Search results for 'Criminal act' (try it on Scholar)

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  1. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 204.0
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions (...)
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  2. Robert Kinscherff (2010). Proposition: A Personality Disorder May Nullify Responsibility for a Criminal Act. Journal of Law, Medicine and Ethics 38 (4):745-759.score: 180.0
    This article argues in support of the proposition that “A Personality Disorder May Nullify Responsibility for a Criminal Act.” Building upon research in categorical and dimensional controversies in diagnosis, neurocognitive science and the behavioral genetics of mental disorders, and difficulties in differential diagnosis and co-morbidity with personality disorders, this article holds that a per se rule barring personality diagnosis as a basis for a defense of legal insanity is scientifically and conceptually indefensible. Rather, focus should be upon the severity (...)
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  3. Adjr Act (forthcoming). 75B of the TP Act (Gleeson CJ, Gummow, Hayne, Heydon, Cren-Nan JJ). Migration-Refugee Status-Fear of" Serious Harm" In VBAO V MIMIA [2006] HCA 60;(14 December 2006) the High Court Concluded That the Reference to the Threat of Serious. [REVIEW] Ethos.score: 180.0
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  4. Trade Practises Act (forthcoming). ACT Administrative Appeals Tribunal Decisions. Ethos.score: 180.0
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  5. An Act (1983). The Louisiana Creationism Act (1981). In J. Peter Zetterberg (ed.), Evolution Versus Creationism: The Public Education Controversy. Oryx Press. 394.score: 180.0
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  6. Jolanta Zajančkauskienė (2011). Questions of Compensation for Damage, Caused by the Criminally Insane Person's Criminal Act (article in German). Jurisprudence 18 (3):1145-1161.score: 168.0
    The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, stated in (...)
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  7. Ann Alpers (1998). Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying. Journal of Law, Medicine and Ethics 26 (4):308-331.score: 150.0
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  8. A. Alpers (1998). Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying,” Joumal of Law, Medicine. In Stephen Everson (ed.), Ethics. Cambridge University Press. 6--26.score: 150.0
     
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  9. Peter R. Braude, Martin H. Johnson & Hester P. M. Pratt (1984). Science and Society: Should Medical Research Be Made a Criminal Act? Bioessays 1 (5):232-237.score: 150.0
  10. Douglas Husak (2011). An Alleged Act Requirement in the Criminal Law. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.score: 126.0
     
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  11. Antony Duff (2004). Action, the Act Requirement and Criminal Liability. Royal Institute of Philosophy Supplement 55:69-103.score: 120.0
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  12. Raimundas Jurka (2013). Entrapment as an Intrument in the Course of Making Evidence in Criminal Procedure. Jurisprudence 20 (1):249-265.score: 120.0
    This article refers to the analysis of types of entrapment while gathering evidence in criminal proceedings. Based on the analysis of the laws of criminal procedure, theory and judicial practice, one could say that entrapment, as absolutely impermissible action in the course of simulation of a criminal act, could not be seen as mere pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice. As it happens, it is possible (...)
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  13. Susan Dimock (2012). Intoxication and the Act/Control/Agency Requirement. Criminal Law and Philosophy 6 (3):341-362.score: 108.0
    Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at (...)
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  14. Andrew Botterell (2012). Understanding the Voluntary Act Principle. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.score: 108.0
    In broad outline, the chapter proceeds as follows. As indicated above, the Voluntary Act Principle has two components. The first part, the act component, claims that criminal liability can be imposed on an accused only for the performance of an act. The second part, the voluntariness component, claims that criminal liability can be imposed on an accused only for the voluntary performance of an act. I will argue that both components of the Voluntary Act Principle are in need (...)
     
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  15. Stephen P. Garvey (forthcoming). Canadian Scholars on Criminal Responsibility. Criminal Law and Philosophy:1-14.score: 90.0
    This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.
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  16. Gideon Yaffe (forthcoming). In Defense of Criminal Possession. Criminal Law and Philosophy:1-31.score: 72.0
    Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper (1) defends the Voluntary Act Requirement, (2) offers an account of the (...)
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  17. Walter Glannon (2014). The Limitations and Potential of Neuroimaging in the Criminal Law. Journal of Ethics 18 (2):153-170.score: 72.0
    Neuroimaging showing brain abnormalities is increasingly being introduced in criminal court proceedings to argue that a defendant could not control his behavior and should not be held responsible for it. But imaging has questionable probative value because it does not directly capture brain function or a defendant’s mental states at the time of a criminal act. Advanced techniques could transform imaging from a coarse-grained measure of correlations between brain states and behavior to a fine-grained measure of causal connections (...)
