Search results for: rape crimes

Authors: Abubakar Ibrahim Usman, Mustapha Halilu

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The provisions of rights to women in Islam have generated and are creating a tense and serious debate among Muslims and non-Muslims alike. The Muslims are arguing that Islam provides right to Womenfolk, but their actions, cultural/traditional practices, and treatment reveal otherwise, Non-Muslims, on the other hand, held a different view, saying that Islam has never made such provision. One may not blame their misconception, due to the wide spectrum of treatment given to women in many Muslim societies, which generated, fueled and geared the misconceptions and ceaseless barrage of sensational articles, movies and negative portrayal of Islam today. It has to put in our minds, many actions and Crimes of some Muslims (Who are mostly minority) did not represent the teachings and precepts of Islam, just like one cannot put blame on the parents of a child whose actions fall short of his home background.

Keywords: Islam, women rights, cultural practices, religion

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Authors: Filip Ščerba, Veronika Pochylá

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Performing of the acts within criminal proceedings usually takes too long and thus this phenomenon can be regarded as one of the most burning problems which have plagued the criminal justice not only in the Czech Republic but at least all over Europe for the last few decades. This problem obviously has to be dealt with and thus the need to tackle this issue has resulted in the trend which is sometimes called Criminal Justice Rationalization, i.e. introducing and enforcing methods supporting the increase in efficiency of the criminal justice in order to make the criminal proceedings shorter and administrative procedure easier. This resulted in the introduction of institutes such as e.g. diversions in criminal proceedings or other forms of shortened pre-trial proceedings, which may be used primarily for dealing with less serious crimes. But also the institute, which was originally mentioned in connection with the system of criminal law in the countries belonging to the Anglo-Saxon legal order where it is frequently called of plea bargaining, has been introduced into the criminal law of many European countries, and it may be applied also in cases of serious crimes. All these special and shortened forms of criminal proceedings are connected with limited extent of process of evidence; in fact, some of these specific forms of criminal proceedings are designed for the purpose to simplify the process of evidence. That is also the reason, why some of these procedures are conditioned with the defendant’s confession. Main hypothesis: Limited process of evidence represents also a potential conflict with certain fundamental principles upon which the criminal proceeding in the Continental legal system is based. (A conflict with principle of material truth may be considered as the most important problem. This principle states that the bodies in criminal proceedings must clarify the facts of the case beyond reasonable doubt to such extent that a decision can be made; the defendant’s confession does not mean that these bodies are freed from the duty to review all the circumstances and facts of the case. Such principle is typical for criminal law in Central European region.) Basic methodologies: The paper is going to analyze such a problem of weakening of the principle of material truth in modern criminal law. Such analysis will be provided primarily on the base of the Czech criminal law, but also other legal regulations will be taken into consideration, and its result may have some relevance for all legal regulations belonging to the Continental legal system, so the paper offers also a comparison with legal systems of other Central European countries.

Keywords: burden of proof, central European countries, criminal justice rationalization, criminal proceeding, Czech legislation, Czech republic, defendant, diversions, evidence, fundamental principles, plea bargaining, pre-trial proceedings, principle of material truth, process of evidence, process of evidence

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Authors: Babak Pourghahramani

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One of the modern crimes against property and ownership in the cyber-space is the computer fraud. Despite being modern, the aforementioned crime has its roots in the principles of religious jurisprudence. In some cases, this crime is compatible with the traditional regulations and that is when the computer is considered as a crime commitment device and also some computer frauds that take place in the context of electronic exchanges are considered as crime based on the E-commerce Law (approved in 2003) but the aforementioned regulations are flawed and until recent years there was no comprehensive law in this regard; yet after some years the Computer Crime Act was approved in 2009/26/5 and partly solved the problem of legal vacuum. The present study intends to investigate the computer fraud according to Iran's Computer Crime Act and by taking into consideration the international documents.

Keywords: fraud, cyber fraud, computer fraud, classic fraud, computer crime

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Authors: Murphy P. Mohammed, Rita E. Pulmano

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This study determined the cases of violence against women in selected barangays of Tarlac City. In this research, the following questions were answered: what is the description of the cases on violence against women?; what are the causes of violence against women?; what support/assistance is provided by the LGUs?; and what plan of action can be proposed to improve the VAW services of the barangays? The methodologies used in the present study are qualitative and descriptive researches. The researchers used documentary analysis and interview to gather data. The subjects of the study are violence against women survivors from the selected ten (10) populous barangays of Tarlac City. Physical abuse, mental abuse, threatening, abandonment of children, child support issues, child custody, psychological abuse, economic abuse, and rape are the other recorded cases among the evaluated barangays. Based on the information, the researchers found out that a VAW desk was established in every respondent barangay. This in compliance with Section 12 D, Rule IV of the Rules and Regulations Implementing the Magna Carta of Women, which provides for the establishment of a VAW desk in every barangay to ensure that violence against women cases are fully addressed in a gender-responsive manner.

