Northern Rock's own account of adequacy of its risk managementApplicable ARROW Framework to FSA supervision of Northern Rockand its account of its discharge of its supervisionKeeping faith with risk-based regulation    相似文献   

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Intimate partner violence against women. Does violence decrease after the entry of the alleged offender into the criminal justice system?     
Paulo Vieira-Pinto  JoséIgnacio Muñoz-Barús  Tiago Taveira-Gomes  Maria João Vidal-Alves  Teresa Magalhães 《法庭科学研究(英文)》2022,7(1):53
Intimate partner violence(IPV)is simultaneously assumed as a serious crime and a major public health issue,having recurrences as one of its main characteristics and,consequently,re-entries of some alleged offenders in the criminal justice system(CJS).The main goal of this study is to assess if in cases of female victims of IPV,violence decreases after the first entry of the alleged offender in the CJS.A retrospective study was performed based on the analysis of police reports of alleged cases of IPV during a 4-year period.The final sample(n=1488)was divided into two groups according to the number of entries in the CJS(single or multiple)followed by a comparative approach.Results suggest that violence decreases after the first entry of alleged offenders in the CJS.Re-entries were found in only 15.5%of the cases but they were accountable for 3.3 times more crimes on average.Besides,victims of recidivism presented more injuries and required more medical care.Thus,a small group of alleged offenders seems to be more violent and accountable for most of the IPV crimes registered in the CJS suggesting that regardless of legal sanctions aiming to deter violence,these measures may not be enough for a certain group of offenders.This study sustains the need for a predictive model to quantify the risk of repeated IPV cases within the Portuguese population.  相似文献   

6.
The crimes of the homeless or the crime of homelessness? On the dialectics of criminalization,decriminalization, and victimization     
Gregg Barak  Robert M. Bohm 《Crime, Law and Social Change》1989,13(3):275-288
This paper is a limited attempt to synthesize the older and newer trends in radical criminology — to integrate the issues of criminalization, decriminalization, and victimization. The object of our endeavor is homelessness and how society responds to it. In the paper, we first examine the dialectics of criminalization, homelessness, and economic crisis in relation to some of the general trends in the developing political economy of welfare capitalism. Second, we argue that criminologists should support and focus on effort to criminalize the condition of homelessness and, at the same time, to decriminalize most of the acts of survival of the homeless. In pursuing this end, we urge criminologists to respond by doing things with rather than for or to the homeless. Ultimately, we hope this paper contributes to the ideological and practical struggle for achieving stable institutional methods for satisfying basic human needs.  相似文献   

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Armed,but too dangerous? Factors associated with citizen support for the militarization of the police     
Brian Lockwood  Matthew D. Doyle  John G. Comiskey 《Criminal Justice Studies》2018,31(2):113-127
Images of police officers riding in armored vehicles and carrying military-grade weapons have become part of the public consciousness following the events in Ferguson, Missouri and several other high-profile police–citizen encounters. Although a great deal of research has investigated how and why US citizens perceive the police in various ways, almost no empirical work has asked how citizens perceive the militarization of the police. The current study analyzes data from a survey of 1005 US citizens to identify characteristics that are related to support for the use of military weapons and vehicles by local police departments. The results indicate that several demographic factors and perceptions of crime and the police are significantly related with citizen support for the militarization of the police. The implications of this research are discussed.  相似文献   

8.
Developments of interest to the Commonwealth in the regulation of international disaster response, 2008–09     
David Fisher 《Commonwealth Law Bulletin》2013,39(4):755-764
This article summarizes key developments of interest to the Commonwealth in the regulation of international disaster response over the last year. It includes discussion of global and regional instruments impacting on Commonwealth states as well as steps taken at the national level by some Commonwealth members.  相似文献   

