Search results for: formal and informal criminal control
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 11937

Search results for: formal and informal criminal control

11697 The Consequence of Being Perceived as An 'Immodest Woman': The Kuwaiti Criminal Justice System’s Response to Allegations of Sexual Violence

Authors: Eiman Alqattan

Abstract:

Kuwaiti criminal justice system’s responses to allegations of sexual violence against women during the pre-trial process, suggesting that the system in Kuwait is affected by an ethos that is male dominated and patriarchal, and which results in prejudicial, unfair, and unequal treatment of female victims of serious sexual offenses. Data derived from qualitative semi-structured face-to-face interviews with four main groups of criminal justice system personnel in Kuwait (prosecutors, police investigators, police officers, and investigators) reveal the characteristics of a complaint of sexual violence that contribute to cases being either sent to court or dismissed. This proposed paper will suggest that Arab cultural views of women appear to influence and even shape the views, perceptions, and conduct of the interviewed Kuwaiti criminal justice system personnel regarding complaints of sexual violence made by citizens. Data from the interviews show how the image of the ‘modest woman’ that exists within Arabic cultural views and norms greatly contributes to shaping the characteristics of what the majority of the interviewed officials considered to be a ‘credible’ allegation of sexual violence. In addition, it is clear that the interviewees’ definitions of ‘modesty’ varied. Yet the problem is not only about the stereotypical perceptions of complainants or the consequences of those perceptions on the decision to send the case to court. These perceptions also affected the behaviours of criminal justice system personnel towards citizen complainants. When complainants’ allegations were questioned, investigators went as far as abusing the women verbally or physically, often in order to force them to withdraw the so-called ‘false’ complaint in order to protect the ‘real’ victim: the ‘innocent defendant’. The proposed presentation will discuss these police approaches to women and the techniques used in assessing the credibility of their accusations, including how they differ depending on whether the complainant was under or over 21 years old.

Keywords: criminal justice system, law and Arab culture, modest woman, sexual violence

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11696 Maintaining the Formal Type of West Java's Heritage Language with Sundanese Language Lesson in Senior High School

Authors: Dinda N. Lestari

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Sundanese language is one of heritage language in Indonesia that must be maintained especially the formal type of it because teenagers nowadays do not speak Sundanese language formally in their daily lives. To maintain it, Cultural and Education Ministry of Indonesia has input Sundanese language lesson at senior high school in West Java area. The aim of this study was to observe whether the existence of Sundanese language lesson in senior high school in the big town of Karawang, West Java - Indonesia give the contribution to the formal type of Sundanese language maintenance or not. For gathering the data, the researcher interviewed the senior high school students who have learned Sundanese language to observe their acquisition of it. As a result of the interview, the data was presented in qualitative research by using the interviewing method. Then, the finding indicated that the existence of Sundanese language in Senior High School also the educational program which is related to it, for instance, Kemis Nyunda seemed to do not effective enough in maintaining the formal type of Sundanese language. Therefore, West Java government must revise the learning strategy of it, including the role of the Sundanese language teacher.

Keywords: heritage language, language maintenance and shift, senior high school, Sundanese language, Sundanese language lesson

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11695 Impact of Flexibility on Residential Buildings in Egypt

Authors: Aly Mohamed El Husseiny, Azza Ezz Abdelkader

Abstract:

There is a critical thin line between freedom of choice and randomness. The distance between imagination and perception and between perception and execution varies depending on numerous factors. While in developed areas residents have the opportunity and abilities to build flexible homes, residents in developing areas create their own dwellings in informal settlements, even though none of them is comfortable at home in the long run. This paper explores three factors: What residents really need, what they do with limited flexibility, and what they do when there are no limits, as in the case of informal settlements. This paper studies alteration to residential buildings and how they connect to the changes in people’s lifecycle in all past cases. This study also examines all approaches to flexibility, focusing on a social approach. The results of this study are based on three practical studies: Interviews with residents in an informal settlement (Eshash Mahfouz in Minya in Egypt), a civil study of buildings in a middle-class district, and a survey of residents from many countries, including Egypt, and interviews with a number of them to determine residents’ needs and the extent of renovations they made or would like to make to their homes.

Keywords: flexibility, housing, freedom of choice, social, changes, residents

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11694 Criminal Law and Internet of Things: Challenges and Threats

Authors: Celina Nowak

Abstract:

The development of information and communication technologies (ICT) and a consequent growth of cyberspace have become a reality of modern societies. The newest addition to this complex structure has been Internet of Things which is due to the appearance of smart devices. IoT creates a new dimension of the network, as the communication is no longer the domain of just humans, but has also become possible between devices themselves. The possibility of communication between devices, devoid of human intervention and real-time supervision, generated new societal and legal challenges. Some of them may and certainly will eventually be connected to criminal law. Legislators both on national and international level have been struggling to cope with this technologically evolving environment in order to address new threats created by the ICT. There are legal instruments on cybercrime, however imperfect and not of universal scope, sometimes referring to specific types of prohibited behaviors undertaken by criminals, such as money laundering, sex offences. However, the criminal law seems largely not prepared to the challenges which may arise because of the development of IoT. This is largely due to the fact that criminal law, both on national and international level, is still based on the concept of perpetration of an offence by a human being. This is a traditional approach, historically and factually justified. Over time, some legal systems have developed or accepted the possibility of commission of an offence by a corporation, a legal person. This is in fact a legal fiction, as a legal person cannot commit an offence as such, it needs humans to actually behave in a certain way on its behalf. Yet, the legislators have come to understand that corporations have their own interests and may benefit from crime – and therefore need to be penalized. This realization however has not been welcome by all states and still give rise to doubts of ontological and theoretical nature in many legal systems. For this reason, in many legislations the liability of legal persons for commission of an offence has not been recognized as criminal responsibility. With the technological progress and the growing use of IoT the discussions referring to criminal responsibility of corporations seem rather inadequate. The world is now facing new challenges and new threats related to the ‘smart’ things. They will have to be eventually addressed by legislators if they want to, as they should, to keep up with the pace of technological and societal evolution. This will however require a reevaluation and possibly restructuring of the most fundamental notions of modern criminal law, such as perpetration, guilt, participation in crime. It remains unclear at this point what norms and legal concepts will be and may be established. The main goal of the research is to point out to the challenges ahead of the national and international legislators in the said context and to attempt to formulate some indications as to the directions of changes, having in mind serious threats related to privacy and security related to the use of IoT.

Keywords: criminal law, internet of things, privacy, security threats

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11693 Modern Scotland Yard: Improving Surveillance Policies Using Adversarial Agent-Based Modelling and Reinforcement Learning

Authors: Olaf Visker, Arnout De Vries, Lambert Schomaker

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Predictive policing refers to the usage of analytical techniques to identify potential criminal activity. It has been widely implemented by various police departments. Being a relatively new area of research, there are, to the author’s knowledge, no absolute tried, and true methods and they still exhibit a variety of potential problems. One of those problems is closely related to the lack of understanding of how acting on these prediction influence crime itself. The goal of law enforcement is ultimately crime reduction. As such, a policy needs to be established that best facilitates this goal. This research aims to find such a policy by using adversarial agent-based modeling in combination with modern reinforcement learning techniques. It is presented here that a baseline model for both law enforcement and criminal agents and compare their performance to their respective reinforcement models. The experiments show that our smart law enforcement model is capable of reducing crime by making more deliberate choices regarding the locations of potential criminal activity. Furthermore, it is shown that the smart criminal model presents behavior consistent with popular crime theories and outperforms the baseline model in terms of crimes committed and time to capture. It does, however, still suffer from the difficulties of capturing long term rewards and learning how to handle multiple opposing goals.

Keywords: adversarial, agent based modelling, predictive policing, reinforcement learning

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11692 Trust: The Enabler of Knowledge-Sharing Culture in an Informal Setting

Authors: Emmanuel Ukpe, S. M. F. D. Syed Mustapha

Abstract:

Trust in an organization has been perceived as one of the key factors behind knowledge sharing, mainly in an unstructured work environment. In an informal working environment, to instill trust among individuals is a challenge and even more in the virtual environment. The study has contributed in developing the framework for building trust in an unstructured organization in performing knowledge sharing in a virtual environment. The artifact called KAPE (Knowledge Acquisition, Processing, and Exchange) was developed for knowledge sharing for the informal organization where the framework was incorporated. It applies to Cassava farmers to facilitate knowledge sharing using web-based platform. A survey was conducted; data were collected from 382 farmers from 21 farm communities. Multiple regression technique, Cronbach’s Alpha reliability test; Tukey’s Honestly significant difference (HSD) analysis; one way Analysis of Variance (ANOVA), and all trust acceptable measures (TAM) were used to test the hypothesis and to determine noteworthy relationships. The results show a significant difference when there is a trust in knowledge sharing between farmers, the ones who have high in trust acceptable factors found in the model (M = 3.66 SD = .93) and the ones who have low on trust acceptable factors (M = 2.08 SD = .28), (t (48) = 5.69, p = .00). Furthermore, when applying Cognitive Expectancy Theory, the farmers with cognitive-consonance show higher level of trust and satisfaction with knowledge and information from KAPE, as compared with a low level of cognitive-dissonance. These results imply that the adopted trust model KAPE positively improved knowledge sharing activities in an informal environment amongst rural farmers.

Keywords: trust, knowledge, sharing, knowledge acquisition, processing and exchange, KAPE

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11691 An Examination of the Powers of the Executive to Continued Detention of Suspects in Disobedience to Court Orders

Authors: Chukwuemeka Castro Nwabuzor

Abstract:

The 2015 Administration of Criminal Justice Act in Nigeria clearly sets out conditions for bail for felonies, lesser offenses and capital offenses. Even where the conditions for bail are met, granting an application for bail is not automatic as it is subject to the discretion of the court. Where the court, however, grants bail to an accused, the detaining authority which usually is the executive arm of government is bound to comply with the order of the court. This paper discusses the constitutionality of the continued detention of criminal suspects in disobedience to an order of the court and in the absence of an appeal. Particularly, the paper looks at the rights to personal liberty, the dignity of the human person and also the presumption of innocence which remains one of the crucial pillars of our criminal jurisprudence. The paper analyses the reasons posed by the executive for the continued detention of a suspect including State security and security of the suspect and questions whether the reasons are reasonable justifiable in a constitutional democratic society and whether they breach the principles of separation of powers. The paper concludes that the continued detention criminal of suspects in disobedience to court orders constitutes contempt of court and dishonours the principles of separation of powers enshrined in the Nigerian Constitution. This paper makes a strong case for the donation of more enforceable powers to the judiciary particularly with regards to the granting of compensation orders against the executive and ensuring compliance by the executive to bail orders.