Keywords: Barangay VAW desk, cases of violence against women, violence against women, women's studies

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Authors: Gabaikanngwe Ethel Mambo, Kinyanjui Godfrey Gichuhi

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The study analysed the Children’s Act of 2009 of Botswana in curbing child sexual abuse (CSA) in Francistown and its surroundings. The qualitative methodology was used to collect data. Retrospective reports of CSA were obtained from various departments dealing with children. The research findings revealed the ineffectiveness of the Children’s Act of 2009 in identifying and preventing CSA. The Act has failed to deter or prevent the offenders from committing crimes against children. The study demonstrated an increase in CSA cases that were never reported. Lack of skills by the justice system exacerbated sexual molestation. The study also revealed that most CSA cases were underreported. Lastly, the study demonstrated those child victims were sexually molested by someone known to them.

Keywords: sexual abuse, molestation, incest, child

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Authors: Yuyun Sri Wahyuni, Fathih Misbahuddin Islam

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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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Authors: Tina Wu, Andrew Martin

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The expansion of the Internet of Things (IoT) brings a new level of threat. Attacks on IoT are already being used by criminals to form botnets, launch Distributed Denial of Service (DDoS) and distribute malware. This opens a whole new digital forensic arena to develop forensic methodologies in order to have the capability to investigate IoT related crimes. However, existing proposed IoT forensic models are still premature requiring further improvement and validation, many lack details on the acquisition and analysis phase. This paper proposes an enhanced theoretical IoT digital forensic model focused on identifying and acquiring the main sources of evidence in a methodical way. In addition, this paper presents a theoretical acquisition framework of the different stages required in order to be capable of acquiring evidence from IoT devices.

Keywords: acquisition, Internet of Things, model, zoning

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Authors: Malaw Ndiaye, Karim Konate

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Blockchain and smart contracts can be used to facilitate almost any financial transaction. Thanks to these smart contracts, the settlement of dividends and coupons could be automated. The blockchain would allow all these transactions to be saved in a single ledger rather than in many databases through many organizations as is currently the case. Smart contracts have become lucrative and profitable targets for attackers because they can hold a large amount of money. This paper takes stock of cryptocurrency crime by assessing attacks due to smart contracts and the cost of losses. These losses are often the result of two types of malicious contracts: vulnerable contracts and criminal smart contracts. Studying the behavior of malicious contracts allows us to understand the root causes and consequences of attacks and the defense capabilities that exist although they do not definitively solve the crime problem. It makes it possible to approach new defense perspectives which will be concretized in future work.

Keywords: blockchain, malicious smart contracts, crypto-currency, crimes, attacks

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Authors: Manotar Tampubolon

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Although the Indonesian human rights protection has increased in recent years, but human rights violations still occur in the industrial sector. Crimes against human rights continue to occur and go unnoticed in spite of the government's legislation on human rights, employment law in addition to an international treaty that has been ratified by Indonesia. The increasing number of garment companies in Bekasi, also give rise to increased human rights violations since the government does not have a commitment to protect it. The Indonesian government and industry owners should pay attention to and protect the human rights of workers and treat them accordingly. This paper will review the human rights violations experienced by workers at garment factories in the context of the law, as well as ideas to improve the protection of workers' rights.

Keywords: human rights protection, human rights violations, workers’ rights, justice, security

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Authors: F. Pagliara, F. Mauriello

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The objective of this paper is to investigate the relationship between the increase of accessibility brought by high speed rail (HSR) systems and the tourism market in Italy. The impacts of HSR projects on tourism can be quantified in different ways. In this manuscript, an empirical analysis has been carried out with the aid of a dataset containing information both on tourism and transport for 99 Italian provinces during the 2006-2016 period. Panel data regression models have been considered, since they allow modelling a wide variety of correlation patterns. Results show that HSR has an impact on the choice of a given destination for Italian tourists while the presence of a second level hub mainly affects foreign tourists. Attraction variables are also significant for both categories and the variables concerning security, such as number of crimes registered in a given destination, have a negative impact on the choice of a destination.

