Introduction........................................................................................ 80 I. The Ambitions of International Criminal Justice .......... 84 A. The Domestic Criminal Law Aims....................................... 85 B. The Historical Record Aim.................................................. 88 C. The Transitional Justice Aims.........................................

the causation (tasbib) is a ground of liability in law which leads to compensation of damages in civil law and punishment in criminal law. as causation being discussed in both civil law and criminal law separately, it is generally perceived that the causation in civil law is different from that of criminal law. by reviewing the roots and conditions of causation, it becomes clear that the nature...

the decision of court and public prosecution in criminal matter has a absolute res judicats. the main conditions of res judicats (cause, object and person unity) become mooted in criminal law again, but criminal law is differ from civil law in this matter. in civil law, res judicats consider according to general conditions but criminal law can not consider upon those conditions. many cases, spe...

This article examines the legal implications linked to recent scientific research on human consciousness. The article contends that groundbreaking revelations about consciousness expose the frailties of the criminal law's traditional dual dichotomies of conscious versus unconscious thought processes and voluntary versus involuntary acts. These binary doctrines have no valid scientific foundatio...

The expansion of the US carceral state has been accompanied by the emergence of what we call the ‘shadow carceral state’. Operating beyond the confines of criminal law and justice institutions, the shadow carceral state expands penal power through institutional annexation and legal hybridity, including: (1) increased civil and administrative pathways to incarceration; (2) the creation of civil ...

In four empirical studies, we showed that laypeople apply the ignorance of the law defense differently depending on the perceived morality of the defendant’s course of conduct at the time of the illegal act. Moral and neutral defendants who pled ignorance of the law were afforded leniency, whereas immoral defendants were sentenced as though they were not ignorant, even when defendants in all th...

The widespread phenomenon of enacting HIV-specific laws to criminally punish transmission of, exposure to, or non-disclosure of HIV, is counter-active to good public health conceptions and repugnant to elementary human rights principles. The authors provide ten reasons why criminal laws and criminal prosecutions are bad strategy in the epidemic.

The Report on " The Criminal Law and Sexual Offenders prepared by the Joint Committee on Psychiatry and the Law appointed by the British Medical Association and the Magistrates Association, focuses attention upon a part, and perhaps not the most important, of the larger problem of the medical treatment of crime. It will be generally accepted that unless the matter is viewed in perspective, and ...