1.
Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
2.
Abandonment (legal)
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Such intentional action may take the form of a discontinuance or a waiver. This broad meaning has a number of applications in different branches of law, in common law jurisdictions, both common law abandonment and statutory abandonment of property may be recognized. By contrast, an example of statutory abandonment is the abandonment by a trustee under 11 U. S. C. Intentional abandonment is also referred to as dereliction, and something voluntarily abandoned by its owner with the intention of not retaking it is a derelict, someone that holds the property or to whom property rights have been relinquished is an abandonee. An item that has been abandoned is termed an abandum, a res nullius abandoned by its owner, leaving it vacant, belongs to no one. Occurs when one ceases to reside permanently in a former domicile, the presumptions which will guide the court in deciding whether a former domicile has been abandoned or not must be inferred from the facts of each case. In the United States, a tenant is generally understood to have abandoned a property if he or she has fallen behind in rent, the landlord must then send notice of the intent to seize the property and wait a certain number of days to take action on it. How long the landlord has to wait depends on the value of the property, the landlord can keep the money up to the costs incurred as a result of the abandonment, the rest must be set aside for the former tenant, should she or he eventually return. Abandonment occurs when the insured surrenders to the insurer all rights to damaged or lost property, sometimes, this is permitted only when damage constitutes constructive total loss. In marine insurance parlance, abandonment involves the surrender of a ship or goods to the insurer, Abandonment can also mean refusal to accept from a delivering carrier a shipment so damaged in transit as to be worthless. Abandonment is recognized as the release of material by a copyright holder into the public domain. However, statutory abandonment is legally a tricky issue which has little relevant case precedent to establish how an artist can abandon their copyright during their lifetime, the more common approach is to license work under a scheme that provides for public use rather than strictly abandoning copyright. Copyright protection attaches to a work as soon as it is fixed in a tangible medium, before the Copyright Act of 1976 an artist could abandon or forfeit their copyright by neglecting to comply with the relevant formalities. Difficulty arises when one tries to apply the doctrine of abandonment to present-day concerns regarding the abandonment or gifting of a work to the public domain. Despite this test, the current legal environment towards protectionism is so strong that a court might disregard an author’s statements regarding their intent. Abandonment is relinquishment by an inventor of the right to secure a patent, Abandonment is permission sought by or granted to a carrier by a state or federal agency to cease operation of all or part of a route or service. Likewise, in the United States, the Surface Transportation Board grants permission to abandon railway lines and it can involve desertion of a spouse with the intention of creating a permanent separation. Desertion of one spouse by the other without just cause is called malicious abandonment, child abandonment is often recognized as a crime, in which case the child is usually not physically harmed directly as part of the abandonment
3.
Abstracting electricity
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Abstracting electricity is a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland. This section replaces section 10 of the Larceny Act 1916, mode of trial and sentence This offence is triable either way. This offence is created by section 13 of the Theft Act 1969 and it replaces section 10 of the Larceny Act 1916. Visiting forces This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952, mode of trial This offence is an indictable offence which may be tried summarily upon consent of the accused. This offence is created by section 15 of the Energy Act,1995 and that section replaces section 10 of the Larceny Act 1916, which was repealed by section 28 of, and the Schedule to, that Act
4.
American Criminal Law Review
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The American Criminal Law Review is a student-edited scholarly journal published at Georgetown University Law Center. The ACLR is a journal of American criminal law and white-collar crime, ACLR adopts a mix of symposia, articles, and notes. The American Criminal Law Review was first published in 1962 by the USC Gould School of Law in conjunction with the American Bar Association, the ABA moved the publication to the University of Kansas School of Law the following year and changed its title to the American Criminal Law Quarterly. As an ABA publication, the ACLQ concentrated on an approach to the criminal law. In 1971, Professor Samuel Dash was elected chairman of the ABAs Criminal Law Section, Professor Dash brought the journal with him and changed its name to the American Criminal Law Review. Now edited by students, each issue originally dealt with a single topic and that format lasted for only three academic years. In the fall of 1980, the First Survey of White Collar Crime appeared in Volume 18 and it has evolved into the ACLRs best-known publication. One hornbook, on White Collar Crime by J. Kelly Strader, referred his readers to the Annual Survey, writing, for a more extensive discussion of any particular subject, the reader may wish to refer to…The Annual Survey of White Collar Crime…. Larry D. Thompson, Julie OSullivan and then-Judge Stephen Breyer, the American Criminal Law Review is composed of about ninety second- and third-year law students. The third-year students serve in positions and the second-year students work as staff. Students are offered positions on ACLR based on their grades and performance in a writing. First-year students participate in the competition after completing their final exams in the spring semester, the competition is administered by the Georgetown Law Office of Journal Administration
5.