Keywords: breach of fundamental rights, contempt of court, discretion of court, right to bail, separation of powers

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11690 The Expanding Role of Islamic Law in the Current Indonesian Legal Reform

Authors: Muhammad Ilham Agus Salim, Saufa Ata Taqiyya

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In many Muslim countries, secularization has successfully reduced the role of Islamic law as a formal legal source during this last century. The most obvious fact was the reform of Daulah Utsmaniyah to be Secular Republic of Turkey. Religion is strictly separated from the state authorities in many countries today. But these last decades in Indonesia, a remarkable fact is apparent. Islamic law has expanded its role in Indonesian legal system, especially in districts regulations. In Aceh province, as a case in point, shariah has been the basic source of law in all regulations. There are more provinces in Indonesia which adopted Islamic law as a formal legal source by the end of 2014. Different from some other countries which clearly stipulates the status of Islam in formal ways, Indonesian constitution formally does not render any recognition for Islam to be the formal religion of the state. But in this Muslim majority country, Islamic law takes a place in democratic way, namely on the basis of the voice of majority. This paper will analyze how this reality increases significantly since what so called by Indonesian reformation era (end of nineties). Some causes will be identified regarding this tendency of expansion of role. Some lessons learned also will be recommended as the concluding remarks by the end of the paper.

Keywords: Islamic law, Indonesia, legal reform, Syariah local regulation

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11689 Ageing Patterns and Concerns in the Arabian Gulf: A Systematic Review

Authors: Asharaf Abdul Salam

Abstract:

Arabian Gulf countries have norms and rules different from others: having an exodus of male immigrant labor contract holders of age 20-60 years as a floating population. Such a demographic scenario camouflages population ageing. However, it is observed on examining vigilantly, not only in the native population but also in the general population. This research on population ageing in the Arabian Gulf examines ageing scenario and concerns through analyses of international databases (US Census Bureau and United Nations) and national level databases (Censuses and Surveys) apart from a review of published research. Transitions in demography and epidemiology lead to gains in life expectancy and thereby reductions in fertility, leading to ageing of the population in the region. Even after bringing adult immigrants, indices and age pyramids show an increasing ageing trend in the total population, demonstrating an ageing workforce. Besides, the exclusive native population analysis reveals a trend of expansive pyramids (pre-transitional stage) turning to constrictive (transition stage) and cylindrical (post-transition stage) shapes. Age-based indices such as the index of ageing, age dependency ratio, and median age confirm this trend. While the feminine nature of ageing is vivid, gains in life expectancy and causes of death in old age, indicating co-morbidity compression, are concerns to ageing. Preparations are in demand to cope with ageing from different dimensions, as explained in the United Nations Plans of Action. A strategy of strengthening informal care with supportive semi-formal and supplementary formal care networks would alleviate this crisis associated with population ageing.

Keywords: total versus native population, indices of ageing, age pyramids, feminine nature, comorbidity compression, strategic interventions

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11688 Formal Models of Sanitary Inspections Teams Activities

Authors: Tadeusz Nowicki, Radosław Pytlak, Robert Waszkowski, Jerzy Bertrandt, Anna Kłos

Abstract:

This paper presents methods for formal modeling of activities in the area of sanitary inspectors outbreak of food-borne diseases. The models allow you to measure the characteristics of the activities of sanitary inspection and as a result allow improving the performance of sanitary services and thus food security.

Keywords: food-borne disease, epidemic, sanitary inspection, mathematical models

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11687 A Study of Industrial Symbiosis and Implementation of Indigenous Circular Economy Technique on an Indian Industrial Area

Authors: A. Gokulram

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Industrial waste is often categorized as commercial and non-commercial waste by market value. In many Indian industries and other industrialized countries, the commercial value waste is capitalized and non-commercial waste is dumped to landfill. A lack of adequate research on industrial waste leads to the failure of effective resource management and the non-commercial waste are being considered as commercially non-viable residues. The term Industrial symbiosis refers to the direct inter-firm reuse or exchange of material and energy resource. The resource efficiency of commercial waste is mainly followed by an informal symbiosis in our research area. Some Industrial residues are reused within the facility where they are generated, others are reused directly nearby industrial facilities and some are recycled via the formal and informal market. The act of using industrial waste as a resource for another product faces challenges in India. This research study has observed a major negligence of trust and communication among several bodies to implement effective circular economy in India. This study applies interviewing process across researchers, government bodies, industrialist and designers to understand the challenges of circular economy in India. The study area encompasses an industrial estate in Ahmedabad in the state of Gujarat which comprises of 1200 industries. The research study primarily focuses on making industrial waste as commercial ready resource and implementing Indigenous sustainable practice in modern context to improve resource efficiency. This study attempted to initiate waste exchange platform among several industrialist and used varied methodologies from mail questionnaire to telephone survey. This study makes key suggestions to policy change and sustainable finance to improve circular economy in India.

