55 resultados para children -- Crimes against

em Deakin Research Online - Australia


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The end of World War II brought little relief to the lands it ravaged most. Mass wartime violence continued in the Soviet space beyond the ‘false peace’ of 1945. Historians have sought to explain this violence in terms of the ‘wartime brutalisation’ of state and citizens alike, though this approach is limited in explaining how and why violence continued after 1945. This article shifts focus from psychology to social history to argue that the disintegration of Soviet state control is central to explaining the enduring violence after 1945 and understanding its emergence as much ‘from below’ as ‘from above’.

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The author conducted secondary data analysis of 3 previously reported studies (D. J. Higgins & M. P McCabe, 1998, 20(K)b, 2(X)3) to examine whether respondents are best classified according to their experience of separate maltreatment types (sexual abuse, physical abuse, psychological maltreatment, neglect, and witnessing family violence) or whether their experience reflects a single unifying concept: child maltreatment.

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Allegations of body parts trafficking implicating the West have been surfacing persistently in the media of many non Western countries for almost 20 years. Western media has responded to the allegations with denials and denunciations. This thesis considers the competing accounts and places them in a framework for analysis.

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This article analyses the status of child offenders under international criminal justice. International criminal proceedings, especially those in the African continent, have recently highlighted the significance of children and young people as perpetrators of genocide, crimes against humanity and war crimes. It has been suggested by one commentator that there exist international prohibitions on the prosecution of children for international crimes. It will be argued here that this claim is not substantiated in respect either of customary or treaty-based international obligations.

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A recent series of court cases in Australia in which teachers have been convicted of sexual crimes against children and adolescents has brought to attention the fact that females are capable of, and do commit, such crimes. However, the nature of the crimes does not reflect the range of sexually abusive behaviours females may perpetrate, nor the kinds of women who may engage in such behaviour. We consider definitional problems in identifying female-perpetrated sexual abuse, and note that apart from one attempt to describe the range of sexual abuse perpetrated by mothers, there is little to guide researchers or clinicians in relation to female perpetrated offences more generally. We then consider approaches to categorising female sex offenders, and conclude that, although there a several such approaches that overlap in some ways, a multidimensional approach that combines aspects of each taxonomy may be more useful.

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I. The Evolution of International Criminal Law International criminal justice concerns breaches of international rules entailing the personal criminal liability of individuals (as opposed to the State for which the individuals may act as agents or organs), and presently includes acts such as genocide, torture, crimes against humanity, aggression and terrorism. ... A rule stating: any act of armed conflict which directly causes the death of a civilian is a war crime unless it can be shown that the military advantage gained by the attack outweighs the harm. ... Thus, so far as international criminal law is concerned any act during armed conflict which results in the death or injury to a person who does not pose a direct threat to the life of the accused should be a war crime. ... Pursuant to the Rome Statute and as a matter of customary international law torture is a war crime when performed in the context of an armed conflict, and a crime against humanity when it is part of systematic criminal conduct. ... Torture can also constitute an individual international crime, even where it does not satisfy the criteria of a war crime or crime against humanity. ...

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Violence against women perpetrated by male partners, or ex-partners. is one of the most concerning and prevalent public health issues in the world today and is a major cause of injury and mental illness among women and children. Violence against women occurs in most societies irrespective of culture, socio-economic status or religion. Nevertheless, it has been identified that immigrant and refugee women are particularly at risk in cases of domestic violence (Easteal 1996: Narayan 1997; Human Rights Watch 2000; Walter 2001: Perilla 2003: Kang Kahler & Tesar 2003:). To make sense of this issue. we articulate an intersectional feminist framework that we used to analyse the results of an empirical investigation of men's violence against women in refugee families in Melbourne. II)

Although this research has investigated the complex field of domestic violence, culture. trauma and historical and contemporary disadvantage, it has a fundamental prerequisite standing that regardless of past and current experiences; men must take responsibility for their violence against women. Our concern is to understand how male domination manifests itself within each culture and emerging, changing cultures in the diaspora, to explore the connections with men's violence against women within the unique domain of the refugee experience.

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Evoking Genocide compiles more than sixty short essays written by leading scholars and activists in the field of genocide studies. These authors pay eloquent tribute to the works of art and media that influenced their engagement with genocide and crimes against humanity. The subjects include books and stories, films, songs, drawings, documents, monuments, sculptures, personal testimonies, and even a Lego set. In an accessible and often deeply personal way, contributors explore their own relationships with the works in question. Edited by Adam Jones, recently selected as one of fifty key thinkers in Holocaust and genocide studies, Evoking Genocide makes an important contribution to the study of the art and culture of mass atrocity.