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  18. Laurynas Pakštaitis (2013). Illicit Enrichment as a Crime According to the Criminal Law of Lithuania: Origins, Problems of Criminalization, Implementation and Perspectives. Jurisprudence 20 (1):319-341.score: 72.0
    Recent developments in criminal legislation of the Republic of Lithuania among other significant novelties include the criminalization of illicit enrichment as criminal offence. Such offence presents new legal instrument for the law enforcement in dealing with individuals who acquire property in doubtful ways. The crime of illicit enrichment is rather a novelty within the context of criminal legislation. Such novelty was largely based upon the requirements of United Nations Convention against Corruption, which stipulates the implementation of such (...)
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  19. Justinas Sigitas Pečkaitis (2013). Criminal Liability for Negligent Accountancy. Jurisprudence 20 (1):343-357.score: 72.0
    This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in (...)
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  20. Romualdas Drakšas (2013). Some Problematic Issues of Criminal Liability for Misappropriation. Jurisprudence 20 (1):283-299.score: 72.0
    The act of “embezzlement” provided for in Article 183 of the Criminal Code of the Republic of Lithuania gives rise to a number of both theoretical and practical problems. First of all, various authors do not agree whether embezzlement constitutes a substantive or formal element. In the author’s opinion, embezzlement is deemed complete when possession of the property of others is taken illegally and there is a real possibility, perceived by the perpetrator, to manage it, to use it or (...)
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  21. Aurelijus Gutauskas (2013). The Peculiarities of Qualification of Criminal Offences, Related to Narcotic and Psychotropic Substances. Jurisprudence 20 (2):775-786.score: 68.0
    Today, a rapidly spreading drug addiction is one of the most relevant problems in Lithuania. It is possible to state without reservation that it has become a threatening social phenomenon. Drug addiction is considered to be one of the national threats. Trafficking in narcotic and psychotropic substances is being conducted on an international level, destroying states’ economic and political welfare. The use of these substances has a negative impact on human mental and physical health, ruins human personality and produces other (...)
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  22. Mary Dominick (2008). The US Alien Tort Claims Act of 1789, the US Torture Victims Protection Act of 1992, and the Gongadze Case: A Right Without Adequate Remedy? [REVIEW] Human Rights Review 9 (4):545-547.score: 68.0
    The US 1992 Torture Victims Protection Act (TVPA) strengthens the reach of the 1789 Alien Tort Claims Act (ATCA) to US citizens alleging claims of torture and/or extrajudicial killings that occur abroad, but only if the plaintiffs were US citizens at the time of the criminal acts. Should the later-in-time statute, which gives effect to the United Nations Convention against Torture and extends remedies under the ATCA, be amended to apply to those given political asylum in this country from (...)
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  23. Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.score: 66.0
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake (...)
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  24. Oleg Fedosiuk (2012). Criminal Liability as a Last Resort (Ultima Ratio): Theory and Reality. Jurisprudence 19 (2):715-738.score: 66.0
    The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based on (...)
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  25. Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.score: 66.0
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...)
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  26. Gerben Meynen (2010). Free Will and Psychiatric Assessments of Criminal Responsibility: A Parallel with Informed Consent. [REVIEW] Medicine, Health Care and Philosophy 13 (4):313-320.score: 66.0
    In some criminal cases a forensic psychiatrist is asked to make an assessment of the state of mind of the defendant at the time of the legally relevant act. A considerable number of people seem to hold that the basis for this assessment is that free will is required for legal responsibility, and that mental disorders can compromise free will. In fact, because of the alleged relationship between the forensic assessment and free will, researchers in forensic psychiatry also consider (...)
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  27. Jolanta Zajančkauskienė (2010). The Suspect's (Indictee's) Criminal Procedural Capability (text only in German). Jurisprudence 122 (4):245-259.score: 66.0
    The parties of the criminal process, possessing the same procedural status (the suspects, indictees), must also have the same rights and obligations; however, if such “differences” as mental disability exists between them, discrimination of the rights and obligations is objectively justifiable. Otherwise, deviation from the constitutional principles of equality between the lawful state and the persons would occur.The article is aimed at substantiating the suspect’s (indictee’s) procedural capability, which is predetermined by the person’s psychic condition. The article starts with (...)
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  28. Peter K. Westen (2007). Why Criminal Harms Matter: Plato's Abiding Insight in the Laws. [REVIEW] Criminal Law and Philosophy 1 (3):307-326.score: 60.0
    Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard (...)
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  29. Jolanta Zajanckauskiene (2010). Criminal Procedure Involving the Disabled Persons (text only in German. Jurisprudence 119 (1):331-349.score: 60.0
    The present article is aimed at substantiating the differentiation of the criminal procedure involving the disabled persons as well as at assessing some standards of protection of rights of the latter participants of the procedure, established in the Code of Criminal Procedure of the Republic of Lithuania. The provisions of the Constitutional Court of the Republic of Lithuania, given in the present article, enabled generalizing the following two aspects. The first aspect covers the substantiation of the criminal (...)