Arrest
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Police and various other bodies have powers of arrest. The word arrest is Anglo-Norman in origin, derived from the French word arrêt meaning to stop or stay, lexicologically, the meaning of the word arrest is given in various dictionaries depending upon the circumstances in which word is used. There are numerous terms for being arrested throughout the world. In British slang terminology, the term nicked is often synonymous with being arrested, and nick can also refer to a station. In the United States and France the term collared is sometimes used, the term lifted is also heard on occasion. According to Indian law, no formality is needed during the procedure of arrest, the arrest can be made by a citizen, a police officer or a Magistrate. The person must then appear in court on the date provided on the citation, prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual. When the accused appears in court, they will be advised if formal criminal charges have been filed, if charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the arraignment. When a person is arrested for a crime, in California for example. The accused will be advised of the amount, which is based upon a bail schedule that is established on an annual basis by the judges in each county. When law enforcement agents believe to have cause to arrest a person for a serious crime. The accused will have their mug shot taken and be held in a station or jail pending their ability to post bail. If the accused cannot post bail, they appear at their arraignment where the judge will determine if the bail set by the schedule should be raised, lowered. Also, in states, the prosecution has 48 hours to decide whether or not to file formal charges against the accused. For example, in California, if no charges are filed within the 48-hour period. If formal charges are filed, the accused will be asked to appear at their arraignment, at the arraignment, the accused will be asked to plead guilty or not guilty, and the judge will set a bail amount for the accused. In 2010, the FBI estimated that law enforcement agencies made 13,120,947 arrests. Of those persons arrested,74. 5% were male and 69.4 percent of all persons arrested were white,28.0 percent were black, Arrests under English law fall into two general categories—with and without a warrant—and then into more specific subcategories
6.
Arrest warrant
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An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individuals property. Arrest warrants are issued by a judge or justice of the peace under the Criminal Code, czech courts may issue an arrest warrant when it is not achievable to summon or bring in for questioning a charged person and at the same time there is a reason for detention. Following the arrest, the police must within 24 hours either hand the arrested person over to the nearest court or release the person, the court must immediately interview the arrested person, who has the right to have an attorney present, unless the attorney is not within reach. The court has 24 hours from the moment of receiving the person from the police to either order remand or to release him, reaching the maximum time is always reason for immediate release. Interventions into the freedom of a person are only allowed through the Basic Law for the Federal Republic of Germany under certain conditions, in article 104 the fundamental law determines that a freedom confinement which exceeds a maximum of 48 hours can only be ordered by a Haftrichter. The former is called vorläufige Festnahme, the latter is named Haftbefehl, the procedure for issuing arrest warrants differs in each of the three legal jurisdictions. In England & Wales, arrest warrants can be issued for both suspects and witnesses, in Scotland, a Warrant to Apprehend may be issued if a defendant has failed to appear in court. In Northern Ireland arrest warrants are issued by a magistrate. For the police to make a lawful arrest, the officer must have either probable cause to arrest. Federal statute and most jurisdictions mandate the issuance of an arrest warrant for the arrest of individuals for misdemeanors that were not committed within the view of a police officer. However, as long as police have the probable cause, a warrant is usually not needed to arrest someone suspected of a felony in a public place. In a non-emergency situation, an arrest of an individual in their home requires an arrest warrant. Probable cause will be founded on direct observations by the police officer, or on hearsay information provided by others to the police. ”The individual issuing the arrest warrant need not be a judge or an attorney. While arrest warrants are issued by courts, they may also be issued by one of the chambers of the United States Congress or other legislatures. The arrest warrant must, to comply with the Fourth Amendment, if the arrest warrant does not contain such a description, it is invalid—even if the affidavit submitted by the police or the warrant application contained this requisite information. An example of the usage of word is as follows. Minutes of the Commissioners for detecting and defeating Conspiracies in the State of New York, Albany County Sessions, vol.1, Page 90 In police jargon, these writs are sometimes referred to as a writ of capias, defined as orders to take a person or assets. Capias writs are issued when a suspect fails to appear for a scheduled adjudication, hearing
7.