Keywords: effective resource management, environmental policy, indigenous technique, industrial symbiosis, sustainable finance

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11686 Petra: Simplified, Scalable Verification Using an Object-Oriented, Compositional Process Calculus

Authors: Aran Hakki, Corina Cirstea, Julian Rathke

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Formal methods are yet to be utilized in mainstream software development due to issues in scaling and implementation costs. This work is about developing a scalable, simplified, pragmatic, formal software development method with strong correctness properties and guarantees that are easy prove. The method aims to be easy to learn, use and apply without extensive training and experience in formal methods. Petra is proposed as an object-oriented, process calculus with composable data types and sequential/parallel processes. Petra has a simple denotational semantics, which includes a definition of Correct by Construction. The aim is for Petra is to be standard which can be implemented to execute on various mainstream programming platforms such as Java. Work towards an implementation of Petra as a Java EDSL (Embedded Domain Specific Language) is also discussed.

Keywords: compositionality, formal method, software verification, Java, denotational semantics, rewriting systems, rewriting semantics, parallel processing, object-oriented programming, OOP, programming language, correct by construction

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11685 The Role of Islamic Finance and Socioeconomic Factors in Financial Inclusion: A Cross Country Comparison

Authors: Allya Koesoema, Arni Ariani

Abstract:

While religion is only a very minor factor contributing to financial exclusion in most countries, the World Bank 2014 Global Financial Development Report highlighted it as a significant barrier for having a financial account in some Muslim majority countries. This is in part due to the perceived incompatibility between traditional financial institutions practices and Islamic finance principles. In these cases, the development of financial institutions and products that are compatible with the principles of Islamic finance may act as an important lever to increasing formal account ownership. However, there is significant diversity in the relationship between a country’s proportion of Muslim population and its level of financial inclusion. This paper combines data taken from the Global Findex Database, World Development Indicators, and the Pew Research Center to quantitatively explore the relationship between individual and country level religious and socioeconomic factor to financial inclusion. Results from regression analyses show a complex relationship between financial inclusion and religion-related factors in the population both on the individual and country level. Consistent with prior literature, on average the percentage of Islamic population positively correlates with the proportion of unbanked populations who cites religious reasons as a barrier to getting an account. However, its impact varies across several variables. First, a deeper look into countries’ religious composition reveals that the average negative impact of a large Muslim population is not as strong in more religiously diverse countries and less religious countries. Second, on the individual level, among the unbanked, the poorest quintile, least educated, older and the female populations are comparatively more likely to not have an account because of religious reason. Results also show indications that in this case, informal mechanisms partially substitute formal financial inclusion, as indicated by the propensity to borrow from family and friends. The individual level findings are important because the demographic groups that are more likely to cite religious reasons as barriers to formal financial inclusion are also generally perceived to be more vulnerable socially and economically and may need targeted attention. Finally, the number of Islamic financial institutions in a particular country is negatively correlated to the propensity of religious reasons as a barrier to financial inclusion. Importantly, the number of financial institutions in a country also mitigates the negative impact of the proportion of Muslim population, low education and individual age to formal financial inclusion. These results point to the potential importance of Islamic Finance Institutions in increasing global financial inclusion, and highlight the potential importance of looking beyond the proportion of Muslim population to other underlying institutional and socioeconomic factor in maximizing its impact.

Keywords: cross country comparison, financial inclusion, Islamic banking and finance, quantitative methods, socioeconomic factors

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11684 Constitutional Transition and Criminal Justice: Proposals for Reform of Kenya’s Youth Justice System Based on Restorative Justice Principles

Authors: M. Wangai

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Following the promulgation of a new Constitution of Kenya in 2010, wide-ranging proposals for reform of the criminal justice system have been made. Proposed measures include a clear and separate system of dealing with juvenile offenders with a greater focus on rehabilitation and reintegration. As part of a broader constitutional transition, this article considers the contribution of restorative justice to reforming the youth justice system. The paper analyses Kenya’s juvenile justice legal framework measured against current international trends in youth justice. It identifies the first post-independence juvenile justice system as a remnant of the colonial period and notes that the post-2001 system is a marked improvement. More recent legal and institutional efforts to incorporate restorative justice are also examined. The paper advocates further development of the juvenile justice system by mainstreaming of restorative justice principles through national level legislative amendments. International and comparative perspectives are used to inform a diversion centered model of restorative justice. In addition, a case is made for the use of existing forms of alternative dispute resolution. Conscious of a tense political climate, the paper also proposes strategies to address challenges posed by a punitive penal environment, chiefly the linking of restorative justice to wider democratic goals and community spirit. The article concludes that restorative justice led juvenile justice reform will contribute to better treatment of young offenders under the criminal justice system and has the potential to set a new precedent for fair, sustainable and effective justice. Further, as part of far-reaching criminal justice reform, the proposed efforts may strengthen democratic progress in Kenya’s ensuing phase of political transition.

