"Defective Delinquent" and Habitual Criminal Offender Statutes: Required Constitutional Safeguards

1967 ◽  
Keyword(s):  
Criminal Offender ◽  
Habitual Criminal

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

Punishment and Citizenship

2018 ◽  
Author(s):  
Milena Tripkovic
Keyword(s):  
Historical Development ◽  
Full Range ◽  
Normative Theory ◽  
Political Organization ◽  
Citizenship Status ◽  
Criminal Conviction ◽  
Criminal Offender ◽  
Normative Foundations ◽  
Common Understanding

The book develops a normative theory of criminal disenfranchisement and determines which offenders may justifiably lose electoral rights after criminal conviction. Having examined the historical development of the practice and contemporary electoral restrictions—which reveal that disenfranchisement is still widespread in European democracies—the book goes on to explore the nature of this sanction and its normative foundations. Diverging from common understanding, the book proposes that criminal disenfranchisement is not a form of punishment, but a citizenship sanction that aims to reduce membership entitlements of disenfranchised criminals and deplete their citizenship status. To determine whether criminal disenfranchisement can be justified, it is necessary to understand the substance of membership in a polity and the requirements that a citizen ought to satisfy to enjoy a full range of rights attached to this status. To account for possible differences in citizenship requirements between diverse types of polities, the book develops three ideal-typical models, which are loosely tied to the liberal, republican, and communitarian forms of political organization. The book contends that, regardless of internal differences, only one kind of criminal offender fails to satisfy citizenship requirements in all three types of polity and may thus incur electoral restrictions—a person who has seriously and irreversibly severed citizenship ties with her polity owing to an incorrigible lack of moral conscience. The book concludes by specifying additional conditions that ought to be satisfied before restrictions can be enacted, but also suggests reasons for which polities may abstain from imposing them.

scholarly journals Bayesian Crime Investigations: Integrating Actuarial And Expert Models

2021 ◽  
Author(s):  
Jared C. Allen
Keyword(s):  
Regression Analysis ◽  
Prediction Accuracy ◽  
Linear Trend ◽  
Regression Equations ◽  
Criminal Offender ◽  
Offender Characteristics ◽  
Subjective Input ◽  
Expert Ratings ◽  
Analysis Models ◽  
Expert Models

In response to concerns that some of the most methodologically rigorous predictive studies of criminal offender characteristics may yet be less generalizable and applicable than advertised or assumed, this research first tests how well seven regression analysis models (represented by 28 equations) predict characteristics across three conditions: familiar cases (used to create the regressions), less familiar cases (native to the sample used to create the regressions) and foreign cases (from a similar but novel sample). Here a linear trend shows overfitting of the models to their own sample: a drop-off in prediction accuracy relative to simple mean-based prediction as cases become more foreign (ηp 2 = .646). In response to hopes that subjective input from expert police investigators could be integrated into the models to correct for this overfitting bias, this research also tests an algorithm combining expert ratings with the regression equations. Here moderate and significant improvement in novel-case prediction is observed overall (p = .036, r = .44) and equations for all twelve expert participants are shown to improve prediction to varying degrees. These results suggest that current best methods would perform poorly in the field, but can be improved by expert insight.

The Profile of the Disenfranchised Offender

2018 ◽  
pp. 126-151
Author(s):  
Milena Tripkovic
Keyword(s):  
Theoretical Framework ◽  
Active Part ◽  
Criminal Offender

This chapter examines the profile of the criminal offender who may be legitimately disenfranchised in line with the previously expounded theoretical framework. While the preceding chapter concluded that the only possible candidates for disenfranchisement are persons who have seriously and irreversibly severed citizenship ties with their polity owing to an incorrigible lack of moral conscience, the current chapter sets out further considerations that ought to aid policymakers. The chapter argues that immoral offenders should only be disenfranchised for serious crimes against the polity or their co-citizens, that judges should play an active part in imposing the sanction, that disenfranchisement should be permanent, and that limits to active and passive suffrage should be equal. The chapter also draws a distinction between a right and a duty to disenfranchise, by explaining the reasons for which polities may abstain from imposing such restrictions.

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