Badge of shame
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The term is also used metaphorically, especially in a pejorative sense, to characterize something associated with a person or group as shameful. The term may refer to other identifying marks that are associated with shame. The biblical Mark of Cain can be interpreted as synonymous with a badge of shame, punitive depilation of men, especially burning off pubic hair, was intended as a mark of shame in ancient Mediterranean cultures where male body hair was valued. Women who committed adultery have also forced to wear specific icons or marks, or had their hair shorn. Many women who fraternized with the occupiers in German–occupied Europe had their heads shaved by angry mobs of their peers after liberation by the Allies of World War II. During World War II, the Nazis also used head shaving as a mark of shame to punish Germans like the youthful non-conformists known as the Edelweiss Pirates. In Ancient Rome, both men and women wore the toga, but over time matrons adopted the stola as the preferred form of dress. Later, under the Lex Julia, women convicted of prostitution were forced to wear a toga muliebris, at the beginning of the 13th century, Pope Innocent III prohibited Christians from causing Jews bodily harm, but supported their segregation in society. As wanderers must remain upon the earth, until their countenance be filled with shame, after Innocent III later presided over the Fourth Council of the Lateran in 1215, the council adopted canon 68, requiring Jews to dress distinctively to prevent interfaith relations. Striped prison uniforms were used in the 19th century, as a way to instantly mark an escaping convict. Modern orange prison uniforms serve the purpose, only with a highly visible bright color to make it difficult to hide. Stripes were adopted as simple one-color uniforms could easily be dyed to another color and they came back to usage as the public viewpoint changed. In many of todays jails and prisons in the United States the inmates are forced to wear striped prison uniforms, a prominent example is Maricopa County Jail under the administration of Joe Arpaio, where black and white stripes are used. Another predominantly used color scheme consists of orange and white stripes, societies have marked people directly in the practice generally known as being branded a criminal. Criminals and slaves have been marked with tattoos, sexual immorality in colonial New England was also punished by human branding with a hot iron, by having the marks burned into the skin of the face or forehead for all to see. James Nayler, an English Quaker convicted of blasphemy in 1656, was branded with a B on his forehead. The practice of branding was abolished in England by 1829. Runaway slaves could be branded with an R for runaway, which had the effect of ensuring he or she was watched closely and often prejudiced against by any subsequent owners and overseers
8.
Ban (law)
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A ban is a formal or informal prohibition of something. Bans are formed for the prohibition of activities within a political territory. Some see this as an act and others see it as maintaining the status quo. Some bans in commerce are referred to as embargoes, ban is also used as a verb similar in meaning to to prohibit. In current English usage, ban is mostly synonymous with prohibition, historically, Old English bann is a derivation from the verb bannan to summon, command, proclaim from an earlier Common Germanic *bannan to command, forbid, banish, curse. The modern sense to prohibit is influenced by the cognate Old Norse banna to curse, to prohibit and also from Old French ban, ultimately a loan from Old Frankish, meaning outlawry, the Indo-European etymology of the Germanic term is from a root *bha- meaning to speak. Its original meaning was magical, referring to utterances that carried a power to curse, in many countries political parties or groups are banned. Germany, for instance, has a history behind its modern practice of banning political parties. For much of the 1800s and 1900s there were bans on marriage between people of different races in many of the United States, historically child marriage was common, but is now banned in many countries. The imperial ban was a form of outlawry in the Holy Roman Empire, at different times, it could be declared by the Holy Roman Emperor, by courts including the League of the Holy Court and the Reichskammergericht, or by the Imperial Diet. People under imperial ban lost all their rights and possessions, and anyone had the right to rob, the imperial ban automatically followed the excommunication of a person, and extended to anyone offering help to a person under the imperial ban. Existing publications may be banned, and new publications prohibited from discussing certain topics or taking certain viewpoints, censorship is the enacting and enforcing of such bans. Bans in various jurisdictions on possession of weapons, smoking
9.
