Piero Moraro argues that people who engage in civil disobedience do not have a pro tanto reason to accept punishment for breaking the law, although they do have a duty to undergo prosecution. This is because they have a duty to answer for their actions, and the state serves as an agent of the people by calling the lawbreaker to answer via prosecution. I argue that Moraro does not go far enough. Someone who engages in civil disobedience does (...) not even have to show up for the trial, provided that they answer for their actions adequately via some other means. This is because sometimes states are not agents of the people who can call lawbreakers to account, and even those states which are agents cannot demand that lawbreakers answer for their crimes in the form of a trial. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...) address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

This essay exemplifies a cognitive approach to literary and film studies, with particular emphasis on fictional reimagining of legal institutions. It draws on research of cognitive scientists who study metacognition—specifically, the difference between reflective and intuitive beliefs—to suggest that courtroom dramas, such as Billy Wilder’s Witness for the Prosecution (1957), can manipulate their viewers into believing something that they, on some level, know cannot be true. In this case, viewers accept the not guilty verdict by the jury even though (...) “the facts in the case” are “simple” and point to the guilt of the defendant. I show how different versions of Witness for the Prosecution—from Agatha Christie’s original short story (1925) and her subsequent play based on that story (1953), to the Hollywood film (1957), and the BBC mini-series (2016)—trigger our reflective beliefs about the defendant’s innocence, so that we find the verdict satisfying (at least for a short while). I conclude by considering literary payoffs of this manipulation, especially in the context of a culture that subscribes to a view of the mind as, in principle, knowable, and thus readable by skillful others. (shrink)

The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the Criminal Cases (...) Review Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)

While most discussions of corruption focus on administration, institutions, the law and public policy, little attention in the debate about societal reform is paid to the “internalities” of anti-corruption efforts, specifically to character-formation and issues of personal and corporate integrity. While the word “integrity” is frequently mentioned as the goal to be achieved through institutional reforms, even in criminal prosecutions, the specifically philosophical aspects of character-formation and the development of corporate and individual virtues in a rational and systematic way tend (...) to be neglected. This paper focuses on the “internalities” of anti-corruption work with special emphasis on the pre-requisites that need to be ensured on behalf of the social elites in order for proper individual and collective character- formation to take place throughout the society. The author argues that a systematic pursuit of socially recognised virtues, both those pertaining to society as a whole and those specific to particular professions and social groups, is the most comprehensive and strategically justified way of pursuing anti-corruption policy, while institutional and penal policies can only serve an auxiliary role. The pursuit of institutional and criminal justice policies against corruption in a society that is subject to increasing relativism with regard to values and morality is at best ineffective, and at worst socially destructive. Thus the paper suggests a re-examination of the social discourse on the level of what the author calls “value strategy” and the gradual building of a plan to create and solidify specifically designed features of “corporate character” for key sectors of the society. This approach can serve as the main long-term strategy to improve the public profile of integrity and reinforce morality in both the public and civil sectors. (shrink)

The United Kingdom's Parliamentary Bill 'Fraud Trials (Without a Jury) 2007', failed. Nevertheless, fraud trials without a jury do take place and there is much evidence to support this. Today the UK still does not support fraud trials without a jury, even though fraud in the UK today is the highest amount of fraud globally. The longer version of this paper is submitted here since it has become urgent that UK fraud trials be examined as a matter of urgency. On (...) page 87 of this complete paper (cut down for The Criminal Lawyer in 2008) a U.S study of 46 corporate fraud trials revealed that the defendants were CEOs, President, Chairman, Senior Vice Presidents, Chief Financial Officers, but only one entity reach trial stage. After the ce Arthur Anderson LLP v. United States, 544 U.S. 696 (2005), and the Lehman Brothers SEC case and the SEC v. Bank of America Corp., 653 F. Supp. 2d 507 (S.D.N.Y. 2009, and the Report by the U.S. Financial Crisis Inquiry on the 2008 financial crash, a global financial disaster was predicted and George Osborne, UK Chancellor pleaded for leniency for HSBC Bank frauds, threatening a global meltdown. The U.S. judiciary increased its volume of Deferred Prosecution Agreements and the UK followed suit. So, in year 2022, there is global financial meltdown and the UK has the highest rate of fraud in the world with few successful convictions. This paper is very relevant today as we must stop using deferred prosecution agreements and seek more convictions and harsh jail sentences for those financial fraudsters who have created this meltdown. -/- *When this paper was written, UK fraud was estimated at £40 million and some experts suspected twice that amount. Today UK fraud is in the billions of pounds annually. (shrink)

The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with (...) exclusion including restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity. -/- Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute". (shrink)