Keywords: tourists, overnights, high speed rail, attractions, security

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Authors: Nisha James, Shubha Ranganathan

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Sex trafficking is a traumatic ongoing process which includes human rights violations against the victims. Majority of the trafficked individuals in India are from families with low socioeconomic status, from rural areas, unmarried or married off at a very young age. Many of the sex trafficked feel that it is necessary to make sacrifices, for the benefit of their families. The combination of these cultural family values with the stigma of rape and prostitution are manipulated and used as a tool in the abuse of power against the sex trafficked. The rescue, rehabilitation and reintegration of these individuals are usually difficult due to the stigma and social exclusion that they face. In these circumstances, social support is very effective in social inclusion of these individuals. The present study was a qualitative one, using semi-structured interviews with 29 Indian survivors of sex trafficking and a few sex workers. Thematic analysis was done on the data derived from the semi-structured interviews. The major findings indicate that the family can be seen as both the ‘cause’ for being sex trafficked, and the factor in victim continuing to be sex trafficked. At the same time, it can also become a driver for getting rescued, rehabilitated and reintegrated. The study also explores the social construction about ‘family’ among the survivors of sex trafficking, reflecting on who they refer to as ‘family’, what they mean by the term ‘family’ and how these families emerge. Therefore the analytic concept of ‘family’ is a crucial element in sex trafficking and cannot be defined only in terms of its conventional definition of a basic unit of society.

Keywords: sex-trafficking, survivor, family, social construction

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Authors: Theresia Simatupang dan Rahmayanti

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Tax Law is a legal product and therefore should be subject to the legal norms, both about this actions, implementation, and about the material. Law has always aimed at providing justice, and besides that the law as a tool used to organize the order or rule of law. tax classification of a crime in this is very necessary, because the crime of taxation is very detrimental to the country and is still very high in society and socialization associated with punishment in sentencing that would have to provide a deterrent for the perpetrators, so refer to the this, these criminal offenses can endanger the stability of the nation's economy and the country that require special snacks. The application of legal sanctions against the perpetrators of the crime of taxation already has a strong legal basis, namely UU KUP. UU KUP have loaded threat (sanctions) severe punishment for tax payers who commit offenses and crimes in the field of taxation, which is contained in Article 38, and Article 39, Article 41, Article 41 A, and 41 B as well as Article 43 of Law and Law No. 12 KUP about 1985 Land Tax and Building. Criminal sanctions against violators of the tax provision are important because tax payers sanctions for violating tax laws.

Keywords: accountability, tax crime, criminal liability, taxation

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Authors: Foluke Dada

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Prisons all over the world are set up by law to provide restraint and custody for individuals accused or convicted of crimes by the state. The Nigerian prison dates back to the colonial era and is modelled after the British system. It is a system that lays emphasis on punishment and deterrence. It emphasises retribution rather than reformation. These, it can be argued, results in the inhuman conditions of Nigerian prisons and the conscienceless treatment of convicts and awaiting trial inmates in Nigerian prisons. This paper attempts an examination of the challenges currently beguiling Nigerian prisons, the need for reforms in the prison systems and the imperative of these reforms to an efficient criminal justice delivery system in the country. This paper further postulates that rehabilitation should be favoured as against retribution f the development of the Nigerian criminal justice system in line with the shift towards reform.

Keywords: criminal justice, human rights, prison reforms, rehabilitation and retribution