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  30. Shixin Liu (2012). Xing Fa Zhong de Xing Wei Li Lun Yan Jiu. Ren Min Chu Ban She.score: 60.0
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  31. Tamler Sommers, The Intellectually Modest Criminal.score: 54.0
    Michael Smith’s The Moral Problem gives an admirably straightforward condition for moral rightness: an act is morally right in circumstance C only if under conditions of full rationality we would all want to perform that act. I will assume that this condition, if met, would make acts objectively right and therefore vindicate a robust form of metaethical realism. There remains the question, however, of whether this condition can be met. Smith considers several arguments that it cannot, and this paper will (...)
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  32. Jesper Ryberg & Thomas S. Petersen (2013). Neurotechnological Behavioural Treatment of Criminal Offenders—A Comment on Bomann-Larsen. Neuroethics 6 (1):79-83.score: 54.0
    Whether it is morally acceptable to offer rehabilitation by CNS-intervention to criminals as a condition for early release constitutes an important neuroethical question. Bomann-Larsen has recently suggested that such interventions are unacceptable if the offered treatment is not narrowly targeted at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen’s analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed (...)
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  33. M. Brazier & S. Fovargue (2006). A Brief Guide to the Human Tissue Act 2004. Clinical Ethics 1 (1):26-32.score: 54.0
    The Human Tissue Act 2004 is designed to regulate the storage and use of organs and tissues from the living, and the removal, storage and use of the same material from the deceased. It repeals much criticized legislation, including the Human Tissue Act 1961, and establishes a Human Tissue Authority to ensure compliance with the Act via a licensing and monitoring regime. When the Act comes into force, probably in April 2006, it will be a criminal offence not to (...)
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  34. A. Kenny (1986). Anomalies of Section 2 of the Homicide Act 1957. Journal of Medical Ethics 12 (1):24-27.score: 54.0
    Section 2 of the 1957 Homicide Act is indefensible: the concept of 'mental responsibility' is a hybrid which turns the psychiatrist witness either into a thirteenth juryman or a spare barrister. But reform does not lie along the lines suggested by the Butler Committee or the Criminal Law Revision Committee. The latter leaves the jury with insufficient guidance; the former returns to the bad eighteenth century policy of treating mental illness not as a factor in determining responsibility but as (...)
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  35. Thérèse Murphy & Noel Whitty (2000). What is a Fair Trial? Rape Prosecutions, Disclosure and the Human Rights Act. Feminist Legal Studies 8 (2):143-167.score: 54.0
    This article engages with the vogue for predicting the effects of the Human Rights Act 1998 by focusing on the rape prosecution and trial. The specific interest is feminist scrutiny of the right to a fair trial, particularly the concept of ‘fairness’, in light of the increasing use of disclosure rules (in Canada and England) to gain access to medical and counseling records. Transcending the two contemporary narratives of ‘victims’/women’s rights and defendants’ rights in the criminal justice system, the (...)
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  36. Jeffrie G. Murphy (1971). Involuntary Acts and Criminal Liability. Ethics 81 (4):332-342.score: 50.0
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  37. David A. J. Richards (1989). Book Review:Bad Acts and Guilty Minds: Conundrums of the Criminal Law. Leo Katz. [REVIEW] Ethics 99 (3):648-.score: 50.0
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  38. Vera Bergelson (2009). The Case of Weak Will and Wayward Desire. Criminal Law and Philosophy 3 (1):19-28.score: 48.0
    In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not (...)
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  39. Paresh Kathrani (2011). Asylum Law or Criminal Law: Blame, Deterrence and the Criminalisation of the Asylum. Jurisprudence 18 (4):1543-1554.score: 48.0
    Although the Refugee Convention 1951 generally provided that contracting states should recognise those who came within its definition as refugees, it did not prescribe how contracting states should determine this in order to enable them to balance this obligation with their national interests. However, evidence from the background and drafting of the Refugee Convention 1951 suggests that the provisions that a contracting states would implement in order to protect its interests would be commensurate with the human rights spirit of the (...)
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  40. Philip Pettit (1997). Republican Theory and Criminal Punishment. Utilitas 9 (01):59-.score: 42.0
    Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...)