Many philosophers maintain that causation is to be explicated in terms of a kind of dependence between cause and effect. These “dependence” theories are opposed by “production” accounts which hold that there is some more fundamental causal “oomph”. A wide range of experimental research on everyday causal judgments seems to indicate that ordinary people operate primarily with a dependence-based notion of causation. For example, people tend to say that absences and double preventers are causes. We argue that the impression that (...) commonsense causal discourse is largely dependence-based is the result of focusing on a very narrow class of causal verbs. Almost all of the vignette-based experimental work on causal judgment has been prosecuted using the word “cause”. But much ordinary causal discourse involves special causal verbs, such as “burn” and “crack”. We find that these verbs display a quite different pattern from the verb “cause”. For instance, for absences and double preventers (Studies 1-3), we find that while people are inclined to say that X caused Y to burn, turn, crack or start, they are less inclined to think that X burned, turned, cracked or started Y. In Study 4, we find that for chains involving a distal and proximal event, people are inclined to say that the distal event is not a special cause of the outcome, though it is a “cause” of the outcome. Together, we find a surprising double dissociation between “cause” and a stock of special causal verbs. We conclude by suggesting that much commonsense causal judgment, which heavily trades in special causal verbs, might be better captured by production-based accounts of causation. (shrink)

This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?

Using Australia to illustrate the case, in this paper it is argued that the transformation of universities into businesses and the undermining of the liberal arts is motivated by either contempt for or outright hostility to democracy. This is associated with a global managerial revolution that is enslaving nations and people to the global market and the corporations that dominate it. The struggle within universities is the site of a struggle to reverse the gains of the Radical Enlightenment, the tradition (...) of Enlightenment that, committed to upholding and developing the civic humanism of the Renaissance, strove for liberty, understood as democratic self-governance. The central place the liberal arts had in upholding this liberty is shown. Inspired by the Ancient Greek notion of paideia, the liberal arts, which originated in republican Rome, was the form of education required designed for free people, in opposition to the specialist education appropriate for slaves, to inspire them to maintain their liberty and enable them to govern themselves. While not always upholding this ideal, it is argued in this paper that the liberal arts always kept alive this quest for liberty, bequeathing this quest to the Renaissance philosophers and to the proponents of the Radical Enlightenment. With managerialism and the undermining of democracy, such education and the questioning, creative people it produced, are now seen as a threat to the new global corporatocracy who, to achieve cultural hegemony, have coöpted university managers and academics to impose their agenda to cripple the liberal arts. Their goal, never fully articulated as such but successfully prosecuted, is a dumbed-down population. (shrink)

Grey zone attacks tend to paralyze response for two reasons. First, they present us with choice scenarios of inherently dilemmatic structure, e.g., Prisoners’ Dilemmas and games of chicken, complicated by difficult conditions of choice, such as choice under risk or amid vagueness. Second, they exploit our uncertainty about how much we do or should care about the things under attack¬—each attack is small in effect, but their effects accumulate: how should we decide whether to treat a given attack as something (...) meriting a serious response rather than a mere irritation to be ignored? This chapter brings standard decision theoretic tools to bear on the issues, tools such as the maximization of expected utility principle, and the precautionary principle. But it also develops three innovations. It shows that seeing it as possible to make choices not just of actions given our values, but also choices of values themselves, can extricate us from certain kinds of decision paralysis. It shows how we can rationally regard ourselves as having bright decision lines even when nothing in the circumstance of choice has these lines in its structure. And it shows how certain conflict escalation risks from the former two strategies can be managed by both parties seeing that cooperation can yield a sharable surplus of goods, and that cooperation can be rational upon a rationally defensible change in their values so that each comes to derive utility from the success of both parties. This yields cooperative solutions to what amount to Prisoners’ Dilemmas. The Cold War was prosecuted on the logic of strategic rationality and that part of game theory that is deterrence theory. We need a new logic from decision theorists for the games that constitute grey zone conflict. (shrink)

Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of (...) criminal investigation, the costs associated with investigating old crimes, and the need to prioritize investigations in the face of limited police resources. This article emphasizes the first of these factors. It begins by considering the moral goals of a criminal justice system and the contribution of criminal investigations to the achievement of these goals, distinguishing between contributions that depend on further steps in the criminal justice process, such as prosecution and punishment, and contributions that can have value independently of these further steps. Using this important distinction, the article then examines a range of factors that relate the passage of time to criminal justice goals, including the seriousness of the crime; deterioration of evidence; death of the offender, victim and others affected by the crime; and diminished psychological connectedness between those affected by the crime and their current selves. While the range and non-uniformity of relevant factors preclude a simple answer to the question of when historic crimes should be investigated and call instead for case-by-case assessment, we find that the analysis does support some general conclusions that can guide such an assessment. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. (...) International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level. -/- A novel approach to the problem, of sub-national actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. (shrink)