Banditry
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Banditry is the life and practice of bandits. In modern usage the word may become a synonym for thief, the term bandit originates with the early Germanic legal practice of outlawing criminals, termed *bannan. The legal term in the Holy Roman Empire was Acht or Reichsacht, in modern Italian the equivalent word bandito letterally means banned or a banned person. About 5,000 bandits were executed by Pope Sixtus V in the five years before his death in 1590, marauding was one of the most common peasant reactions to oppression and hardship. The growth of warlord armies in China was also accompanied by an increase in bandit activity in the republican period. He further expanded the field in the 1969 study Bandits, later social scientists have also discussed the terms applicability to more modern forms of crime, like street gangs and the economy associated with the trade in illegal drugs. Bagaudae, bandits around the Pyrenees in the Roman Empire Hajduks, bandits in the Balkans Sardinian banditry Dacoity, Hindi term for banditry Billingsley, — Earlier version first published in New English Dictionary,1885. A Companion to the Worlds of the Renaissance
10.
Blackstone's formulation
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Historically, the details of the ratio have varied, but the message that government and the courts must err on the side of innocence has remained constant. The principle is much older than Blackstones formulation, being tied to the presumption of innocence in criminal trials. An early example of the principle appears in the Bible, as, Abraham drew near, what if there are fifty righteous within the city. Will you consume and not spare the place for the fifty righteous who are in it, what if ten are found there. He said, I will not destroy it for the tens sake and this was about the destruction of Sodom which, the Bible claims, God did destroy after rescuing most of Lots family. 27 Early the next morning Abraham got up and returned to the place where he had stood before the Lord. 28 He looked down toward Sodom and Gomorrah, toward all the land of the plain,29 So when God destroyed the cities of the plain, he remembered Abraham, and he brought Lot out of the catastrophe that overthrew the cities where Lot had lived. Another similar expression reads, Invoke doubtfulness in evidence during prosecution to avoid legal punishments and it was also absorbed into American common law, cited repeatedly by that countrys Founding Fathers, later becoming a standard drilled into law students all the way into the 21st century. Other commentators have echoed the principle, Benjamin Franklin stated it as, wolfgang Schäuble referenced this principle while saying that it is not applicable to the context of preventing terrorist attacks. Im more concerned with bad guys who got out and released than I am with a few that in fact were innocent, asked whether the 25% margin was too high, Cheney responded, I have no problem as long as we achieve our objective. Id do it again in a minute, liberal columnist Ezra Klein supported Californias SB967 Affirmative Consent law with the same reasoning as Cheneys supported enhanced interrogation techniques. While claiming the law was terrible and could be used to people who did not commit rape, Klein states its overreach is precisely its value. Alexander Volokh cites an apparent questioning of the principle, with the tale of a Chinese professor who responds, horace Rumpole, the protagonist barrister of Rumpole of the Bailey, is fond of paraphrasing Blackstones formulation, albeit without attribution
11.