Keywords: constitutional transition, criminal justice, restorative justice, young offenders

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11683 Structure and Power Struggle in Contemporary Nollywood: An Ethnographic Evaluation

Authors: Ezinne M. Igwe

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Statements of facts have been made about Nollywood, a segment of the Nigerian film industry that has in recent times become phenomenal due largely to its quantity of production and specific production style. In the face of recent transformations reshaping the industry, matters have been arising which have not been given due academic attention from an industry player perspective. While re-addressing such issues like structure, policy and informality, this study benefits from a new perspective – that of a community member adopting participant observation to research into a familiar culture. With data drawn from an extensive ethnographic study of the industry, this paper examines these matters with an emphasis on structure and the industry’s overall political economy. Drawing from discourses on the new and old Nollywood labels and other current matters arising within the industry such as the MOPICON bill redraft, corporate financing and possibilities of regeneration, this paper examines structure and power struggle within Nollywood. These are championing regenerative processes that bring about formalization, professionalism and the quest for a transnational presence, which have only been superficially evaluated. Focused essentially on Nollywood’s political economy, this study critically analyses the transforming face of an informal industry, the consistent quest for structure, quality and standard, and issues of corporate sponsorship as possible trends of regeneration. It evaluates them as indicators of regeneration, questioning the possibilities of their sustenance in an industry experiencing increased interactions with the formal economy and an influx of young professionals. With findings that make sustained regeneration both certain (due to increased formal economy interaction) and uncertain (due to the dysfunctionality of the society and its political system), it concludes that the transforming face of the industry suggests impending gentrification of the industry.

Keywords: formalisation, MOPICON, Nollywood, structure

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11682 Measures for Limiting Corruption upon Migration Wave in Europe

Authors: Jordan Georgiev Deliversky

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Fight against migrant smuggling has been put as a priority issues at the European Union policy agenda for more than a decade. The trafficked person, who has been targeted as the object of criminal exploitation, is specifically unique for human trafficking. Generally, the beginning of human trafficking activities is related to profit from the victim’s exploitation. The objective of this paper is to present measures that could result in the limitation of corruption mainly through analyzing the existing legislation framework against corruption in Europe. The analysis is focused on exploring the multiple origins of factors influencing migration processes in Europe, as corruption could be characterized as one of the most significant reasons for refugees to flee their countries. The main results show that law enforcement must turn the focus on the financing of the organized crime groups that are involved in migrant smuggling activities. Corruption has a significant role in managing smuggling operations and in particular when criminal organizations and networks are involved. Illegal migrants and refugees usually represent significant sources of additional income for officials involved in the process of boarding protection and immigration control within the European Union borders.

Keywords: corruption, influence, human smuggling, legislation, migration

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11681 The Right to State Lands: A Case Study of a Squatter Community in Egypt

Authors: Salwa Salman

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On February 2016, Egypt’s President Abdel Fattah Al-Sisi ordered the former Prime Minister, Ibrahim Mehleb, to establish a committee responsible for retrieving looted state lands or providing squatters with land titles according to their individual cases. The specificity of desert lands emerges from its unique position in both Islamic law and Egypt’s Civil Code. In Egypt, desert lands can be transferred to private ownership through peaceful occupation and cultivation. This study explores the (re-) conceptualization of land rights, state territoriality, and sovereignty as a part of an emerging narrative on informal land tenure. Through the lens of an informal settlement, the study employs methodological insights from studies in the anthropology of development and their interpretation of Foucauldian discourse analysis to examine official representations on squatting over state lands and put them in conversation with individual narratives on land ownership and dispossession. It also employs Bruno Latour’s actor-network theory to explore the development of social networks through primary land contracts and informal local resource management.

Keywords: State lands, squatter community, Islamic law, Egypt’s Civil Code

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11680 The Role of the Accused’s Attorney in the Criminal Justice System of Iran, Mashhad 2014

Authors: Mahdi Karimi

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One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: defense attorney, equality of arms, fair trial, reducing the penalty, right to defense

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11679 Psychiatric/Psychological Issues in the Criminal Courts In Australia

Authors: Judge Paul Smith

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Abstract—This paper addresses the use and admissibility of psychiatric/psychological evidence in Australia Courts. There have been different approaches in the Courts to the acceptance of such expert evidence. It details how such expert evidence is admissible at trial and sentence. The methodology used is an examination of the decided cases and relevant legislative provisions which relate to the admission of such evidence. The major findings are that the evidence can be admissible if it is relevant to issues in a trial or sentence. It concludes that psychiatric/psychological evidence can be very useful and indeed may be essential at sentence or trial.