Euthyphro is a Socratic interlocutor claiming enormous religious expertise, while his portrayal in the eponymous dialogue raises questions the reliability of his beliefs. This paper closely examines how Euthyphro justifies his case against his father, identifying an argument that relies on the concept of miasma (pollution). In so far as miasma is considered in isolation, Euthyphro has a good argument. Unfortunately, there is more than miasma at stake when considering why one could prosecute one’s own parent. Introducing the other relevant (...) concepts, honor and shame, we find his case reflects a dilemma at the source of ancient Greek religious thought. It would not be possible for Euthyphro or anyone else to know what to do in his case. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...) in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (shrink)

This paper discusses reconciliation as a strategy to heal social wounds caused by dictatorial regimes or deep economic crises. The paper treats two such examples: The failed attempts of the Icelandic government to reach a deal with the UK and the Netherlands about the repayment of debts incurred by the bankrupt Landsbanki Íslands and the prosecution of Mr. Geir Haarde, formerly Prime Minister of Iceland. It is argued that although reconciliation strategies have in some cases been partially successful, it (...) can be counterproductive to prefer moral aspirations or goals, such as rebuilding trust after serious political, social or economic disintegration, to strictly legal ways of dealing with individual cases. As the case with Mr. Haarde shows, the endeavor to achieve moral goals using legal means can backfire in unexpected ways. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

In this chapter I defend the construction of inclusive, tightly governed DNA databases, as long as police can access them only for the prosecution of the most serious crimes or less serious but very high-volume offences. I deny that that the ethics of collecting and using these data sets the pattern for other kinds of policing by big data, notably predictive policing. DNA databases are primarily used for matching newly gathered biometric data with stored data. After considering and disputing (...) a number of objections to this practice, I conclude that DNA databases used in this way are ethically acceptable, if not valuable, contributions to legitimate policing. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

As evidenced in recent literature in moral philosophy, commending actions on their propensity to develop enduring moral traits is not the province of the virtue theorist alone. For however we understand the moral goals of human beings and the nature of right action we recognize that a temperate, just or beneficent person is more likely to conform to the demands of morality than one lacking in these virtues. If this idea is used as a standard for assessing the worth of (...) activities generally and engaging in sporting activity particularly it becomes clear that the highest level of athletic engagement, that is, professional sports, is often morally problematic. The not uncommon phenomenon of athletic underperformance once a sizable, secure contract has been achieved, the expanding quantity and severity of verbal abuse directed at officials and other athletes, as well as the increasing incidence of on-field violence, raise concern that developing moral virtues is no longer a goal of professional sporting activities. This conclusion, however, is not a result of the concept of sport itself or even the idea of professional sport. Both amateur and professional sport are capable of promoting moral development in their participants by making possession of certain virtues a condition for success in that activity. So the problem lies not in the conceptual details of sporting activity but rather in the formulation or prosecution of the rules and expectations governing the sport in question. The essay argues that not only is sport capable of being a worthwhile activity but that there is a sport that in fact generally meets the conditions for being a worthwhile activity, namely professional cricket. In defending this claim it is shown that it is not an essential feature of professional cricket that garners our moral commendation but rather a complex set of contingent features: the Laws of Cricket, the enforcement of those laws and the historico-social context in which the game is set. (shrink)

According to a traditional view, there is no categorical difference between the phenomenology of perception and the phenomenology of imagination; the only difference is in degree (of intensity, resolution, etc.) and/or in accompanying beliefs. There is no categorical difference between what it is like to perceive a dog and what it is like to imagine a dog; the former is simply more vivid and/or is accompanied by the belief that a dog is really there. A sustained argument against this traditional (...) view is prosecuted by Sartre, who develops an alternative according to which there is a categorical difference between the two phenomenologies. This paper draws on Sartre’s work in this area to develop a similar account of perception and imagination as categorically different. (shrink)

This essay discusses various representations of Eichmann's mind that were fashioned on the occasion of his trial in Jerusalem in 1961. Gideon Hausner the prosecutor presented the defendant as demonic. Hannah Arendt, the German-born American Jewish philosopher portrayed him as banal or thoughtless. Limiting themselves to the issue of mens rea in their judgment, the Israeli Supreme Court justices described Eichmann's mind as controlled by criminal intent. While these views have been widely discussed in the literature, much of this essay (...) focuses on a hitherto little noted perspective on Eichmann's mind that was formulated by the mental health experts who examined Eichmann for the prosecution. As compared to the inclusionist, confictual, and complex picture these experts presented of Eichmann's mind, Arendt's and Hausner's views appear similar in their reductionism, rather than diametrically opposed, while the approach of the Supreme Court justices to Eichmann's mind can be regarded as restrictive. Methodological problems involved in all these different perspectives are discussed, and it is argued that even though the psychological outlook declares itself to be non-judgmental, it does, in fact, entail a dimension of moral judgment. Finally, Eichmann 's recently declassified memoirs are adduced and interpreted as lending some support to the psychological, inclusionist perspective on Eichmann's mind. (shrink)

