scholarly journals THE VICTIM AS A FORGOTTEN FIGURE IN THE JUSTICE SYSTEM – A FEW REMARKS IN THE LIGHT OF PAST FORMS OF PUNISHMENT

2017 ◽  
Vol 31 (4) ◽  
pp. 33-44
Author(s):  
Agnieszka Kania

This article focuses on selected problems regarding the evolution of the punishment process. The starting point remains the assumption that regardless of the historical period, every palpable form of injustice related to a violation of a certain area of goods has resulted in an intervention approved at the given moment in history. The study notes that in the early pre-state period, seeking a remedy for wrongdoing was a private matter of the victim (or their family or clan) who could in that wayavenge on their own the injustice they had suffered. The process of publicising criminal law that began at the end of the Middle Ages has marginalised the process role of a victim in the possibilities to seek the remedy. However, the vertical criminal law relationship has, over time, changed to some extent. The privatisation of the justice system – especially noticeable nowadays – makes it possible to see that consensual methods of resolving conflicts caused by an offenceessentially contributed to the reversal of a certain historical process. That reversal was certainly intended to “reveal” the victim, and thus to return the conflict resulting from the offence to its “owners,” i.e. the perpetrator and the victim.

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.


2021 ◽  
Vol 137 (2) ◽  
pp. 344-361
Author(s):  
Philippe Del Giudice

Abstract A new project has just been launched to write a synchronic, descriptive grammar of Niçois, the Occitan dialect of Nice. In this article, I define the corpus of the research. To do so, I first review written production from the Middle Ages to the present. I then analyze the linguistic features of Niçois over time, in order to determine the precise starting point of the current language state. But because of reinforced normativism and the decreasing social use of Niçois among the educated population, written language after WWII became artificial and does not really correspond to recordings made in the field. The corpus will thus be composed of writings from the 1820’s to WWII and recordings from the last few decades.


1975 ◽  
Vol 21 (1) ◽  
pp. 45-49 ◽  
Author(s):  
Stephen Schafer

Compensation to the victim of a criminal injury is not effective if it consists merely of financial remedy supplied by the state. It should take the form of punitive restitution; that is, it must come from the offender's resources (either money or service) and it must be part of the criminal court sentence by being tied to whatever reformative plan is contemplated. Correctional restitution goes a significant step further than compensation by requiring the of fender to maintain a relationship with the victim until the victim's pre-injury condition has been restored to the fullest extent possi ble. It compensates the victim, relieves the state of some burden of responsibility, and permits the offender to pay his debt to society and to his victim. Thus it makes a contribution to the reformative and corrective goals of criminal law and finds its proper place in the criminal justice system.


2017 ◽  
Vol 1 (1) ◽  
pp. 1-150 ◽  
Author(s):  
Valsamis Mitsilegas ◽  
Fabio Giuffrida

The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national,eu, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study of Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately fulfilled with regard to fighting this phenomenon effectively.


2014 ◽  
Vol 45 (4) ◽  
pp. 15-24 ◽  
Author(s):  
J. Gordon Swensen ◽  
John Rakis ◽  
Melanie G. Snyder ◽  
Randall E. Loss

The successful reentry and reintegration of ex-offenders with disabilities will be discussed in terms of barrier removal, employer perception, and an improved relationship with the criminal justice system. A criminal record limits opportunitiesfor employment and without collaborative community supports can increase both recidivism rates and increase costs to an over-burdened criminal justice system. Employer relationships, including outreach, marketing and evidence-based partneringlcollaboration will be reviewed, including a model program from Lancaster County, Pennsylvania that supports the discussion. Special considerations for those with sex offenses will be provided, as well as efforts to eliminate the stigma involved with criminal and/or felony records. The correlation between disability and delinquency in terms of both impairment and vocational impediments is described through three disabilities (TBL Substance Abuse/Dependency, and Mental Illness). The role of the VR counselor in terms of community efforts at reducing recidivism, increasing employment outcomes for ex-offenders/clients, through effective partnerships, can affect significantly both societal and economic improvement, as well as impact overall recidivism, reentry and community reintegration issues for ex-offenders.