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Authors: Kristina F. Wolff

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Background: In the Federal Republic of Germany, violence against women is deeply embedded in society. Germany is, as of March 2020, the most populous member state of the European Union with 83.2 million inhabitants and, although more than half of its inhabitants are women, gender equality was not certified in the Basic Law until 1957. Women have only been allowed to enter paid employment without their husband's consent since 1977 and have marital rape prosecuted only since 1997. While the lack of equality between men and women is named in the preamble of the Istanbul Convention as the cause of gender-specific, structural, traditional violence against women, Germany continues to sink on the latest Gender Equality Index. According to Police Crime Statistics (PCS), women are significantly more often victims of lethal violence, emanating from men than vice versa. The PCS, which, since 2015, also collects gender-specific data on violent crimes, is kept by the Federal Criminal Police Office, but without taking into account the relevant criteria for targeted prevention, such as the history of violence of the perpetrator/killer, weapon, motivation, etc.. Institutions such as EIGE or the World Health Organization have been asking Germany for years in vain for comparable data on violence against women in order to gain an overview or to develop cross-border synergies. The PCS are the only official data collection on violence against women. All players involved are depend on this data set, which is published only in November of the following year and is thus already completely outdated at the time of publication. In order to combat German femicides causally, purposefully and efficiently, evidence-based data was urgently needed. Methodology: Beginning in January 2019, a database was set up that now tracks more than 600 German femicides, broken down by more than 100 crime-related individual criteria, which in turn go far beyond the official PCS. These data are evaluated on the one hand by daily media research, and on the other hand by case-specific inquiries at the respective public prosecutor's offices and courts nationwide. This quantitative long-term study covers domestic violence as well as a variety of different types of gender-specific, lethal violence, including, for example, femicides committed by German citizens abroad. Additionallyalcohol/ narcotic and/or drug abuse, infanticides and the gender aspect in the judiciary are also considered. Results: Since November 2020, evidence-based data from a scientific survey have been available for the first time in Germany, supplementing the rudimentary picture of reality provided by PCS with a number of relevant parameters. The most important goal of the study is to identify "red flags" that enable general preventive awareness, that serve increasingly precise hazard assessment in acute hazard situations, and from which concrete instructions for action can be identified. Already at a very early stage of the study it could be proven that in more than half of all femicides with a sexual perpetrator/victim constellation there was an age difference of five years or more. Summary: Without reliable data and an understanding of the nature and extent, cause and effect, it is impossible to sustainably curb violence against girls and women, which increasingly often culminates in femicide. In Germany, valid data from a scientific survey has been available for the first time since November 2020, supplementing the rudimentary reality picture of the official and, to date, sole crime statistics with several relevant parameters. The basic research provides insights into geo-concentration, monthly peaks and the modus operandi of male violent excesses. A significant increase of child homicides in the course of femicides and/or child homicides as an instrument of violence against the mother could be proven as well as a danger of affected persons due to an age difference of five years and more. In view of the steadily increasing wave of violence against women, these study results are an eminent contribution to the preventive containment of German femicides.

Keywords: femicide, violence against women, gender specific data, rule Of law, Istanbul convention, gender equality, gender based violence

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Authors: Adeshina Francis Akindutre, Adebolarin Adekanle

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Sexual assault is often considered as the most extreme form of violence that degrades and humiliates women in society. It is a widespread public health and psychological problem in Nigeria. Criminologically, sexual assaults have been considered as one of the several violent crimes targeted specifically at women and perpetrated by men. This paper attempts to examine the types of sexual assaults in Nigeria, the strategies used by the offenders, the causes, the psychological effects on the victims and the possible solutions of sexual assaults. This work also, examines the law prohibiting sexual assault in Nigeria. The authors made use of three theories: the victim precipitation approach, the feminist approach, and the psychological approach which explain why sexual assault takes place in society. Finally, it takes the Stockholm Syndrome into consideration (the treatment of victims).

Keywords: feminist, victims, offenders, psychological, sexual assault, Stockholm Syndrome

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Authors: Fahad Alanazi, Andrew Jones

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Digital forensics seeks to achieve the successful investigation of digital crimes through obtaining acceptable evidence from digital devices that can be presented in a court of law. Thus, the digital forensics investigation is normally performed through a number of phases in order to achieve the required level of accuracy in the investigation processes. Since 1984 there have been a number of models and frameworks developed to support the digital investigation processes. In this paper, we review a number of the investigation processes that have been produced throughout the years and introduce a proposed digital forensic model which is based on the scope of the Saudi Arabia investigation process. The proposed model has been integrated with existing models for the investigation processes and produced a new phase to deal with a situation where there is initially insufficient evidence.

Keywords: digital forensics, process, metadata, Traceback, Sauid Arabia

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Authors: Dini Dewi Heniarti

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This One of criminal sanctions that are often imposed by the judge is imprisonment. The issue on the imposition of imprisonment has been subject of contentious debate and criticism among various groups for a long time. In practice, the problematics of imprisonment lead to complicated problems. The impact of the reckless imposition of the imprisonment includes among others overcapacity of the correctional institution and increasing crimes within the correctional facilities. Therefore, there is a need for renewal of the existing condemnation paradigm, considering the developing phenomena associated with the penal imposition. Imprisonment as one element of the Indonesian penal system is an important and integral part of the other elements. The philosophy of the current penal system, which still refers to the Criminal Code, still carries the values of retaliation and fault-finding toward the offender. Therefore, it is important to reconstruct a new thought in order to realize a penal system that is represented in the formulation of a more humanistic criminal sanction