In this paper, I will compare Kant’s and Kierkegaard’s reflections on faith as they are articulated in the particular analyses of Abraham’s sacrifice. Kant’s prosecution of Abraham, which commences from the idea of “natural religion”, rests on two interrelated lines of attack, an epistemological one and ethical one, which deem Abraham’s action to be morally reprehensible. For Kant, the primacy of the practical reason leaves no special room for divine duties that are not ethical at the same time. On (...) the other hand, Kierkegaard’s defence of the sacrifice is orbiting around the possibility of a teleological suspension of the ethical. If such a suspension is possible, then faith is a paradox according to which the single individual is higher than the universal. As such, an absolute duty to god is possible, but such a duty is not rationally justifiable or publicly communicable. My paper ends with to some considerations about the protestant inheritance of both, Kant and Kierkegaard. (shrink)

In this reading of the Euthyphro, Socrates and Euthyphro are seen less in a primordial conflict between reason and devotion, than as sincere Hellenic polytheists engaged in an inquiry based upon a common intuition that, in addition to the irreducible agency of the Gods, there is also some irreducible intelligible content to holiness. This reading is supported by the fact that Euthyphro does not claim the authority of revelation for his decision to prosecute his father, but rather submits it to (...) elenchus, and that Euthyphro does not embrace the ‘solution’ of theological voluntarism when Socrates explicitly offers it. Since the goal of this inquiry is neither to eliminate the noetic content of the holy, nor to eliminate the Gods’ agency, the purpose of the elenchus becomes the effort to articulate the results of this productive tension between the Gods and the intelligible on the several planes of Being implied by each conception of the holy which is successively taken up and dialectically overturned to yield the conception appropriate to the next higher plane, a style of interpretation characteristic of the ancient Neoplatonists. (shrink)

In this chapter, I examine the writings of Mark Twain on lying, especially his essays "On the decay of the Art of Lying" and "My First Lie, and How I Got Out of It." I show that Twain held that there were two kinds of lies: the spoken lie and the silent lie. The silent lie is the lie of not saying what one is thinking, and is far more common than the spoken lie. The greatest silent lies, according to (...) Twain, were the national silent lies that there was nothing wrong with slavery (the U.S.), that there was nothing wrong with the prosecution of Alfred Dreyfus (France), and that there was nothing wrong with imperialism (UK). According to Twain, lying is unavoidable. Since lying is unavoidable, one must simply avoid injurious lies, and tell beneficial lies. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

Plea bargaining in criminal cases is a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case, subject to court approval (daan vs. Sandiganbayan, g.R. Nos. 163972-77). The supreme court (sc) has issued new guidelines that enhanced and clarified plea bargaining in illegal drug cases where an accused seeks to plead guilty to a lesser offense for a lighter penalty. The purpose of the study is to assess the impact of plea bargaining agreements (...) on drug police operations in sta. Mesa police station, manila. The respondents were PNP personnel of sta. Mesa police station (ps-8) currently and formerly designated as station drug enforcement unit and selected barangay anti-drug abuse council (badac) members wherein persons who availed plea bargaining reside were the respondents of the study. The area of study was done at sta. Mesa police station (ps-8), manila. Santa Mesa is a district in Manila, Philippines. It was found out that the PNP personnel assessed believed that the persons who entered plea bargaining agreements have fully supported the police officers in drug police operations. An operational plan was developed to increase support for the plea bargaining agreement among arrested drug suspects. (shrink)

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse (...) the arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