Born alive rule
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The born alive rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is born alive. U. S. courts have overturned this rule, citing recent advances in science and medicine, abortion in Canada is still governed by the born alive rule, as courts continue to hold to its foundational principles. In 1996, the Law Lords confirmed that the rule applied in English law but that alternative charges existed in lieu, the born alive rule was originally a principle at common law in England that was carried to the United States and other former colonies of the British Empire. First formulated by William Staunford, it was set down by Edward Coke in his Institutes of the Laws of England. It follows the language used for cases of murder in English law, a reasonable creature,2. in rerum natura, and 3. in the Kings peace. There was disagreement as to whether this occurred at the moment of conception, or at the moment of quickening, as for rerum natura, William Staunford had explained the thing killed must be in part of the world of physical beings. This has been interpreted as meaning completely expelled from the womb, finally, the thing killed must be in the Kings peace, i. e. in a situation where the protection of the Kings peace applied. An outlaw, for instance, was not in the Kings peace, the designation misprision, and no murder, can be traced to the Leges Henrici Primi of 1115, which designated abortion quasi homicide. As the Eliza Armstrong case shows, however, it was legal for a father to sell his child as late as 1885. They succeeded in drafting laws which criminalized abortion in all forms, examples of the evidence cited can be found within studies in ultrasonography, fetal heart monitoring, fetoscopy, and behavioral neuroscience. Studies in Neonatal perception suggest that the physiology required for consciousness does not exist prior to the 28th week, how long it takes for the requisite connection to be properly established is unknown at this time. Additionally, it is whether the presence of certain hormones may keep the fetal brain sedated until birth. The rule forms the foundation of UK law related to the fetus, in the case Attorney Generals Reference No. The Law Lords concurred that a fetus, although protected by the law in a number of ways, is not a separate person from its mother in English law. For example, the concept of transferred malice was applied where an assault caused a child to die not because it injured the child and it was also applied where manslaughter through a midwife’s gross negligence caused a child to die before its complete birth. Until she had been alive and acquired a separate existence she could not be the victim of homicide. Attention to the foreseeability on the part of the accused that his act would create a risk. All that it is needed, once causation is established, is an act creating a risk to anyone, the unlawful and dangerous act of B changed the maternal environment of the foetus in such a way that when born the child died when she would otherwise have lived
12.
Brigandage
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Brigandage refers to the life and practice of brigands, highway robbery and plunder. A brigand is a person who lives in a gang and lives by pillage. The brigand is supposed to derive his name from the Old French brigand, which is a form of the Italian brigante, there can be no doubt as to the origin of the word bandit, which has the same meaning. Towards the end of wars, irreconcilables may refuse to accept the loss of their cause, in certain conditions the brigand has not been a mere malefactor. It is you who are the thieves, was the defence of the Calabrian who was tried as a brigand by a French court-martial during the reign of Joachim Murat in Naples. Brigandage may be, and not infrequently has been, the last resource of a subject to invasion. In the Balkan peninsula, under Ottoman rule, the brigands had some claim to believe themselves the representatives of their people against oppressors. The only approach to an attempt to order was the permission given to part of the population to carry arms in order to repress the klephts. In fact the armatole tended to act more as allies than enemies of the klephts, the conditions which favour the development of brigandage may be summed up as bad administration and to a lesser degree, terrain that permits easy escape from the incumbents. The Scottish Marches supplied a theatre for the gentlemen reivers, after the Wars of the Three Kingdoms, policing the Scottish moss-troopers tied up many English soldiers of the occupying New Model Army. Their contemporaries in Ireland became known as tories, rapparees, Irish guerrillas of a later generation, fought for King James II after the Revolution of 1688 and on his defeat degenerated into brigands. The forests of England gave cover to the outlaws, who were portrayed in the ballads of Robin Hood. The dense Maquis shrubland and hills of Corsica gave the Corsican brigand many advantages, the Apennines, the mountains of Calabria, the Sierras of Spain, were the homes of the Italian banditos, and the Spanish bandoleros and salteadores. The great haunts of brigands in Europe have been central and southern Italy, the Gubbings infested Devonshire for a generation from their headquarters near Brent Tor, on the edge of Dartmoor. In France there were there Écorcheurs, or Skinners, in the 15th century, the first were large bands of discharged mercenary soldiers who pillaged the country. The second were ruffians who forced their victims to pay ransom by holding their feet in fires, the salt monopoly and the excessive preservation of the game were so oppressive that the peasantry were provoked to violent resistance and to brigandage. The offenders enjoyed a measure of public sympathy, and were warned or concealed by the population. The brigand is always a hero to at least one faction of Corsicans
13.