1999 ◽  
Vol 4 (2) ◽  
pp. 85-90 ◽  
Author(s):  
Sue Bandalli

Looking back, the 1980s was a decade of enlightenment and success in juvenile justice practice in this country; diverting youngsters away from the criminal courts and reducing the severity of response towards those who were prosecuted did not result in crime waves or public demand to stop this lenient treatment of the young. In the 1990s, the whole criminal justice system took a significant turn towards retribution and punishment. The movement may have been aimed initially at certain groups of criminals, particularly the persistent and serious, but swept all in its wake, including children aged 10–14 who were neither. There is little apparent appreciation of the damaging consequences of this trend, not only for individual children but also for the whole concept of childhood. There is now a wide discrepancy between the approach taken by the criminal and civil law towards children which current criminal justice policies indicate is to continue into the foreseeable future.


2016 ◽  
Vol 8 (1) ◽  
pp. 91-103 ◽  
Author(s):  
Jörn Lötsch ◽  
Alfred Ultsch

LINE-1 retrotransposition may result in silencing of genes. This is more likely with genes not carrying active LINE-1 as those are about 10 times more frequent in the given set of genes. Over time this leads to self-specialization of the cell toward processes associated with gene carrying active LINE-1, which then functionally prevail in the chronified situation.


2021 ◽  
Vol 8 (2) ◽  
pp. 17
Author(s):  
Jørn Jacobsen ◽  
May-Len Skilbrei

This article addresses the content, context and development of the Norwegian rape offence to frame and explain current reform discussions. The authors describe how the offence has gradually expanded over time by partial reforms, the last in 2000, leading up to the contemporary stand of law. The article shows that the role and priorities of the feminist movement has had consequences for how the rape offence has developed. There are currently debates on whether to further revise the rape offence. While debaters share the view that rape is a serious offence and that more should be done to combat it, they are divided in how they see the potential and role of law; some debaters emphasise law as a practical instrument, others instead focus more on its symbolic functions. The authors argue that both perspectives are legitimate and needed, and see this acknowledgment as key for moving debates forward.


På Spissen ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 89-110
Author(s):  
Chris Dupuis

Dance curators (or programmers, as they are often called) have a significant impact on the dance field throughtheir selection processes: elevating certain works, practices, and artists, while effectively excluding others. Through this, they have a considerable hand in shaping what kinds of dance pieces a local audience has access to,effectively writing dance history over time. But their working processes remain poorly understood, and there have been limited attempts to theorize their practice. This article begins with an exploration of the etymology of the term curator and the historical emergence of the curator in both the fine arts and dance. It then goes on to examine the role of the curator as mediator in two common models for dance presentation (the festival and the theater season) and explores two alternative curatorial models (the focus program at Brussels venue Beursschouwburg and the uncurated model of Amsterdam festival Come Together). Finally, it explores the practice of dance curation as a form of choreography itself. It concludes that contextualizing dance curation asa form of choreography could be an effective starting point for theorizing the practice, hopefully paving the way for further study.


2021 ◽  
pp. 089124162110120
Author(s):  
Marium Durrani

This article immerses the reader into the world of garment mending in communal repair events in four cities— Helsinki, Auckland, Wellington, and Edinburgh—to explore mending as a locus of taste. It engages in the discussion on taste as a reflexive activity and a sensed effect that gradually reveals itself to the practitioners engaged in the practice of mending. Here the focus is on the role of the body and the interplay between the sensing body and materials, to show how everyday menders construct a taste for and toward their practice over time. As menders actively engage with and appropriate the given design of their garments, they defy mainstream wasteful fast-fashion practices and mobilize variations in dress practices while connecting with the matter that makes up their clothing . By engaging with the notion of taste in this way, the overall aim of this article is to clarify how everyday menders become able to form an alliance with their practice, ultimately converting mending into an object of passion.


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