Why Governments Become Corrupt: The Role of Power, Education, and Moral Values -/- Corruption is one of the most persistent problems in governance, affecting societies across different political and economic systems. It undermines democracy, weakens institutions, and diverts resources meant for public welfare into private hands. While corruption is often associated with greed and abuse of power, its roots go much deeper, extending to failures in the educational system and the erosion of family moral values. This essay explores the reasons (...) behind government corruption and how systemic failures in education and morality contribute to its persistence. -/- 1. Power Without Accountability -/- One of the primary reasons governments become corrupt is the unchecked power held by officials. When political leaders and bureaucrats operate without sufficient oversight, they are more likely to misuse public funds, manipulate policies, and engage in bribery or favoritism. In many countries, weak democratic institutions fail to impose consequences on corrupt individuals, allowing them to act with impunity. The absence of transparency in decision-making processes further enables corruption to thrive, as citizens are kept in the dark about how their governments operate. -/- 2. Weak Legal and Political Institutions -/- Corruption flourishes in environments where legal frameworks exist but are not enforced. Many countries have anti-corruption laws, yet enforcement is selective or non-existent. This failure is often due to political interference in the judiciary, where corrupt leaders appoint judges who will protect them from prosecution. Furthermore, when law enforcement agencies themselves are corrupt, they fail to investigate and punish those in power. This creates a vicious cycle where corruption becomes the norm rather than the exception. -/- 3. The Role of Greed and Self-Interest -/- Human nature, particularly the pursuit of wealth and status, plays a significant role in government corruption. Many officials prioritize their personal and political interests over the welfare of the people they serve. Bribery, embezzlement, and fraud become tempting options for those seeking to enrich themselves at the expense of society. Additionally, political patronage—where politicians use their power to reward loyal supporters with government positions or contracts—further entrenches corruption. -/- 4. The Failure of the Educational System -/- One of the overlooked causes of corruption is the failure of the educational system to instill ethical values and critical thinking. Education is supposed to shape responsible citizens, but in many countries, the system is focused on rote learning rather than teaching morality, civic responsibility, and ethical leadership. Schools and universities often do not provide students with the tools to question authority, recognize corruption, or demand transparency from their leaders. -/- Moreover, when the education system itself is corrupt—through bribery in admissions, fake diplomas, or unqualified teachers—it sets a dangerous precedent. Students grow up believing that success can be achieved through dishonest means, reinforcing the idea that corruption is an acceptable part of life. Without a strong moral foundation in education, future generations are more likely to participate in or tolerate corrupt practices. -/- 5. The Decline of Family Moral Values -/- Family plays a crucial role in shaping an individual’s ethical beliefs and behaviors. However, in many societies, traditional moral values that emphasize honesty, integrity, and accountability are declining. Parents, preoccupied with economic survival, may fail to teach their children the importance of moral principles. In some cases, families themselves engage in corrupt behaviors—such as paying bribes to secure jobs or influencing government officials for personal gain—sending the message that corruption is a necessary survival strategy. -/- Religious and cultural institutions, which once played a significant role in promoting ethical behavior, have also lost influence in many societies. As materialism and individualism grow stronger, the collective responsibility for upholding moral values weakens. When individuals lack strong moral guidance from their families and communities, they are more likely to justify corrupt actions when they gain positions of power. -/- 6. Economic Pressures and Low Salaries -/- Economic hardship can also drive corruption, especially in developing nations where government employees are underpaid. When officials struggle to meet their basic needs, they may resort to accepting bribes, embezzling funds, or engaging in illicit activities to supplement their income. In such environments, corruption becomes a survival mechanism rather than just a moral failure. -/- 7. Corporate Influence and Political Lobbying -/- The influence of powerful corporations over government policies is another major driver of corruption. Large businesses often fund political campaigns, expecting favorable policies in return. This results in leaders prioritizing corporate interests over public welfare. When governments are captured by private interests, policies that should benefit the majority are distorted to serve a wealthy elite. -/- 8. The Lack of Civic Engagement and Public Awareness -/- When citizens do not actively participate in governance or demand accountability, corrupt leaders face little resistance. A disengaged population allows corruption to thrive because there is no pressure for change. In many cases, people feel powerless or fear retaliation for speaking out against corrupt officials. Strengthening civic awareness through education, media, and public activism is essential in the fight against corruption. -/- Solutions: Restoring Integrity Through Education and Morality -/- To combat corruption effectively, reforms must address not only political and legal structures but also educational and moral foundations: -/- Strengthening the Educational System: Schools must incorporate ethics, civic responsibility, and critical thinking into their curriculum. Teachers should emphasize honesty and accountability, ensuring that students understand the long-term consequences of corruption. -/- Rebuilding Family Moral Values: Families must take a more active role in teaching children about integrity and social responsibility. Parents should set examples by refusing to participate in corrupt practices. -/- Enforcing Strong Anti-Corruption Laws: Governments must ensure that laws against corruption are applied equally, regardless of political or economic status. Independent judicial bodies should oversee investigations and prosecutions. -/- Improving Transparency in Governance: Public access to government transactions and decision-making processes must be expanded to reduce opportunities for corruption. Digital tools, such as open data platforms, can help track government spending and prevent misuse of funds. -/- Encouraging Citizen Participation: People must be empowered to hold their leaders accountable. This includes supporting investigative journalism, encouraging whistleblowers, and engaging in peaceful protests or advocacy movements. -/- Conclusion -/- Government corruption is a complex issue rooted in systemic failures, economic pressures, and ethical erosion. While power, greed, and weak institutions contribute to corruption, the failure of the educational system and the decline of moral values play an equally significant role. Addressing corruption requires a multi-faceted approach that not only strengthens laws and institutions but also reforms education and restores ethical foundations within families. Only through a collective effort to instill integrity at all levels of society can corruption be effectively minimized, paving the way for just and accountable governance. -/- . (shrink)

