly refers to a broad range of different criminal activities that involve computers and information systems, either as primary tools or as primary targets. Cybercrime Science combines the methodology of Crime Science with the technology of Information Security. The few existing taxonomies of Cybercrime provide only general insights into the benefits of information structures; they are neither complete nor elaborated in a systemic manner to provide a proper framework guided by real system-principles. The main problem with such taxonomies is the inability to dynamically upgrade, which is why there is no timely cybersecurity actions. The current and past approaches were based mainly on the technical nature of cyberattacks and such approaches classified the impact of the activities from a criminological perspective. In this article, we present a systemic taxonomy of Cybercrime, based on definitions of the field items and the related data specifications. We develop a new method for estimating the fractal dimension of networks to explore a new taxonomy of Cybercrime activity. This method can serve to dynamically upgrade taxonomy and thus accelerate the prevention of cybercrime.

A Reflection on the Survival of Fahrudin Meminović

Author(s): Keith D. Doubt / Language(s): English Issue: 4/2020

It is difficult to understand the executioners of the genocide in Srebrenica. What were they doing? Why were they doing it? What were they thinking? How could they have done what they did? In Srebrenica MCMXCV [2017], Emir Suljagić recounts a testimony from an executioner told to the International Criminal Tribunal for the former Yugoslavia after a massacre near Srebrenica in July 1995: From that pile, that heap of dead bodies that did not resemble human bodies any more, a human being emerged. I said human being, but it was actually a boy, five or six years old. It was unbelievable. Unbelievable. A human being came out and started walking towards a path, a path along which men were standing, doing their job, carrying automatic rifles… And then, out of nowhere they all put their guns down and all of them were just paralysed. And it was only a child in front of them. . . . And this child was covered in the tissue and intestines of other humans . . . And this child emerged from the pile of executed people, calling: «Babo»…. this is their word for father. The boy said, «Babo, where are you?»

A Study on the Comprehensive Comparison between Indigenous Cattle Rustling and Modern Cattle Rustling in West Pokot County, Kenya

Author(s): Andrew Gitau Kimani,Casper Masiga / Language(s): English Issue: 12/2020

Evidence of change in cattle rustling practice among pastoralist communities worldwide has been noted with globalisation, education, and modernisation, among other factors. However, there is little known about transformation in men and women’s involvement in this practice in the wake of easy accessibility of small and light weapons (SALWs) and breakdown of the traditional leadership and control systems. This paper examined the transformation in cattle rustling practice among the Pokot community in West Pokot county. This study’s target population included adult residents of Pokot community, community elders, opinion leaders, political and administrative leaders, and local and international NGOs dealing with cattle rustling issues in West Pokot county. Multi-stage sampling technique was used to recruit 350 respondents. An unstructured questionnaire, a critical informant interview guide, a focus group discussion guide, and an observation guide were used to collect primary data. Qualitative data collected was analysed using patterns and critical themes of this particular objective. Quantitative data analysis was organised using the SPSS software version 2.0 and analysed using various descriptive statistics. The findings indicated that transformation in cattle rustling had seen a cultural activity for the young people to demonstrate their courage and wit and become a murderous criminal endeavour. The community no longer benefits from cattle rustling, but only a few are driven by greed to reap where they never sow. Illiteracy, poverty, unemployment, community conflicts, possession of firearms and insecurity were identified as the leading causes of cattle rustling. Access to formal education has seen many in the school-going age among the West Pokot get exposed to literacy, which has gradually recorded a positive transformation about its cattle rustling practices. Based on the findings, the paper makes the following recommendations to address the problem of cattle rustling among the people of West Pokot County: Enlightenment on contemporary ways of life; formal education among the Pokot to be advocated for; enhancing Security in West Pokot; opening a platform for peace talk and persuasions and operationalising the Eastern Africa Police Chiefs Cooperation Organisation (EAPCCO) protocol.

A testimony for the future

Author(s): Mitra M. Reljić,Aleksandra Ž. Novakov / Language(s): English,Serbian Issue: 3/2021

Olivera Radić, The Voices of Kosovo and Metohija. Belgrade: Institute for Textbooks, 2021, 499 pp.