Keywords: criminal, law, psychological, evidence

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11678 An Emerging Trend of Wrong Plurals among Pakistani Bilinguals: A Sociolinguistic Perspective

Authors: Sikander Ali

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English is being used as linguafranca in most of the formal and informal situations of Pakistan. This extensive use has been rapidly replacing the identity of national language of Pakistani.e. Urdu. The nature of syntactic representation has always been the matter of confusion among linguists. Being unaware of the correct plural forms the non-natives commit mistakes while making plurals. But the situation is reverse when non-natives of English irrespective of knowing the right plurals make wrong plurals usually talking in their native language. The observation method was opted to check this hypothesis. Along with it, a checklist has been made in which these certain occurrences have been mentioned, where this flouting of the norms is a normal routine. The result confirms that Pakistani commit this mistake, i.e. ‘tablian’ the plural of tables, ‘filain’ the plural of files, though this is done by them on unconscious level. This emerging trend of unconscious mistake is leading Pakistani bilinguals towards a diglossic situation where they are coining portmanteau.

Keywords: bilinguals, emerging trend, portmanteau, trends

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11677 The Sociocultural, Economic, and Environmental Contestations of Agbogbloshie: A Critical Review

Authors: Khiddir Iddris, Martin Oteng – Ababio, Andreas Bürkert, Christoph Scherrer, Katharina Hemmler

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Agbogbloshie, as an informal settlement and economy where the e-waste sector thrives, has become a global hub of complex urban contestations involving sociocultural, economic, and environmental dimensions due to the implication that e-waste and informal economic patterns have on livelihoods, urbanisation, development and sustainability. Multi-author collaborations have produced an ever-growing body of literature on Agbogbloshie and the informal e-waste economy. There is, however, a dearth of an assessment of Agbogbloshie as an urban informal settlement's intricate nexus of socioecological contestations. We address this gap by systematising, from literature, the context knowledge, navigating the complex terrain of Agbogbloshie's challenges, and employing a multidimensional lens to unravel the sociocultural intricacies, economic dynamics, and environmental complexities shaping its identity. A systematic critical review approach was espoused, with a pragmatic consolidation of content analysis and controversy mapping, grounded on the concept of ‘sustainable rurbanism,’ highlighted core themes and identified contrasting viewpoints. An analytical framework is presented. Five categories – geohistorical, sociocultural, economic, environmental and future trends - are proposed as an approach to systematising the literature. The review finds that the sociocultural dimension unveils a mosaic of cultural amalgamation, communal identity, and tensions impacting community cohesion. The analysis of economic intricacies reveals the prevalence of informal economies sustaining livelihoods yet entrenching economic disparities and marginalisation. Environmental scrutiny exposes the grim realities of e-waste disposal, pollution, and land use conflicts. The findings suggest that there is a high resilience within the community and the potential for sustainable trajectories. Theoretical and conceptual synergy is limited. This review provides a comprehensive exploration, offering insights and directions for future research, policy formulation, and community-driven interventions aimed at fostering sustainable transformations in Agbogbloshie and analogous urban contexts.

Keywords: Agbogbloshie, economic complexities, environmental challenges, resilience, sociocultural dynamics, sustainability, urban informal settlement

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11676 Crime Prevention with Artificial Intelligence

Authors: Mehrnoosh Abouzari, Shahrokh Sahraei

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Today, with the increase in quantity and quality and variety of crimes, the discussion of crime prevention has faced a serious challenge that human resources alone and with traditional methods will not be effective. One of the developments in the modern world is the presence of artificial intelligence in various fields, including criminal law. In fact, the use of artificial intelligence in criminal investigations and fighting crime is a necessity in today's world. The use of artificial intelligence is far beyond and even separate from other technologies in the struggle against crime. Second, its application in criminal science is different from the discussion of prevention and it comes to the prediction of crime. Crime prevention in terms of the three factors of the offender, the offender and the victim, following a change in the conditions of the three factors, based on the perception of the criminal being wise, and therefore increasing the cost and risk of crime for him in order to desist from delinquency or to make the victim aware of self-care and possibility of exposing him to danger or making it difficult to commit crimes. While the presence of artificial intelligence in the field of combating crime and social damage and dangers, like an all-seeing eye, regardless of time and place, it sees the future and predicts the occurrence of a possible crime, thus prevent the occurrence of crimes. The purpose of this article is to collect and analyze the studies conducted on the use of artificial intelligence in predicting and preventing crime. How capable is this technology in predicting crime and preventing it? The results have shown that the artificial intelligence technologies in use are capable of predicting and preventing crime and can find patterns in the data set. find large ones in a much more efficient way than humans. In crime prediction and prevention, the term artificial intelligence can be used to refer to the increasing use of technologies that apply algorithms to large sets of data to assist or replace police. The use of artificial intelligence in our debate is in predicting and preventing crime, including predicting the time and place of future criminal activities, effective identification of patterns and accurate prediction of future behavior through data mining, machine learning and deep learning, and data analysis, and also the use of neural networks. Because the knowledge of criminologists can provide insight into risk factors for criminal behavior, among other issues, computer scientists can match this knowledge with the datasets that artificial intelligence uses to inform them.