Inquiries concerning the theory of imperatives and norms prosecuted in Poland in the 20th century covered practically the whole scope of this theory. In a uniform conceptual scheme, the paper shows main results of this research done mostly within the Lvov-Warsaw School tradition. It begins with presenting the Polish theoreticians’ approach to three correlated theoretical situations containing our preferences (opposed to impulses, decisions and tendencies), accepted values and imposed obligations. The second step is discussing their views on means of verbalising (...) these situations, i.e. by help of imperatives, evaluations and norms (opposed to consultatives, instructions and optatives) correspondingly. The paper is closed with examining the Polish logicians’ trials of reconstruction of imperative-normative argumentation. (shrink)

Preventing Election Manipulation: Safeguards Against Propaganda and Hidden Motives -/- Elections are the foundation of democratic governance, ensuring that leadership reflects the will of the people. However, history has repeatedly shown that candidates can win by manipulating public perception through propaganda, misinformation, and by hiding their true motives. While such elections may be technically valid, they often lack ethical legitimacy, leading to governance that does not truly serve the public interest. To prevent election manipulation, societies must implement strong safeguards, including (...) media literacy education, independent journalism, strict election laws, social media regulation, political funding transparency, civic engagement, and whistleblower protections. By examining real-world examples from different countries, we can better understand how these measures strengthen democracy and protect the integrity of elections. -/- The Role of Media Literacy and Critical Thinking -/- One of the most effective ways to counter propaganda and manipulation is through media literacy education. When voters are equipped with the ability to critically analyze information, they are less likely to fall for deceptive political messaging. -/- Finland has integrated media literacy into its school curriculum, teaching students how to recognize misinformation, propaganda, and biased narratives. As a result, Finland ranks among the most resistant countries to fake news, demonstrating that an informed population is less susceptible to manipulation. -/- In Sweden, government agencies actively work with media organizations to educate citizens about misinformation, especially during election periods. -/- Estonia has taken a technological approach by incorporating digital literacy programs to help citizens distinguish between real and fake online content. -/- By investing in education that enhances critical thinking, societies can create an electorate that makes decisions based on truth rather than deception. -/- The Importance of Independent and Transparent Media -/- A free and independent press is crucial in exposing political deception and ensuring that voters have access to accurate information. Without independent journalism, political leaders can control narratives, suppress inconvenient truths, and mislead the public. -/- In the United States, investigative journalism has played a key role in exposing political corruption. The Watergate scandal, uncovered by journalists Bob Woodward and Carl Bernstein, led to the resignation of President Richard Nixon, demonstrating how the media can hold leaders accountable. -/- In South Korea, independent journalism was instrumental in exposing the corruption scandal involving former President Park Geun-hye, leading to mass protests and her eventual impeachment in 2017. -/- In India, independent news outlets like The Wire and Scroll continue to challenge misinformation and expose political propaganda, despite facing government pressure. -/- A strong and fearless media ensures that no political leader can manipulate elections without public scrutiny. -/- Strict Election Laws and Fact-Checking Institutions -/- Election laws must regulate campaign messaging, penalize misinformation, and promote transparency. Without strict regulations, candidates can use false narratives to mislead voters. -/- France bans political advertising on TV and radio in the months leading up to elections to prevent mass media manipulation. -/- Germany has strict laws against spreading false information that could influence election outcomes, including heavy fines for politicians or parties caught disseminating fake news. -/- South Africa has established the Electoral Commission, which monitors campaign activities and ensures fair political competition. -/- Additionally, independent fact-checking institutions play a vital role in verifying politicians’ claims. Organizations like PolitiFact in the U.S., Full Fact in the UK, and Africa Check in South Africa actively investigate political statements, providing voters with verified information. -/- Regulating Social Media to Prevent Manipulation -/- Social media has become a powerful tool for both legitimate political campaigns and misinformation. Without regulation, candidates can spread propaganda unchecked, influencing voter perceptions. -/- During Brazil’s elections, misinformation was widely spread through WhatsApp, influencing voter opinions. In response, WhatsApp limited the ability to forward mass messages to curb the spread of fake news. -/- The European Union has implemented strict digital regulations, requiring social media platforms like Facebook and Twitter to label political ads and remove false information that could influence elections. -/- In Indonesia, the government collaborates with technology companies to identify and remove fake news before it spreads during elections. -/- By regulating online political content and holding social media platforms accountable, governments can prevent digital platforms from becoming tools for manipulation. -/- Ensuring Transparency in Political Funding -/- When campaign financing is not transparent, wealthy donors, corporations, or even foreign entities can secretly influence elections to serve their own interests. Transparent funding laws ensure that voters know who is backing a candidate and why. -/- Canada enforces strict donation limits and public disclosure laws, preventing corporate and foreign influence in elections. -/- Mexico has implemented an independent electoral institute that monitors campaign financing to prevent corruption and ensure fair competition. -/- South Korea requires all political donations to be publicly disclosed, ensuring that funding sources are transparent. -/- When political funding is transparent, voters can assess whether a candidate is truly working for the public or for hidden interests. -/- Encouraging Civic Engagement and Public Debates -/- An engaged electorate is essential for a healthy democracy. Public debates allow candidates to present their policies while being questioned on their track records and potential contradictions. -/- Taiwan holds nationally televised public debates where candidates must defend their policies and respond to public concerns. -/- In Nigeria, civil society organizations organize town hall meetings where citizens can directly ask candidates about their plans and policies. -/- France requires presidential candidates to participate in at least one public debate before elections, ensuring that voters hear multiple perspectives. -/- By encouraging open discussion and debate, societies can reduce the effectiveness of propaganda and allow voters to make informed decisions. -/- Protecting Whistleblowers and Investigative Agencies -/- Corrupt and deceptive political campaigns can only be exposed if whistleblowers and investigative agencies are protected. When individuals feel safe to reveal political misconduct, democracy is strengthened. -/- Edward Snowden revealed mass government surveillance programs, sparking global discussions about privacy and state overreach. -/- In Ukraine, anti-corruption agencies and investigative journalists have exposed multiple cases of political fraud, leading to greater government transparency. -/- In Malaysia, whistleblower efforts exposed the 1MDB scandal, which involved billions of dollars in corruption at the highest levels of government, eventually leading to the prosecution of former Prime Minister Najib Razak. -/- Encouraging and protecting whistleblowers ensures that political leaders cannot hide their unethical actions from the public. -/- Conclusion -/- While manipulation, propaganda, and hidden motives remain threats to democracy, societies can take strong measures to prevent these tactics from determining election outcomes. By investing in media literacy, supporting independent journalism, enforcing strict election laws, regulating social media, ensuring financial transparency, encouraging civic engagement, and protecting whistleblowers, democracies can safeguard the integrity of elections. -/- Without these safeguards, democracy becomes vulnerable to manipulation, allowing candidates with hidden agendas to rise to power. However, countries that actively promote transparency, accountability, and critical thinking create an environment where deception is less effective. The fight against election manipulation is an ongoing challenge, but with the right policies and public awareness, fair elections can be preserved for future generations. -/- . (shrink)

