Criminal Law. Habitual Criminal. Prior Conviction in Foreign State to Be Considered in Terms of Other State's Statute in Determining Whether Defendant Is Second Felony Offender

1950 ◽  
Vol 36 (4) ◽  
pp. 540
Keyword(s):  
Criminal Law ◽  
Foreign State ◽  
Habitual Criminal ◽  
Prior Conviction ◽  
Felony Offender

A STUDY ON CRIMINAL AND SOCIOLOGICAL BEHAVIOR OF THE RECIDIVIST AND ITS REMEDIAL ACTIONS REGARDING THE CRIMINAL LAW OF BANGLADESH

2019 ◽  
Vol 5 (1) ◽  
pp. 429-438
Author(s):  
Sunjida Islam ◽  
Antora Goswami
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Judicial System ◽  
Penal Institutions ◽  
Remedial Actions ◽  
Habitual Criminal ◽  
Short Time ◽  
Critical Challenge

In Criminology, recidivism is one of the most fundamental concepts. Recidivism connotes to an individual’s relapse into criminal behavior, which was already punished or has been the object of intervention. Recidivism is a criminal act that resulted in re-arrest, reconvic-tion or returns into jail with or without a new sentence after the prisoner’s release. Recidi-vism is measured through chronic criminal behavior leading to numerous re-arrests and re-imprisonments. Studies have found that more than one-half of the imprisoned have been served sentences for committing previous offenses. And the main reasons behind this are the habitual criminal behavior of the criminal, to short time of imprisonment and inade-quate measures taken by the penal institutions. Now in Bangladesh, recidivism is the most critical challenge to counterterrorism. Though the number of recidivists grows in the pris-ons of Bangladesh because of the gaps in the country’s judicial system, it is very essential to address them with a long aspect. The aim of this study is to explain the causes of the criminal behavior of the recidivist and suggest some recommendations for reducing recidi-vism from Bangladesh.

scholarly journals Fighting Terror with Law? Some Other Genealogies of Pre-emption

2013 ◽  
Vol 2 (1) ◽  
pp. 3-17 ◽  
Author(s):  
Mark John Celsus Finnane ◽  
Susan Donkin
Keyword(s):  
Mental Health ◽  
Criminal Law ◽  
Health Law ◽  
Mental Health Law ◽  
Counter Terrorism ◽  
Habitual Criminal ◽  
Peace And War ◽  
New Strategies

Within criminology and criminal law the reception of post-9/11 counter-terrorist law has generally been critical, if not hostile. The undeniable proliferation of preventive statutes has been regarded as incompatible with conventional liberal norms and as dangerously innovative in its embrace of new strategies of control. But is such law innovative, and does it threaten to leach into other areas of criminal law, as some have feared? Exploring three governmental innovations – mental health law, habitual criminal controls, and civilian internment in war-time – that developed as expressions of the liberal state’s desire to ensure the safety of its citizens in times of peace and war, we argue that a more historically grounded understanding of the governmental and geopolitical contexts of security provides a surer foundation on which to construct the frameworks of interpretation of contemporary counter-terrorism law.

scholarly journals The Double Criminality Rule Revisited

1993 ◽  
Vol 27 (1-2) ◽  
pp. 297-309
Author(s):  
Sharon A. Williams
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Law ◽  
Death Penalty ◽  
Criminal Law ◽  
Foreign State ◽  
State Cooperation ◽  
Inter State

Extradition law and process is the complex vehicle for the return by one state of accused or convicted fugitives from the criminal justice of another state. From an international law perspective, it is for the most part, a treaty matter bearing on the rights and duties of states and the emphasis is on inter-state cooperation, reciprocity and mutuality of obligations. However, it is also part of the domestic criminal law process and as the result will be the potential or actual deprivation of the liberty or even the life of the fugitive, if the requesting state retains the death penalty, today extradition is seen as necessarily protecting the human rights of the fugitive.The focus of this article is on the protection given to the fugitive by the double or dual criminahty rule under the extradition law of Canada. Two major issues will be analyzed. Firstly, whether the crime for which the extradition request is made by the foreign state is an extraditable crime meeting the requirement of double criminality and secondly, whether the extradition judge in Canada is mandated to inquire into and seek evidence of the foreign criminal law.

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