Keywords: artificial intelligence, criminology, crime, prevention, prediction

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11675 Knowledge Elicitation Approach for Formal Ontology Design: An Exploratory Study Applied in Industry for Knowledge Management

Authors: Ouassila Labbani-Narsis, Christophe Nicolle

Abstract:

Building formal ontologies remains a complex process for companies. In the literature, this process is based on the technical knowledge and expertise of domain experts, without further details on the used methodologies. Possible problems of disagreements between experts, expression of tacit knowledge related to high level know-how rarely verbalized, qualification of results by using cases, or simply adhesion of the group of experts, remain currently unsolved. This paper proposes a methodological approach based on knowledge elicitation for the conception of formal, consensual, and shared ontologies. The proposed approach is experimentally tested on industrial collaboration projects in the field of manufacturing (associating knowledge sources from multinational companies) and in the field of viticulture (associating explicit knowledge and implicit knowledge acquired through observation).

Keywords: collaborative ontology engineering, knowledge elicitation, knowledge engineering, knowledge management

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11674 The Application of Article 111 of the Constitution of Bangladesh in the Criminal Justice System as a Sentencing Guideline

Authors: Sadiya S. Silvee

Abstract:

Generally, the decision of the higher court is binding on its subordinate courts. As provided in Article 111 of the Constitution, 'the law declared by the Appellate Division (AD) shall be binding on the High Court Division (HCD) and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.' This means the judicial discipline requires the HCD to follow the decision of the AD and that it is necessary for the lower tiers of courts to accept the decision of the higher tiers as a binding precedent. Analyzing the application of Article 111 of the Constitution in the criminal justice system as a sentencing guideline, the paper, by examining whether there is any consistency in decision between one HC Bench and another HC Bench, explores whether HCD can per incuriam its previous decision. In doing so, the Death Reference (DR) Cases are contemplated. Furthermore, the paper shall examine whether the Court of Session follows the decision of the HCD while using their discretion to make the choice between death and imprisonment for life under section 302 of PC. The paper argues due to the absence of any specific direction for sentencing and inconsistency in jurisprudence among the HCD; the subordinate courts are in a dilemma.

Keywords: death reference, sentencing factor, sentencing guideline, criminal justice system and constitution

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11673 Legal Study about Flagellation Punishment of Qanun Jinayah in Aceh Province

Authors: Yuyun Sri Wahyuni, Fathih Misbahuddin Islam

Abstract:

Nanggroe Aceh Darussalam is the special district with its long conflict history. The long conflict history started from The Free Aceh Movement’s intentions to implement Islamic principles in Aceh Province, it was actually contradicted with the principles of state. This long conflict was finally ended on 2005. Then, since 2005 Aceh had special authority to administer its local government affairs by applying Islamic principles (syariah), included criminal law matters. To administer it, Aceh Government enacted Law Number 6 of 2014 on the Jinayah. This law consists the criminal act (jarimah) and the punishment (uqubat). Khamr, maisir, khalwat, ikhtilath, zina, sexual harrasment, rape, qadzaf, liwath, and musahaqah are the kinds of the criminal act which are ruled within. Meanwhile, Hudud and Takdzir as the kinds of punishment (uqubat). After 2 years of the issuance of this law inflicting controversy from any sides and being discussed not only locally but also globally. The objectives of this paper are to analyze the fundamental value of the flagellation punishment within this law and Aceh Government review in formulating the law.

Keywords: Aceh province, flagellation punishment, Islamic Principle, Qanun Jinayah

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11672 Land Tenure and Erosion as Determinants of Guerrilla Violence in Assam, India: An Ethnographic and Remote Sensing Approach

Authors: Kevin T. Inks

Abstract:

India’s Brahmaputra River Valley has, since independence, experienced consistent low-intensity guerrilla warfare between ethnic and religious groups. These groups are often organized around perceived ethnic territoriality, and target civilians, communities, and especially migrants belonging to other ethnic and religious groups. Intense flooding and erosion have led to widespread displacement, and disaster relief funds are largely tied to legal land tenure. Displaced residents of informal settlements receive little or no resettlement aid, and their subsequent migration strategies and risk from guerrilla violence are poorly understood. Semi-structured interviews and comprehensive surveys focused on perceptions of risk, efficacy of disaster relief, and migration and adaptation strategies were conducted with households identified as being ‘at-risk’ of catastrophic flooding and erosion in Majuli District, Assam. Interviews with policymakers and government workers were conducted to assess disaster relief efforts in informal settlements, and remote sensing methods were used to identify informal settlement and hydrogeomorphic change. The results show that various ethnic and religious groups have differential strategies and preferences for resettlement. However, these varying strategies are likely to lead to differential levels of risk from guerrilla violence. Members of certain ethnic groups residing in informal settlements, in the absence of resettlement assistance, are more likely to seek out unofficial settlement on land far from the protection of the state and experience greater risk of becoming victims of political violence. As climate change and deforestation are likely to increase the severity of the displacement crisis in the Brahmaputra River Valley, more comprehensive disaster relief and surveying efforts are vital for limiting migration and informal settlement in potential sites of guerrilla warfare.