Criminal offences and regulatory breaches in using social networking evidence in personal injury litigation Pages 2-7 Current Criminal Law ISSN 1758-8405 Volume 2 Issue 3 March 2010 Author SALLY RAMAGE WIPO 900614 UK TM 2401827 USA TM 3,440.910 Orchid ID 0000-0002-8854-4293 Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Publisher & Managing Editor, Criminal Lawyer series [1980-2022](ISSN 2049-8047); Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson (...) Reuters) (Licensed Annotator of UK Statutes) in Current Law Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. Trade Mark SALLY RAMAGE ® 2401827 (2005-2025) in the UK, WIPO Trade Mark SALLY RAMAGE® 900164; USA-(Trade Mark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. Essentially, Social Network information may not always be admissible in a court of law but may be the door to lead to other, non-contentious evidence. In fact, even illegally obtained evidence may sometimes be admissible evidence, though this is not absolute. Most of the information available on social networking sites will be ‘personal data’. The data controller is the network operator, without whose consent, collecting such information could be an offence, unless it was necessary for the purpose of preventing or detecting crime. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

This chapter aims to raise the profile of organ trafficking among the academic community researching human trafficking in general. It explains how the various elements of organ trafficking are defined and how they relate to and differ from transplant tourism and organ markets. Some of the most important international declarations on organ trafficking are outlined, as well as some selective national legislation. Shifting global patterns of organ trafficking will be illustrated with an emphasis on India, Pakistan, Nepal and China. Some (...) of the difficulties in curbing such trafficking are considered before outlining recommendations for increasing effective prevention, improving prosecution of perpetrators, and offering protection and support for victims. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

This paper covers the home-made bombing used at the 2013 Boston Marathon annual races even though we knew before the trial began that the verdict will have to be 'guilty' because the people of Boston demanded that verdict and received the first lap of the verdict on 8 April 2015. Neither beautiful technical rulings nor breaches of prosecution disclosure rules nor metadata queries nor tampered evidence would have held sway at this trial.

