On leaving criminal organizations

Terrorist organizations, groups, cells or just ‘bunches of guys’ are systematically compared with other types of criminal or deviant organizations: organized crime such as the mafia, street gangs and religious sects. Of course there are many differences between them, especially where motivation is concerned, but they share the common factor that it is almost impossible or very difficult for individual members to step out. However, de-radicalization may follow analogous paths: aging out, accepting exit programs in prison or disengaging ideologically. The article discusses the obstacles that a government strategy that encourages desistance from terrorism by stepping out may encounter. It may be sufficient and more realistic to discourage radicals from using violence than to try to de-radicalize them by using counternarrative techniques.     

Reasons for refraining from criminal activity

In order to establish the relative importance of reasons for not engaging in illegal activities, respondents were administered a questionnaire containing a list of possible factors that could account for not committing crimes, and were then asked to rank them. Multidimensional scaling analyses revealed the underlying structure of these factors. Specifically, respondents tended to structure their reasons based on the formality/informality of a negative consequence and the relative seriousness of a sanction.     

Developments in criminal law and criminal justice

LL.B., Victoria University of Wellington 1969; J.S.M., Stanford University 1972.     

Developments in criminal law and criminal justice

Conclusion It follows from what has been said above that history, principle, and authority combine to compel the conclusion that § 80's guarantee of trial by jury precludes a verdict of guilty being returned in a trial upon indictment of an offence against a law of the Commonwealth otherwise than by the agreement or consensus of all the jurors. That being so, § 57 of the Juries Act, 1927, cannot, consistently with § 80, operate to authorize the conviction of either of the appellants by a majority verdict. Their convictions were unconstitutional and must be set aside.The appeal should be allowed. The orders of the South Australian Court of Criminal Appeal should be set aside and in lieu thereof it should be ordered, in the case of each appellant, that the appeal to that court be allowed, that the conviction be quashed and a new trial ordered.B.A., Columbia University 1972; J.D., Hofstra University 1975.     

Developments in criminal law and criminal justice

Developments in criminal law and criminal justice     

Storage time for criminal trace evidence

The article discusses the question if and under what conditions trace evidence may be stored for DNA analysis. The authors report on several cases in which methodological improvements or even the introduction of DNA technology itself helped to identify the perpetrator or to rule out a suspect, who may already have been wrongly convicted, many years after the offence. Under medical and scientific aspects these cases seem to speak in favour of unlimited storage. German law does not contain explicit regulations on the storage of trace evidence of unknown origin, although it seems admissible under existing law. In view of a minor need of protection as against a high interest in the preservation of trace evidence, storage for an unlimited period of time seems necessary.     

Regionalized personnel development for criminal justice employees

The Dayton/Montgomery County Criminal Justice Center is a first attempt at systematic personnel development for an entire criminal justice system on a regional level. Through its work in training and education, communications, career pathing and development, and system change, the Center has promoted the idea of an improved, symbiotic relatioship among the major branches of the criminal justice system, and has acted as a catalyst for needed systemic change.     

A general model for criminal justice planning

Criminal justice agencies have fallen under harsh criticism for their seeming inability to expand and adapt at a rate commensurate with the accelerated growth of crime. A general planning model for criminal justice agencies is suggested to help effect the establishment of orderly, systematic, and continuous processes of setting objectives, anticipating the future and bringing these anticipations to bear on critical present decisions.     

Identifying criminal predators, sentences, and criminal classifications

This paper speculates that due to antiquated criminal predator identification that the courts render less prison time to predators who continually commit abominable forms of crime than to first time violent offenders who were controversially convicted of the crime of murder. A sample of 89 respondents includes 61 males and 28 females incarcerated in high custody penitentiaries. The findings show that many predators are rarely charged and/or convicted of heinous predatory acts consequently their prison sentences averaged an eight year confinement as compared to nonpredators with an average of 25 years to life, often without parole. The hypothesis was supported and a criminal offender classification was created to explain various offender profiles. One implication of this finding is that methods of crime control including criminal profiles are inadequate to deal with one of America's worst problems—predatory attacks. An assumption that arises from this implication is that crime control is linked to popular myths produced by the media and therefore predators largely go unchecked. Further research should be concluded to determine efficient methods of intervention for various categories of predators.     

Extraterritorial criminal jurisdiction: Its impact on criminal justice

Public international law recognizes the right of states to protect themselves and their subjects against threats and damage from within their territory and outside. In the international sphere, the means and methods of national protection are restricted by the extraterritorial jurisdiction of courts and the laws they enforce.Criminal justice today is being confronted on an ever increasing scale by international criminal offenses that impinge on domestic concerns: drugs, securities and financial manipulations, money laundering, and terrorism, to mention only a few. This article discusses some of the issues that arise under the United States Constitution when criminal justice agencies are called upon to enforce U.S. laws beyond U.S. territorial limits. The principles of extraterritorial jurisdiction are discussed along with a number of United States court cases pointing to the importance of this new area of criminal justice.     

试论刑事政策与国际刑法的关系

刑事政策是对犯罪有组织的反应,国际刑法以研讨国际犯罪为己任,对国际犯罪的研究需要以刑事政策为视角。本文通过分析刑事政策的含义及其国际化特征与国际刑法的发展方向,在刑事政策的视野下,揭示国际刑法的发展趋势——刑事政策的国际刑法化与国际刑法的刑事政策化,进而把握刑事政策与国际刑法两者的契合性。     

Publication productivity of criminal justice faculty in criminal justice journals

An important dimension of university faculty life is publication expectation. Often the level of publication productivity is used to assess general program prestige or to evaluate individual faculty performance. The publication rates of faculty in PhD and master-level programs have been unclear. This study examined the publication rates using a general list of criminal justice journals, and a select list of the leading journals, over a five-year period. The faculty members were located in criminal justice programs that granted PhD and master degrees. Publication productivity rates were established for the two different degree level programs, and the institutions with the strongest publication rates were identified. Publication rates are only one factor used in the assessment of program quality and the relationship of publication rates to other program features is discussed.     

Comparative criminal justice

Present state of electronic technology makes it possible for state authorities to control citizens' activity in every moment oh his/her life. On the other hand none of us want to be controlled this way and democratic rights shall guarantee our privacy to be preserved. Yet proactive police techniques can be useful in protecting us against those of our co – citizens who do not respect the legal order. The criminal investigation nowadays cannot exist without using proactive techniques – no matter if it takes place in Poland or USA. Thus the problem emerges how to choose when these techniques should be used and who should make this decision. The key-guarantee of respecting human rights in this case is external control of police activities. Proactive techniques are usually kept secret; therefore control seems to be impossible. Disclosure in criminal trial is the necessary condition for preventing abuses. Post fact revealing of all the actions taken by the Police is the best way to ensure legality. Both Polish and American legal systems try to balance the right to a fair trial and efficiency of an investigation. Surveillance, infiltration and police "provocation" are used in both countries but the legal solutions are quite different; especially considering checks and balances. It seems that polish legislator intentionally omitted most strict limitations as they cause problems for state authorities. Police lobby must have been much more effective than "human rights" lobby. Analyzing the level of protection of the citizen during criminal trial, it must be noticed that current American solutions are much more appropriate.