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651.
David J. Francis 《Democratization》2013,20(4):139-165
The wave of democratization in the 1990s has brought considerable challenges and opportunities for post‐cold war Africa. One such challenge is the democratic intervention of the Economic Community of West African States (ECOWAS) under the aegis of the multilateral intervention force, ECOMOG, to restore a democratic government and constitutional order. The ECOWAS democratic intervention in the West African state of Sierra Leone can be located in a wider debate about international dimensions of democratization. In several respects, it also reflects the changing nature of international politics in the post‐cold war period particularly with regards to certain traditional norms of international society, namely non‐intervention and state sovereignty. The ECOWAS democratic efforts in Sierra Leone demonstrate that it is increasingly becoming acceptable for regional and international organisations to ‘defend’ democracy, albeit under the auspices of forcible as well as non‐forcible humanitarian intervention. However, these kinds of external intervention on behalf of democracy have in most cases led to its retrenchment. This article therefore critically assesses how the nature of domestic politics led to the suspension of democracy in Sierra Leone, the domestic and international implications of the ECOWAS defence of democracy there and the country's post‐conflict democratic prospects. 相似文献
652.
Over the past decade small arms and light weapons availability has been singled out as one of sub-Saharan Africa's highest profile challenges. Yet the construction of the threat of arms availability as one of authorised trade and illicit trafficking across international borders has resulted in a narrow focus on regulating lawful exports and imports and brokers. While these are real and legitimate concerns, the authors contend that small arms and light weapons availability should be re-evaluated as a complex social phenomenon involving dynamic supply and demand dimensions. A limited emphasis on controlling authorised transfers to war zones glosses over the challenges of illegal markets, the gradual emergence of national arms production capacities across Africa and the systematic diversion of weapons and ammunition surplus from the domestic stocks of security services into civilian hands. It also obscures a more dynamic landscape of armed violence across the continent which extends beyond war zones. Whilst the conventional interpretation of arms availability is favoured by African diplomats and international arms control experts, such a reading potentially obscures the weaknesses of security governance and the myriad motivations and means shaping small arms and light weapons acquisition and misuse amongst armed groups and civilians. 相似文献
653.
Anthony Francis Tissa Fernando 《Commonwealth Law Bulletin》2013,39(2):173-212
The article concentrates on the several legal issues that have come up in piracy trials before the Supreme Court in relation to jurisdiction, human rights, joint and secondary party liability, attempts, mens rea, presumption of piracy from those found cruising the high seas with weapons and sentencing. The article also deals with factual issues in relation to determining; the identity, age, nationality of accused and time of attack due to different time zones, placing reliance on GPS, video, photographic and hearsay evidence and use of system evidence from the common pattern followed by a typical piracy action group. 相似文献
654.
Anthony Francis Tissa Fernando 《Commonwealth Law Bulletin》2013,39(2):254-268
In Seychelles, the mens rea of murder can be established, as an alternative to an intention to cause death or grievous harm, on the basis of the defendant’s ‘knowledge’ that the act or omission causing death will probably cause death or grievous harm. However, a defendant is only allowed to plead intoxication as a defence where it had become impossible for him to form the necessary ‘intention’ due to intoxication. This article highlights the difficulties in the application of the defence of intoxication to cases where the mens rea for murder is based purely on a defendant’s ‘knowledge’. In analysing the defence of intoxication in Seychelles in cases of murder, the article examines the position under English and Australian law. 相似文献
655.
The Supreme Court of Canada recently issued a trilogy of decisions pertaining to suspects' right to legal representation. These rulings further a major difference between the US and Canadian law: Canadian criminal suspects have far less access to legal counsel than suspects in the USA. This paper summarizes these decisions and draws comparisons between Canadian and the US criminal procedure with respect to a suspect's rights to legal representation. We present preliminary data on Canadian citizens' misunderstanding of criminal suspects' right to counsel and also Canadian legal professionals' opinions about the right to counsel. We recommend empirical investigation of the hypothesis that Canadian suspects are more likely than the US suspects to make false confessions. 相似文献
656.