Keywords: criminal code, criminal sanction, Indonesian legal system, reconstruction of thought

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Authors: Mythri Kukkaje

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Information about the social and psychological contexts that operate as a breeding ground for perpetrators of violence against women in India is scarce. To understand the social and psychological contexts that form the bases of violent behaviour in male-perpetrators against women, interviews were conducted with 13 men above the age of 18 years, who were convicted for their crimes against women. Using thematic analysis, the nurturance and the social background of the perpetrators, determined by their social relationships, the socio-economic status, the extent of substance abuse, the history of experiencing and witnessing violence and their cultural context, were found to define the social context. The nature and the psychological background of the perpetrators determined by the thoughts and beliefs regarding gender and violence, the motivation behind their violent behaviour and a few specific personality traits were found to define the psychological context. These factors on their own, as well as an interaction between them, could be responsible for varying degrees of violence against women.

Keywords: perpetrator, psychological, social, violence against women

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Authors: Terri Cole, Fay Sweeting

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Abuse of position for sexual gain by police is defined as behavior involving individuals taking advantage of their role to pursue a sexual or improper relationship. Previous research has considered whether it involves ‘bad apples’ - individuals with poor moral ethos or ‘bad barrels’ – broader organizational flaws which may unconsciously allow, minimize, or do not effectively deal with such behavior. Low level sexual misconduct (e.g., consensual sex on duty) is more common than more serious offences (e.g., rape), yet the impact of such behavior can have severe implications not only for those involved but can also negatively undermine public confidence in the police. This ongoing, collaborative research project has identified variables from 514 historic case files from 35 UK police forces in order to identify potential risk indicators which may lead to such behavior. Quantitative analysis using logistic regression and the Cox proportion hazard model has resulted in the identification of specific risk factors of significance in prediction. Factors relating to both perpetrator background such as a history of intimate partner violence, debt, and substance misuse coupled with in work behavior such as misusing police systems increase the risk. Findings are able to provide pragmatic recommendations for those tasked with identifying potential or investigating suspected perpetrators of misconduct.

Keywords: abuse of position, forensic psychology, misconduct, sexual abuse

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Authors: Maria Elisabete da Costa Ferreira

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Violent crimes, such as terrorism, organized crime and homicides, are increasing all around the World. This fact calls for the necessity to reflect upon the effectiveness of the deterrence offered by the criminal sanctions set today. The severity of the penalties depends on the social, cultural and even religious background of the State in question. In some States, such as Portugal, the common citizen finds the sentences too soft on the perpetrator and too long to be obtained. On the other hand, in 2023, several States still apply the death penalty, among which the USA, China, and most Middle Eastern countries. As for life in prison without the possibility of parole, the number of countries accepting this possibility in their criminal law is much higher, including England and Wales, the Netherlands, Moldova, Bulgaria, Italy, Ukraine, Poland, Turkey, Russia, and Serbia. This research aims to demonstrate that both the death penalty and life in prison penalty violate the principles of human dignity and social rehabilitation of the perpetrator and propose alternative penalties that can effectively protect society from crime. The research utilizes three main methodologies: the historical method, the comparative method, and the critical method. The historical method is employed to investigate the evolution of criminal penalties over time. The comparative method is used to compare the practices of different states regarding the death penalty and life in prison penalty. Finally, the critical method is applied to analyze and evaluate the shortcomings of these penalties. From a theoretical point of view, there have been drawn several theories throughout the years to support the idea that perpetrators of crimes should be punished. Today, one of the most commonly accepted theories sustains that the penalty will only be legitimate when necessary to protect society from the perpetrator and to rehabilitate him into society. Foremost, the choice of the penalty and the form of its execution should be guided by the principle of human dignity. The death penalty and life in prison penalty fail to achieve the goal of rehabilitation and disregard the human dignity principle. The right to life is a fundamental right declared in the Universal Declaration of Human Rights and stated in most Constitutions in the World. In conclusion, the research demonstrates that the death penalty and life in prison penalty are in violation of the principles of human dignity and social rehabilitation. These penalties fail to achieve their intended goals and disregard fundamental human rights. Although it may sound tempting to some States to rethink the current system of instated penalties to the admission of these penalties, it is imperative to take the inverse road because the protection of society must be achieved with respect to the perpetrator's fundamental rights, so, alternative penalties must be enforced. Society's belief in its citizen's ability to change must be reinforced, and, ultimately, the belief in Humankind. The findings of this research contribute to the discussion on the use of these penalties and aim to contribute to their decreasing usage in society.