9.
Back to the future? Diabetes, HIV, and the boundaries of public health     
Fairchild AL  Alkon A 《Journal of health politics, policy and law》2007,32(4):561-593
The control of infectious diseases has traditionally fallen to public health and the clinical care of chronic diseases to private medicine. In New York City, however, the Department of Health and Mental Hygiene (DOHMH) has recently sought to expand its responsibilities in the oversight and management of chronic-disease care. In December 2005, in an effort to control epidemic rates of diabetes, the DOHMH began implementing a bold new plan for increased disease surveillance through electronic, laboratory-based reporting of A1C test results (a robust measure of blood-sugar levels). The controversy A1C reporting produced was relatively contained, but when Dr. Thomas Frieden, New York City health commissioner, called for the state to begin tracking viral loads and drug resistance among patients with HIV, both the medical community and a wider public took notice and have started to grapple with the meaning of expanded surveillance. In the context of the past century of medical surveillance in America, we analyze the current debates, focusing first on diabetes and then HIV. We identify the points of contention that arise from the city's proposed blend of public health surveillance, disease management, and quality improvement and suggest an approach to balancing the measures' perils and promises.  相似文献   

10.
Too Fine to be Good? Issues of Granularity,Uniformity and Error in Spatial Crime Analysis     
Ramos  Rafael G.  Silva  Bráulio F. A.  Clarke  Keith C.  Prates  Marcos 《Journal of Quantitative Criminology》2021,37(2):419-443
Journal of Quantitative Criminology - Crime counts are sensitive to granularity choice. There is an increasing interest in analyzing crime at very fine granularities, such as street segments, with...  相似文献   

11.
How many tiers of criminal justice in England and Wales? An approach to the limitation on fair trial rights     
Dat T. Bui 《Commonwealth Law Bulletin》2013,39(3):439-465
This article proposes a recognition of five tiers of criminal justice reflecting five degrees of limitation on fair trial rights instead of the traditional notion of two tiers of indictable and summary processes in England and Wales. Over the last 15 years, the radical transformation of summary criminal processes has challenged the idea of ‘two tiers of justice’. Such measures as preventive orders, out-of-court disposals and regulatory offences process, which are characterised by higher levels of restriction on due process rights in comparison with the traditional summary process in Magistrates’ Court, should be considered new tiers.  相似文献   

12.
Who is Afraid of Punishing Aggressors?: On the Double-Track Approach to International Criminal Justice     
Zolo  Danilo 《Journal of International Criminal Justice》2007,5(4):799-807
Since 1947, no alleged crime of aggression has ever been prosecuted,in spite of the many instances in which states have committedacts of aggression with the Security Council sometimes deemingan act to be such. A dual system of international criminal justicehas taken shape slowly. Crimes consisting of serious violationsof jus in bello, that is, war crimes, usually considered lessegregious than the crime of aggression, have been severely prosecutedand punished, in particular by the International Criminal Tribunalfor the former Yugoslavia (ICTY). Yet, the ‘supreme internationalcrime’ — aggressive war — mostly committedby political and military authorities of major powers, has beenignored and its perpetrators still occupy the summit of internationalpower undisturbed.  相似文献   

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“[It's] what you do after the mistake that counts”: Positive employment credentials,criminal record stigma,and potential pathways of mediation     
Megan Denver  Samuel E. DeWitt 《犯罪学》2023,61(1):5-39
The findings from prior research indicate that positive credentials, or documentation of prosocial accomplishments, can vary in strength and perceived value in mitigating aversions to hiring individuals with criminal records. In the current study, we examine why certain types of positive credentials may be more influential in reducing stigma than others. Using data from a nationwide survey of American adults (N = 3,476), we combine a mediation analysis with content-coding of open-ended responses to identify key themes and patterns in decision processes. The results indicate the factors examined here—employee dependability, trustworthiness, recidivism risk, and workplace crime—explain a large proportion of the total effect across credentials and are the strongest for reference letters. Trustworthiness is the most influential mediator across credentials, whereas general recidivism risk is consistently the lowest. An analysis of open-ended responses provides further context and insight into these patterns. Although policy strategies often target risk reduction on the employer's end, credentials that also relay information about skills, character, and the timeline of recent life events are especially influential.  相似文献   