Troy Allard Sue Rayment-McHugh Dimity Adams Stephen Smallbone Nadine McKillop 《Journal of Sexual Aggression》2013,19(1):82-94
AbstractMost studies that have explored the impact of youth sexual offender treatment on recidivism have not assessed whether effectiveness varies for important subgroups. The present study evaluated the impact of treatment provided by the Griffith Youth Forensic Service (GYFS) on 104 adjudicated youth sexual offenders referred between 2006 and 2012. Sexual, violent and “other” offending outcomes were examined, based on Australian Indigenous cultural heritage and whether the youth resided in a remote community, over an average 2.5-year follow-up timeframe. The findings indicated that GYFS treatment was equally effective for Indigenous and non-Indigenous youth for preventing sexual recidivism and, for youth residing in remote and non-remote locations, for preventing sexual, violent and “other” recidivism. Treatment was less effective in preventing violent and “other” recidivism for Indigenous youth. The core components of the GYFS treatment programme therefore appear particularly well suited for reducing sexual recidivism by Indigenous offenders and those residing in remote communities. 相似文献
657.
Bradley J. Adams PhD Erin Butler MS Stephanie M. Fuehr MA Fransheska Olivares-Pérez MS Alexandra Semma Tamayo MSc 《Journal of forensic sciences》2024,69(2):391-399
Age estimation is an important component of decedent identification. When assessing adult remains, anthropologists frequently use gross examination of skeletal elements, such as clavicles, ribs, and pubic symphyses. For fleshed bodies, this requires the removal of these elements and maceration prior to analysis. A new method was developed using radiographic imaging to estimate age from degenerative changes of the lower thoracic and upper lumbar vertebrae. This technique will complement anthropological age estimation methods in young and middle-aged adults and may serve as a stand-alone method for older individuals. Digital radiographs from 240 medical examiner cases were evaluated. The sample included 120 females and 120 males between the ages of 18 and 101 years. A 3-phased scoring system was used for the target vertebrae. Transition analysis was conducted on binned average scores and a Bayesian approach was used to assign age intervals. At the 90% credible interval, individuals in Bin 1 were under 36 years of age while those in Bin 3 were over 47 years of age. Individuals in Bin 2 showed too much age variation to be informative. No significant differences were found between males and females. These findings will be especially useful in the age estimation of older adults and may eliminate the need for skeletal sampling in medicolegal cases where advanced degenerative changes are radiographically observed in the lower thoracic and/or upper lumbar vertebrae. This method was developed for use on fleshed individuals but may also be applicable to skeletonized remains. 相似文献
658.
As early as the 1970's, privacy studies recognised that ‘anonymisation’ needed to be approached with caution. This caution has since been vindicated by the increasing sophistication of techniques for reidentification. Yet the courts in the UK have so far only hesitatingly grappled with the issues involved, while European courts have produced no guidance. 相似文献
659.
From time to time the Court of Appeal feels the need to steer inferior courts and tribunals away from an over-enthusiastic application of a particular direction of travel signposted by its own previous decisions. In the Edem judgment, published on 7 February 2014, the court has taken the opportunity to restrict significantly the application of its decision more than a decade ago in Durant v. Financial Services Authority, 1 a case that has been relied on by many commercial data protection practitioners to deny subject access or the wider application of the Data Protection Act 1998 on the grounds that the data were not personal in that they did not relate to the individual in question even though the individual's name appeared as part of the data. 相似文献
660.
Previous research suggests that school-based and electronic victimization have similar negative consequences, yet it is unclear
whether these two contexts offer overlapping or unique associations with adolescents’ adjustment. 802 ninth-graders (43% male,
mean age = 15.84 years), majority being Caucasian (82%), completed measures assessing the prevalence of school and electronic
victimization, as well as self-reports on self-esteem, self-efficacy, anxiety, depressive symptoms, and locus of control.
Results revealed that the majority of adolescents did not report being victimized in either the electronic (75.3%) or the
school (72.9%) context. Victimization in both contexts was associated with lower self-esteem and self-efficacy as well as
higher stress, anxiety, depressive symptoms, and locus of control. Importantly, even after controlling for school-based victimization,
electronic victimization remained as a significant predictor for all outcome measures. Different types of electronic victimization
were also associated with different psychological outcomes. The findings suggest that it is important to distinguish between
victimization contexts and specific adjustment outcomes as school and health officials continue to battle the effects of peer
victimization. 相似文献