Keywords: death penalty, life in prison penalty, human dignity, rehabilitation

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Authors: James Moir

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The mainstay of Big Data is prediction in that it allows practitioners, researchers, and policy analysts to predict trends based upon the analysis of large and varied sources of data. These can range from changing social and political opinions, patterns in crimes, and consumer behaviour. Big Data has therefore shifted the criterion of success in science from causal explanations to predictive modelling and simulation. The 19th-century science sought to capture phenomena and seek to show the appearance of it through causal mechanisms while 20th-century science attempted to save the appearance and relinquish causal explanations. Now 21st-century science in the form of Big Data is concerned with the prediction of appearances and nothing more. However, this pulls social science back in the direction of a more rule- or law-governed reality model of science and away from a consideration of the internal nature of rules in relation to various practices. In effect Big Data offers us no more than a world of surface appearance and in doing so it makes disappear any context-specific conceptual sensitivity.

Keywords: big data, appearance, disappearance, surface, epistemology

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Authors: Daniel Suarez Alonso

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This study has tried to focus on the alternatives offered to police institutions by the implementation of Geographic Information systems. Providing operational police commanders with effective and efficient tools, providing analytical capacity to reduce criminal opportunities, must be a priority. Given the intimate connection of crimes and infractions to the environment, law enforcement institutions must respond proactively to changing circumstances of anti-norm behaviors. To this end, it has been intended to analyze the antisocial spatial distribution of the city of Móstoles, trying to identify those spatiotemporal patterns that occur to anticipate their commission through the planning of dynamic preventive strategies. The application of GIS offers alternative analytical approaches to the different problems that underlie the development of life in society, focusing resources on those places with the highest concentration of incidents.

Keywords: data analysis, police organizations, police prevention, geographic information systems

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Authors: David Abrahams

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In October 2016 South Africa deposited its ‘instrument of withdrawal’ from the Rome Statute of the International Criminal Court, with the Secretary-General of the United Nations. The Rome Statute is the founding document of the treaty-based International Criminal Court (ICC). The ICC has jurisdiction to hear cases where crimes against humanity, war crimes and genocide have been committed, on the basis of individual criminal responsibility. It is therefore not surprising that one of the ICCs mandates is to ensure that the sufferings, due to gross human rights violations towards the civilian population is, in principle, brought to an end by punishing those individuals responsible, thus providing justice to the victims. The ICC is unable to effectively fulfill its mandate and thus depends, in part on the willingness of states to assist the Court in its functions. This requires states to ratify the Statute and to domesticate its provisions, depending on whether it is a monist or dualist state. South Africa ratified the Statute in November 2000, and domesticated the Statute in 2002 by virtue of the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002. South Africa thus remains under an obligation to cooperate with the ICC until the final date of withdrawal, which is October 2017. An AU Summit was hosted by South Africa during June 2015. Omar Al-Bashir, whom the prosecutor of the ICC has indicted on two separate occasions, was invited to the summit. South Africa made an agreement with the AU that it will honour its obligations in terms of its Diplomatic and Immunities Privileges Act of 2001, by granting immunity to all heads of state, including that of Sudan. This decision by South Africa has raised a plethora of questions regarding the status and hierarchy of international laws versus regional laws versus domestic laws. In particular, this paper explores whether a state’s international law treaty obligations may be suspended in favour of, firstly, regional peace (thus safeguarding the security of the civilian population against further atrocities and other gross violations of human rights), and secondly, head of state immunity. This paper also reflects on the effectiveness of the trias politca in South Africa in relation the manner in which South African courts have confirmed South Africa’s failure in fulfilling its obligations in terms of the Rome Statute. A secondary question which will also be explored, is whether the Rome Statute is currently an effective tool in dealing with gross violations of human rights, particularly in a regional African context, given the desire by a number of African states currently party to the Statute, to engage in a mass exodus from the Statute. Finally, the paper concludes with a proposal that there can be no justice for victims of gross human rights violations unless states are serious in playing an instrumental role in bringing an end to impunity in Africa, and that withdrawing from the ICC without an alternative, effective system in place, will simply perpetuate impunity.