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  41. Thomas A. Hemphill & Francine Cullari (2009). Corporate Governance Practices: A Proposed Policy Incentive Regime to Facilitate Internal Investigations and Self-Reporting of Criminal Activities. [REVIEW] Journal of Business Ethics 87 (1):333 - 351.score: 42.0
    Since the mid-1980s, internal corporate investigations have become commonplace in the U. S., with an upsurge occurring as a result of the corporate scandals of 2001-02 involving Adelphi Communications Corporation, Enron, Merck & Company, Riggs Bank, and other companies accused of financial malfeasance. After an introduction, this article first presents the U. S. public policy framework (as implemented through the U. S. Sentencing Commission, the U. S. Department of Justice, and the Securities and Exchange Commission) encouraging the use of corporate (...)
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  42. Daniel Ohana (2006). Responding to Acts Preparatory to the Commission of a Crime: Criminalization or Prevention? Criminal Justice Ethics 25 (2):23-39.score: 42.0
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  43. Carl Pacini, Judyth A. Swingen & Hudson Rogers (2002). The Role of the OECD and EU Conventions in Combating Bribery of Foreign Public Officials. Journal of Business Ethics 37 (4):385 - 405.score: 42.0
    The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention) obligates signatory nations to make bribery of foreign public officials a criminal act on an extraterritorial basis. The purposes of this article are to describe the nature and consequences of bribery, outline the major provisions of the OECD Convention, and analyze its role in promoting transparency and accountability in international business. While the OECD Convention is not expected to totally eliminate the seeking (...)
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  44. Rima Ažubalytė (2010). A Victim's Right to Access Justice (text only in Lithuanian). Jurisprudence 122 (4):221-244.score: 42.0
    The right of a person, who is a victim of a criminal act, to access justice (court) according to the criminal legal order, is analyzed in this article. The right to appeal to a court is analyzed as a constituent part of the principle of accessibility to legal defence. Pre-eminently, the general constitutional fundamentals of the right towards legal defence are estimated. The provisions of the jurisprudence of the Constitutional Court of Lithuania, i.e. that the right towards legal (...)
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  45. Linas Žalnieriūnas & Tomas Girdenis (2013). Problematic Qualification Aspects of the Avoidance to Maintain a Child and Alternative Ways of Child Maintenance. Jurisprudence 20 (2):707-724.score: 42.0
    The article analyzes one of the fundamental rights – the right to maintenance, which proper implementation ensures normal development of the child. This right matches with the duty of parents to maintain their minor children. Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania states that parents have a duty to educate their children to be honest people and loyal citizens, supporting them until adulthood. The obligation to maintain children is established in the first 3.192 Article (...)
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  46. Larry Alexander (1990). Reconsidering the Relationship Among Voluntary Acts, Strict Liability, and Negligence in Criminal Law. Social Philosophy and Policy 7 (02):84-.score: 40.0
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  47. Edita Gruodytė (2010). Problematic Aspects of Subject Matter in Criminal Deeds, Related to Illegal Disposition of Narcotic Drugs and Psychotropic Substances (text only in Lithuanian). Jurisprudence 122 (4):153-167.score: 38.0
    Lithuania’s legislation, establishing criminal liability for illegal disposition of narcotic drugs and psychotropic substances, uses two different terms while identifying the subject matter for criminal deeds: “narcotic and psychotropic substances” and “plants, incorporated into the lists of controlled substances.” The legislation in article 269 of the Lithuanian criminal code explains that narcotic and psychotropic substances, indicated in the respective chapter of the Lithuanian criminal code, shall be those substances that are included in the lists of narcotic (...)
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  48. Aimee Bolletino (2008). Crimes Against Humanity in Colombia: The International Criminal Court's Jurisdiction Over the May 2003 Attack on the Betoyes Guahibo Indigenous Reserve and Colombian Accountability. [REVIEW] Human Rights Review 9 (4):491-511.score: 38.0
    The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty and makes a (...)
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  49. Matti Tolvanen (2009). Trust, Business Ethics and Crime Prevention – Corporate Criminal Liability in Finland. Jurisprudence 115 (1):335-358.score: 38.0
    According to the Finnish Penal Code a corporation may be sentenced to a corporate fine if a person who is part of its statutory organ or other management or who exercises actual decision-making authority therein 1) has been an accomplice in an offence or allowed the commission of the offence, or 2) if the care and diligence necessary for the prevention of the offence has not been observed in the operations of the corporation. Criminal liability of legal persons is (...)
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  50. Randy E. Barnett (1985). Pursuing Justice in a Free Society: Part One—Power Vs. Liberty. Criminal Justice Ethics 4 (2):50-72.score: 36.0
    The problem of pursuing and achieving justice in a free society involves three different areas of analysis. First, the types of acts that are to be proscribed must be specified. Part of this analysis is methodological, requiring us to settle on the way in which such questions are to be decided. Second, once an offense has been defined, the remedy for its commission must be determined in a manner that is consistent with the theory of justice that defined the (...) act. Finally, the structure of the legal order that will efficiently enforce these principles and at the same time not violate them must be explored. (shrink)
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