16.
Excessive PCBs in the Hudson River: Attributable to Incompleteness of Dredging,or to Seven Years of Dredging?     
Robert A. Michaels  Uriel M. Oko 《环境索赔杂志》2017,29(2):115-140
GE recently completed a seven-year US EPA-mandated clamshell dredging project to remediate PCB contamination of the Hudson River. Post-project PCB levels in water and fish, however, are higher than anticipated, suggesting to some the need to extend the project to remove more PCB-bearing sediments. Our investigation of the effectiveness of the dredging project revealed that a previously unconsidered physical process must mobilize sediments as a result of dredge bucket closure. We also used computerized dredging data (‘bucket files’) to estimate the fraction of dredged sediments returned to the river instead of being deposited into waiting barges. We conclude that excessive post-project PCBs in the Hudson River predominantly are attributable to sediment mobilization by clamshell dredges. We predict that proposed extension of the dredging project would prolong mobilization processes, allowing PCBs to spread widely and enter ecosystems that include people, endangered fish such as sturgeon, and endangered birds such as bald eagles.  相似文献   

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Criminalizing Health-Related Behaviors Dangerous to Others? Disease Transmission, Transmission-Facilitation, and the Importance of Trust     
Leslie Pickering Francis  John G. Francis 《Criminal Law and Philosophy》2012,6(1):47-63
Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First, they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission of infectious disease and even for HIV/AIDS, despite claims of AIDS exceptionalism. Second, although there are examples of individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose, and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease, problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing nature of infectious disease.  相似文献   

19.
‘No,buddy, I will not speak to the press – I am working!’: criminal justice and the interprofessional dynamics of communication production in the Chilean Public Prosecutorial Office     
ISABEL ARRIAGADA  MARIANNE GONZÁLEZ LE SAUX  JAVIER WILENMANN  FELIPE ÁGUILA 《Journal of law and society》2023,50(2):185-207
This article analyses the interprofessional dynamics of communication production in the criminal justice system. Through 26 in-depth interviews, we investigate the production of media information on prosecutorial work in Chile, tracking the relationships between internal communication agents, prosecutors, and external legal journalists. Previous scholarship has shown the success of police organizations in defining the content of crime communication based on asymmetrical power relations with the media. By contrast, our study reveals that legal journalists can bypass attempts to control the flow of information from the prosecutorial office and impose extra-organizational goals. Lawyers regularly dismiss the work of journalists, particularly those working as strategic communication advisors with prosecutors, but the asymmetrical relationship between the criminal justice agency and the media plays in favour of external legal journalists. Our article considers several explanations for this configuration, including interprofessional values, transactional relationships between journalists and prosecutors, and local legal culture.  相似文献   

20.
One law to rule them all? The reach of EU data protection law after the Google v CNIL case     
《Computer Law & Security Report》2021
Google v CNIL is, arguably, one of the landmark cases of EU data protection law and it has been an important development regarding its territorial reach. The judgment's findings in this regard have been controversial and have led to much discussion about their legitimacy and potential repercussions. This paper examines two aspects of this case. First, it considers the holdings of this judgment regarding the global application of EU law in relation to international law and sovereignty. This article argues that though EU decision-makers might have a degree of ‘data imperialism’ in their thinking, this judgment is not at odds with neither international law nor sovereignty. Second, the paper examines the methodology of the Court and the role it accorded to the Charter of Fundamental Rights of the EU– an aspect that many commentators overlook. In this regard, I argue that the Court's methodology was problematic and that it failed to duly consider the role of the Charter, thus fragmenting EU law.  相似文献   

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The first 150 words of the full text of this article appear below. Key points
  • The run on Northern Rock that took place in September2007 has raised some serious questions about the ‘fitnessfor purpose’ of the institutions and techniques of financialregulation in the United Kingdom.
  • One defining feature of theFinancial Services Authority (FSA) in the development since1998 of its role as a unitary and integrated financial regulatorhas been its pioneering of ‘risk-based’ and ‘principles-based’regulation.
  • The way in which risk-based supervision was appliedto Northern Rock and the way in which risk-based regulationworked within it have been the subject of much public scrutinyafter the run on the bank and some elements of that scrutinyare highlighted here.
  • In the light of the real distinctionsbetween risk and uncertainty that have been drawn by scholarsand indeed by the FSA itself in defence of its actions aroundNorthern Rock, this article raises questions about the wisdom. . . [Full Text of this Article]
 
   1. Introduction    2. Northern Rock and the performance of risk-based regulation    3. Concluding comments
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