Keywords: African Union, diplomatic immunity, impunity, international criminal court, South Africa

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Authors: Nadia Warmilee

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This study is s descriptive-analytical research and it aims at studying sound intensity in individuals with antisocial personality disorder and ordinary persons. Data were collected from experimental and control groups by interviews and a field research. Population was all male Iranian with antisocial personality disorder that three of them (a murderer and two individuals with antisocial personality disorder (APD) who have not committed any crimes yet) were selected purposefully. They were compared to three non-affected people. PRAAT software has been used to analyze the data. Results of this study show that there is a significant relationship between dysthymia and sound intensity values. Antisocial personality disorder also affects sound intensity fluctuations. The values of sound intensity are higher in non-affected people than affected one whilst these values are more monotonous. T-test was used to study significance or in significance of sound intensity difference in producing vowels.

Keywords: Acoustics, Sound Intensity, Antisocial Personality Disorder, Psycholinguistics

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Authors: Priya M. V., Thakar Singh

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A field experiment was carried out during the rabi season of 2017 and 2018 to evaluate the productivity and economic viability of bed-planted chickpea-based intercropping systems. The experiment was laid out in a randomized block design consisting of four replications with thirteen treatments. Results showed that sole chickpea recorded the highest seed yield, and it was statistically at par with seed yield obtained under chickpea + oats fodder (2:1), chickpea + oats fodder (4:1), and chickpea + linseed (4:1) intercropping systems. However, oilseed rape and barley as intercrops showed an adverse effect on yield and yield attributes of chickpea. Chickpea + oats fodder in 2:1 row ratio recorded the highest chickpea equivalent yield of 24.07 and 24.77 q/ha during 2017 and 2018, respectively. Higher net returns (Rs. 63098 and 70924/ha) and benefit-cost ratio (1.47 and 1.63) were also recorded in chickpea + oats fodder (2:1) intercropping system over sole chickpea (Rs. 44862 and 53769/ha and 1.21 and 1.41) during both the years. Chickpea + oats fodder (4:1), chickpea + linseed (2:1), and chickpea + linseed (4:1) also recorded significantly higher chickpea equivalent yield, net returns, and benefit-cost ratio as compared to sole chickpea.

Keywords: bed planted chickpea, chickpea equivalent yield, economic returns, intercropping system, productivity

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Authors: Rochelle Daley, Eric Garraway, Catherine Murphy

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Crime is a major problem in Jamaica as well as the high number of unsolved violent crimes. The introduction of forensic entomology in criminal investigations has the potential to decrease the number of unsolved violent crimes through the estimation of PMI (post-mortem interval) or time since death. Though it has great potential, forensic entomology requires data from insects specific to a geographical location to be credibly applied in legal investigations. It is a relatively new area of study in the Caribbean, with multiple pioneer research opportunities. Of critical importance in forensic entomology is the ability to identify the species of interest. Larvae are commonly collected at crime scenes and a means of rapid identification is crucial. Moreover, a low-cost method is critical in countries with limited budget available for crime fighting. Sarcophagids are one of the most important colonisers of a carcass however, they are difficult to distinguish using morphology due to their similarities, however, there is a lack of research on the larvae of this family. This research contributes to that, having identified the larvae of three species from the family Sarcophagidae: Peckia nicasia, Peckia chrysostoma and Blaesoxipha plinthopyga; important agents in flesh decomposition. Adults of Sarcophidae are also difficult to differentiate, often requiring study of the genitalia; the use of larvae in species identification is important in such cases. Adult Sarcophagids were attracted using bottle traps baited with pig liver. These adults larviposited and the larvae were collected and colonises (generation 2 and 3) reared at room temperature for morphological work (n=50). The posterior ends of the larvae from segments 9 or 10 were removed and mounted posterior end upwards to allow study using a light microscope at magnification X200 (posterior cavity and intersegmental spine bands) and X640 (anterior and posterior spiracle). The remaining sections of the larvae were cleared in 10 % KOH and the cephalopharyngeal skeleton dissected out and measured at different points. The cephalopharyngeal skeletons show observable differences in the shapes and sizes of the mouth hooks as well as the length of the ventral cornua. The most notable difference between species is in the general shape of the anal segments and the shape of the posterior spiracles. Intersegmental spine bands of these larvae become less pigmented and visible as the larvae change instars. Spine bands along with anterior spiracle are not recommended as features for species distinction. Larvae can potentially be used to distinguish Sarcophagids to the level of species, with observable differences in the anal segments and the cephalopharyngeal skeletons. However, this method of identification should be tested by comparing these morphological features with other Jamaican Sarcophagids to further support this conclusion.