Burglary
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Burglary is an unlawful entry into a building or other location for the purposes of committing an offence. Usually that offence is theft, but most jurisdictions include others within the ambit of burglary, to engage in the act of burglary is to burgle or to burglarize. Breaking can be actual, such as by forcing open a door, or constructive. Breaking does not require that anything be broken in terms of damage occurring. Entering can involve either physical entry by a person, or the insertion of an instrument to remove property, insertion of a tool to gain entry may not constitute entering by itself. Note that there must be a breaking and an entering for common law burglary, breaking without entry or entry without breaking is not sufficient for common law burglary. Although rarely listed as an element, the law required that entry occur as a consequence of the breaking. For example, if a wrongdoer partially opens a window with a pry bar—but then notices an open door, the use of the pry bar would not constitute an entry even if a portion of the prybar entered the residence. Under the instrumentality rule the use of an instrument to effect a breaking would not constitute an entry, however, if any part of the perpetrators body entered the residence in an attempt to gain entry, the instrumentality rule did not apply. The use of the word “therein” adds nothing and certainly does not limit the scope of burglary to those wrongdoers who break, the situs of the felony does not matter, and burglary occurs if the wrongdoer intended to commit a felony at the time he broke and entered. The common law elements of burglary often vary between jurisdictions, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. According to one textbook, The word burglar comes from the two German words burg, meaning house, and laron, meaning thief, the British verb burgle is a late back-formation. In Canada, breaking and entering is prohibited by section 348 of the Criminal Code and is a hybrid offence, breaking and entering is defined as trespassing with intent to commit an indictable offence. The crime is commonly referred to in Canada as break and enter, there is no crime of burglary as such in Finland. However, if theft is committed during unlawful entering, then a person is guilty of theft or aggravated depending on the circumstances of the felony. In Sweden, burglary does not exist as an offence in itself, instead, if a person simply breaks into any premise, they are technically guilty of either unlawful intrusion or breach of domiciliary peace, depending on the premise in question. Breach of domiciliary peace is only when a person unlawfully intrudes or remains where another has his living quarters. The only punishments available for any of these offences are fines, in such cases, the maximum punishment is two years imprisonment
14.
Carwalking
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Carwalking is the unlawful act of walking above cars, normally illegally parked on pedestrian zones. Carwalking is understood by all criminal codes as damage of private property, the most famous carwalker was Michael Hartmann who performed the act in Munich, Germany, in the eighties. At that precise time, the owner arrived and later sued him for private property damage, nevertheless the carwalker was condemned to pay 300 Euros, but later appealed. In Mexico City a pedestrian activist called Peatónito, a mix of the Spanish words for pedestrian and he wears a Mexican wrestler mask, a cape and proclaims himself to be a superhero for pedestrians. Parking violation Carwalking documentary Manual to perform carwalking
15.