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs to fulfill various projects, and (...) that needs may have a structure similar to rights, with people’s legitimate needs serving as constraints on each other’s entitlements to resources. This affords a set of axioms constraining possible needs. Further, if, as Braybrooke thinks, needs are created by communities approving projects, so that the means to prosecute the projects then come to count as needs, then communities are obliged to approve only projects that are co-feasible given the world’s finite resources. The result is that it can be legitimate not to funnel resources towards endless life-prolongation projects. (shrink)

What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about (...) war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about. Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally LPCYU Home Website -/- Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr I want to stress, in this particular meeting , there was no observer status at the ICC Preparatory Meetings at the United Nations in New York City in 2001. What I did, made a historical precedent. I was asked by, Darko Trifunovic 1st Secretary of the Bosnian MIssion, to take his place, in a CLOSED DOOR UNITED NATIONS MEETING. This means, ONLY HEADS OF AMBASSADORIAL MISSIONS WERE ALLOWED IN THE MEETING. There was no "Observer Status for say NGO's such as Amnesty International." I represented a Country as an American Citizen that day; the Repuklika Srpska. This never occurred before to my knowledge ever. It was an error. My former professor, Arnold Stark, walked me in, A former State Dept. man chosen to be the former Ambassador from the USA to Bonn/Germany (and he declined years back because of his wife at the time). He knew it was illegal. It said on these paper I picked up in the meeting, Anyone, Richard Holbrooke, sat across from me, discussing this meeting outside the meeting itself thereafter , "would be prosecuted to the fullest extent of int'l law." I heard the Ambassadors of the world ALL DISCUS TRADING MONEY FOR ICC AND ICTY COURT VERDICT AS WELL AS FUTURE JUDICIAL APPOINTMENTS -/- http://sites.google.com/site/thelawprojectscenternycoffices/home/irrefutable-proof-icty-is-corrupt-c ourt-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case -/- http://picasaweb.google.com/lpcyusa/IrrefutableProofICTYIsCorruptCourtIrrefutabl# (The Documentary Secret United Nations ICC Meeting Papers Scanned Images) OR http://community.jigsaw.com/t5/media/gallerypage/user-id/903610# -/- Rea dMore Here _> Read the entire story here My testimonial video on Youtube _> http://www.youtube.com/watch?v=dKe-5LORsGs -/- http://www.youtube.com/watch?v=dKe-5LORsGs (My YouTube VIDEO) -/- This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not. -/- Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others. -/- I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding. -/- Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.” -/- ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss." -/- Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.)))))))))))))))))))))))))))) -/- In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student. -/- SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.” -/- I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf. http://picasaweb.google.com/lpcyusa (My Political Satire Blog) Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally http://sites.google.com/site/jillstarrsite -/- -/- . 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The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not advise (...) the jury of any such points before they adjourned to make their decision. All but one concluded that Dr Tabak was guilty as charged, although even the charge was vague and all-encompassing as he was charged with ‘murder between Friday 17 December 2010 and Sunday 19 December 2010’. Defence counsel, very eminent barrister-at-law, appeared to be cowed by the other side and let them walk all over this case procedurally. For example, prosecution counsel handed him 1200 pages of evidence on the first day of the trial, as if to FULFIL disclosure obligations. E was stunned and asked the court for time off. But this was never again discussed. -/- The lower court judge appeared as if he had already decided on the case. When Defence Counsel asked him if he had before him a copy of a certain document, he flippantly say he had it but had left it on his desk in his room. When Defence Counsel, of international renown, was ready to present his opening speech and cross-examination of his client, Dr Vincent Tabak, this lower court judge dismissed the jury to their lunch break knowing that counsel was going to speak. Court had to be adjourned and the members of the jury quickly assembles by the court porters as they were leaving the court, which must have hampered their interest in what counsel’s statement said. A photograph of a dead body by a roadside, allegedly, Miss Yeates, was shown by projector slide a dozen irrelevant times during the trial period, thus embedding that photograph in the jury’s mind. The computer evidence leaves much to be desired and could, some suggested, easily have been concocted by the prosecution team, abusing the law of metadata evidence. Te lady who presented it did not give the court her qualifications and her expertise if any- and much more that beggars belief and loses trust in the British Criminal Justice System, such as it is, following ‘form over substance’. -/- . (shrink)