Keywords: 3rd instar larval morphology, forensic entomology, Jamaica, Sarcophagidae

Procedia PDF Downloads 115

Authors: Pallavi Roe

Abstract:

Violent crime is a significant public safety concern in urban areas across the United States, and Washington, DC, is no exception. This research discusses the prevalence and types of crime, particularly violent crime, in Washington, DC, along with the factors contributing to the high rate of violent crime in the city, including poverty, inequality, access to guns, and racial disparities. The organizations working towards ensuring safety in neighborhoods are also listed. The proposal to perform spatial and temporal analysis on violent crime and the use of guns in crime analysis is presented to identify patterns and trends to inform evidence-based interventions to reduce violent crime and improve public safety in Washington, DC. The stakeholders for crime analysis are also discussed, including law enforcement agencies, prosecutors, judges, policymakers, and the public. The anticipated result of the spatial and temporal analysis is to provide stakeholders with valuable information to make informed decisions about preventing and responding to violent crimes.

Keywords: crime analysis, spatial analysis, temporal analysis, violent crime

Procedia PDF Downloads 271

Authors: Tatenda Manomano

Abstract:

The chronic challenges presented by HIV/AIDS globally have come with extreme negative effects on individuals, families and communities as well as governments. Sub-Saharan Africa remains strongly challenged with South Africa bearing a huge brunt of these. The paper examines the extent to which the effects of HIV/AIDS are addressed in low cost housing projects in South Africa with a case of the RDP Golf Course Housing Project in Alice Town. The study used a triangulation of both qualitative and quantitative methods with the qualitative as the dominant method while the quantitative was less dominant. Findings revealed that infection rate was high; prostitution was high; alcohol abuse was also high; and rape and sexual abuse was also high and there was also lack of hospitals and social workers around the location. These findings prompted this researcher to recommend for proactive policy making that can bolster the challenges faced by these low cost housing projects in accessing health and social services as well as massive campaigns that can promote behavior modification among other things. It is hoped that this paper will be a platform to ring a bell to both government and non-government to augment the campaign against HIV/AIDS in South Africa.

Keywords: HIV/AIDS, RDP houses, low cost housing projects, campaigns

Procedia PDF Downloads 368

Authors: Elizabeth Carthy

Abstract:

There is growing recognition that sexual exploitation and abuse (SEA) perpetrated by humanitarian workers is widespread, most recently affirmed by allegations of high-ranking Oxfam officials paying women for sex in post-earthquake Haiti. SEA covers a range of gendered abuses, including rape, sexual assault, and ‘transactional’ or ‘survival’ sex. Holding individuals legally accountable for such behaviors is difficult in all contexts even more so in fragile and conflict-affected settings. Transactional sex, for the purposes of this paper, refers to situations where humanitarian workers exchange aid or assistance for sexual services. This paper explores existing organizational accountability measures relating to transactional sex engaged in by international humanitarian workers through a descriptive and interpretive case study approach-examining the situation in Haiti. It comparatively analyses steps the United Nations has taken to combat this problem. Then it examines the possibility of domestic legal accountability for such conduct in Haiti. Finally, the paper argues that international human rights law can fill in potential gaps in domestic legal frameworks to ensure states hold humanitarian workers and potentially organizations accountable for engaging in and/or perpetuating this gendered abuse of power.

Keywords: gender-based violence, humanitarian action, international human rights law, sexual exploitation

Procedia PDF Downloads 132

Authors: Hyo-Su Lim, Ye-Eun Song, Eun-Bi Lee, Sang-Yoon Lee, Young-Il Seo, Jin-Pyo Kim, Nam-Kyu Park

Abstract:

If we analogize any physical external force given to victims in many crimes including violence, it would be possible not only to presume mutual action between victims and suspects, but to make a deduction of more various facts in cases. Therefore, the aim of this study is to identify criminal tools through secretion on clothes by using amino acid reagents such as Ninhydrin, DFO(1,8-dizafluoren-9-one), 1,2 – IND (1,2-indanedione) which are reacting to skin secretion. For more effective collecting condition, porcine skin which is physiologically similar to human was used. Although there were little differences of shape identification according to sensitivity, amino acid reagents were able to identify the fist, foot, and baseball bat. Furthermore, we conducted the experiments for developmental variations through change over time setting up 5-weeks period including first damage as variation factor, and developing materials in each action through certain reagents. Specimen level of development depending on change over time was identified. As a result, each of initial level of development was seen no changes.

Keywords: hit marks, amino acid reagents, porcine skin, criminal tool

Procedia PDF Downloads 236