Collective punishment
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Collective punishment is a form of retaliation whereby a suspected perpetrators family members, friends, acquaintances, sect, neighbors or entire ethnic group is targeted. The punished group may often have no association with the other individuals or groups. In times of war and armed conflict, collective punishment has resulted in atrocities, and is a violation of the laws of war, historically, occupying powers have used collective punishment to retaliate against and deter attacks on their forces by Resistance movements. In the Tithing, groups of ten men swearing the Frankpledge, the Statute of Winchester of 1285 provided that the whole hundred … shall be answerable for any theft or robbery. The Intolerable Acts were seen as a punishment of Massachusetts for the Boston Tea Party. To army corps commanders alone is entrusted the power to mills, houses, cotton-gins. British forces in the Boer Wars and the Germans in the Franco-Prussian War justified such actions as being in accord with the laws of war then in force. One man was killed and the other, a lieutenant, was injured and it was never discovered who the shooter were. During the First World War, the German invasion of Belgium was marked by acts of collective punishment. Some 6,000 civilians were killed, and 25,000 homes burned during this period, during the 1917 uprising against Nicholas II during World War I, many of Nicholas distant relatives in Russia were killed by revolutionaries during that years uprising. This was widely publicized by the Germans, during the occupation, for every German killed by a Pole, 100–400 Poles were shot in retribution. Communities were held responsible for the purported Polish counter-attacks against the invading German troops. Mass executions of hostages were conducted every single day during the Wehrmacht advance across Poland in September 1939. Poland lost over 5 million citizens during the occupation by Nazi Germany, Germany also applied collective punishment elsewhere. In the summer of 1941, Nazi troops executed several hundred people in Kondomari, Alikianos, Kandanos, during its occupation by the Axis from 1941 to 1944, Greece suffered a remarkably high death toll due to reprisals against the support and involvement of the population in the Resistance. Large-scale massacres were carried out in such as Domeniko, Kommeno, Viannos, Drakeia, Kalavryta, Mesovouno, Distomo, Kedros, Chortiatis. In Yugoslavia, Nazi troops killed 434 men in three villages near Kragujevac on October 19,1941 as punishment for actions of the Serbian resistance movement. In the next two days, the Nazis also killed more than 13,000 people in Kraljevo, Kragujevac, in the French village of Oradour-sur-Glane 642 of its inhabitants – men, women, and children – were slaughtered by the German Waffen-SS in 1944
16.
Community court
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Community courts can take many forms, but all strive to create new relationships, both within the justice system and with outside stakeholders such as residents, merchants, churches and schools. Community courts emphasize collaboration, crime prevention, and improved outcomes, including lower recidivism, Community courts are also sometimes referred to as community or neighborhood justice centers. In Australia, a community court is the given to “indigenous court” proceedings conducted in the Magistrates Court of the Northern Territory. Australia also has a Neighbourhood Justice Centre in Collingwood, Victoria, the first community court in the United States was the Midtown Community Court, launched in 1993 in New York City. The court, which serves the Times Square neighborhood of Manhattan, targets quality-of-life offenses, such as prostitution, illegal vending, graffiti, shoplifting, farebeating, the Midtown Court experiment was born of a profound frustration with the conventional response to quality-of-life crime. Supporters of the initiative, which included justice system innovators, business leaders and neighborhood residents and they also felt that a court could use its leverage to more effectively address the causes and conditions that contribute to crime. Court planners sited the new court in a renovated 1896 building, the building featured clean, bright holding rooms secured with glass panels rather than bars, a pointed contrast to the typical holding pens. The new courthouse also included a floor of office space for social workers to assist offenders. At the same time, wherever possible, the court uses its legal leverage to link offenders with social services—drug treatment, health care, in these ways, the Midtown Community Court seeks to stem the chronic offending that demoralizes law-abiding residents. The researchers also credited the Midtown Court with changing conventional sentencing practices for low-level offenses, sentencing at the Midtown Court produced significantly more intermediate sanctions than the city’s conventional arraignment court. Intermediate sanctions included immediate assignment to community projects to mandatory participation in social services. In addition, the researchers found “substantial evidence” that the Midtown Court contributed to improvements in conditions in Times Square. Community members also reported a reduction in graffiti along Ninth Avenue. By 1997, the Court was arraigning an average of 65 cases per day for a total of over 16,000 cases. This volume made the Midtown Court one of the busiest arraignment courts in the city, in addition, sentenced offenders were performing the equivalent of $175,000 worth of community restitution work per year. The Midtown Court’s emphasis on immediacy—offenders must report to the Court’s community service or social service center immediately after sentencing—also improved compliance rates, nearly 75 percent complete their community restitution sentences as mandated, the highest rate in the city. According to the Center for Court Innovation, community courts are animated by six key principles, by the end of 2010, there had been at least 19 separate evaluations conducted of community courts, including 11 impact studies, nine process evaluations, and three cost-benefit analyses. A2012 evaluation of the District of Columbia Superior Courts East of the River Community Court found that the program brought down rates of re-offending among misdemeanor defendants