Keywords: climate, displacement, flooding, India, violence

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11671 Land Use Changes and Its Implications on Livelihood Activities in Msaranga Peri-Urban Settlement in Moshi Municipality, Tanzania

Authors: Magigi Wakuru, Gaudensi Kapinga

Abstract:

This study examines land use changes and its implications on livelihood activities of peri-urban settlements in Msaranga, Moshi Municipality. Specifically; it analyses the historical development of the settlement, socioeconomic characteristics and land use changes over time. Likely, find out existing livelihood activities and how have been changing over time in the context of urbanization, and lastly highlights land use change implications on livelihood activities to residents. Interviews, observations, documentary reviews and mapping were data collection tools employed. The study shows that housing, urban agriculture, roads infrastructure, recreational, open spaces and institutions are some land use types existing in the settlement. On-farm and off-farm livelihood activities have been identified livelihood activities in the settlement. These include crop cultivation, livestock keeping, trading and formal employment and have been changing over time. However, urbanisation observed to be a catalyst of change and affect livelihood activities over time. Resorting to off-farm livelihoods activities including engaging in retail business and seeking employment in formal and informal sector are some copying strategies documented. The study wind up by pointing roles of different actors and issues of particular attention to different stakeholders towards reducing impact of land use changes on livelihood strategies in the settlement. Likely, unresolved issues for future research and policy development agenda are highlighted in this study. The study concludes that the impact of land use changes on livelihood activities need collaborative effort of different stakeholders, policy enforcement as well as public private partnership in issues based implementation in cities like Moshi where land use is rapidly changing over time within urban planning cycles due to increasing population demand in cities of Sub-Saharan Africa.

Keywords: land use, land use changes, livelihood activities, peri-urban settlement, Moshi, Tanzania

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11670 Visual Construction of Youth in Czechoslovak Press Photographs: 1959-1989

Authors: Jana Teplá

Abstract:

This text focuses on the visual construction of youth in press photographs in socialist Czechoslovakia. It deals with photographs in a magazine for young readers, Mladý svět, published by the Socialist Union of Youth of Czechoslovakia. The aim of this study was to develop a methodological tool for uncovering the values and the ideological messages in the strategies used in the visual construction of reality in the socialist press. Two methods of visual analysis were applied to the photographs, a quantitative content analysis and a social semiotic analysis. The social semiotic analysis focused on images representing youth in their free time. The study shows that the meaning of a socialist press photograph is a result of a struggle for ideological power between formal and informal ideologies. This struggle takes place within the process of production of the photograph and also within the process of interpretation of the photograph.

Keywords: ideology, press photography, socialist regime, social semiotics, youth

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11669 Review Paper on an Algorithm Enhancing Privacy and Security in Online Meeting Platforms Using a Secured Encryption

Authors: Tonderai Muchenje, Mkhatshwa Phethile

Abstract:

Humans living in this current situation know that communication with one another is necessary for themselves. There are many ways to communicate with each other; during unexpected natural disasters and outbreak of epidemics and pandemics, the need for online meeting platforms are considered most important. Apparently, the development in the telecommunication sector also played an important role. Therefore, the epidemic of the Covid-19 Pandemic and the new normal situation resulted in the overwhelming production of online meeting platforms to prevent the situation. This software is commonly used in business communications in the beginning. Rapidly the COVID-19 pandemic changed the situation. At present-day, these virtual meeting applications are not only used to have informal meetings with friends and relatives but also to be used to have formal meetings in the business and education (universities) sector. In this article, an attempt has been made to list out the useful secured ways for using online meeting platforms.

Keywords: virtual background, zoom, secure online algorithm, RingCentral, Pexip Pexip, TeamViewer, microsoft teams

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11668 The Examination And Assurance Of The Microbiological Safety Pertaining To Raw Milk And its Derived Processed Products

Authors: Raana Babadi Fathipour

Abstract:

The production of dairy holds significant importance in the sustenance of billions of individuals worldwide, as they rely on milk and its derived products for daily consumption. In addition to being a source of essential nutrients crucial for human well-being, such as proteins, fats, vitamins, and minerals; dairy items are witnessing an increasing demand worldwide. Amongst all the factors contributing to the quality and safety assurance of dairy products, the strong focus lies on maintaining high standards in raw milk procurement. Raw milk serves as an externally nutritious medium for various microorganisms due to its inherent properties. This poses a considerable challenge for the dairy industry in ensuring that microbial contamination is minimized throughout every stage of the value chain. Despite implementing diverse process technologies—both conventional and innovative—the occurrence of microbial spoilage still results in substantial losses within this industry context. Moreover, milk and dairy products have been associated with numerous cases of foodborne illnesses across the globe. Various pathogens such as Salmonella serovars, Campylobacter spp., Shiga toxin-producing Escherichia coli, Listeria monocytogenes, and enterotoxin producing Staphylococcus aureus are commonly identified as the culprits behind these outbreaks in the dairy industry. The effective management of food safety within this sector necessitates a proactive and risk-based approach to reform. However, this strategy presents difficulties for developing nations where informal value chains dominate the dairy sector. Whether operating on a small or large scale or falling within formal or informal realms, it is imperative that the dairy industry adheres to principles of good hygiene practices and good manufacturing practices. Additionally, identifying and managing potential sources of contamination is crucial in mitigating challenges pertaining to quality and safety precautions.

Keywords: dairy value chain, microbial contamination, food safety, hygiene

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