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There are no overarching (and few settled) principles governing the sentencing of white-collar offenders. This is especially the situation in relation to the relevance of public opprobrium to the sentencing calculus and the manner in which employment deprivations stemming from the penalty impact on the sentence. To the extent that there is general convergence in the approach to sentencing white-collar offenders, the approach is often not sound. This is the case in relation to the minor sentencing discount accorded for previous good character, and the prevailing orthodoxy which assumes that offences targeted at major institutions, such as banks, meaningfully impair community confidence in such institutions. Fundamental reform of the manner in which white-collar offenders are sentenced is necessary in order to make this area of law more coherent and doctrinally sound. These reforms include providing a significant and pre-determined discount for restitution, reducing the weight given to general deterrence in the sentencing calculus, and providing a greater discount for previous good character and employment deprivations suffered as a direct result of the sentence. Further, crimes against individuals should be regarded as being more serious than those committed against large corporations or the public revenue. The article focuses on the existing law in Australia, however, the reform proposals and doctrinal analysis could be applied to all jurisdictions.

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This article analyses the sentencing judgment issued on 11 January 2007 bythe Ethiopian Federal High Court in the case of Mengistu Hailemariam andhis co-accused who had been tried, among others, on charges of genocide andcrimes against humanity. This was the first African trial where an entire regimewas brought to justice before a national court for atrocities committed while inpower. Twenty-five of the 55 accused found guilty, including Mengistu, were triedin absentia (Mengistu remains in exile in Zimbabwe). The trial took 12 years,making it one of the longest ever trials for genocide. In December 2006, Mengistuwas convicted by majority vote of genocide and crimes against humanity pursuant toArticle 281of the1957 Ethiopian Penal Code, which includes ‘political groups’amongthe groups protected against genocide. A dissenting judge took the position that theaccused should have been convicted of aggravated homicide because the relevant part of the provision had been repealed. A few weeks later, the Court, by majority,sentenced the top tier of the accused to life imprisonment, taking into accountcertain extenuating circumstances. If not for these, the death penalty would havebeen imposed. In addition to ensuring some accountability, the judgmentis important for providing an official and detailed account of what happenedin those years in Ethiopia under Mengistu’s reign. Given that in Ethiopia there areno official gazettes where court judgments are published, it is unlikely that the publicwill be able to read the judgment and thus become aware of what had happened.In addition to analysing the reasoning of the court, this article also looks intothe prevailing political circumstances in the country and reflects upon the trialand the reception that this important decision has had, and will receive, in thewider community.

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A better understanding of motivation for behaviour change among sex offenders against children would improve treatment programmes designed to modify sexual offending behaviour. However, investigation of this issue is limited by lack of theoretically and empirically sound measures of motivation for behaviour change among sex offenders. This paper reports on two studies that were conducted to investigate the psychometric properties (validity, reliability, and social desirability) of the Stages of Change Questionnaire, adapted to measure motivation for behaviour change among sex offenders against children. In Study 1, the psychometric properties of the questionnaire were assessed for sex offenders against children (n=36) who were on a treatment waiting list. In Study 2, the psychometric properties of the questionnaire were assessed for sex offenders against children (n=47) at pre-treatment, mid-treatment, and post-treatment. Both studies supported the validity and reliability of the adapted Stages of Change Questionnaire, and the influence of social desirability upon responding was less than expected. The results of this investigation supported the potential utility of the Stages of Change Questionnaire as a measure of motivation for behaviour change for sex offenders against children.

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The aim of this experiment was to examine the effectiveness of two techniques in enhancing children's recall of an event that they experienced approximately a week earlier. Younger (5–6 years) and older (8–9 years) children were interviewed about a magic show event in one of three conditions. Before recalling the event, some children were instructed to mentally reinstate the context of the event (MCR group), others were asked to draw the context of the event (DCR group), and others received no reinstatement instructions (NCR). Results showed that these instructions had no impact on children's free recall or responses to open-ended prompts. However, reinstatement instructions impacted children's responses to suggestive questions: those in the DCR group gave more accurate responses than those in the NCR group. These findings provide preliminary support for the use of drawing as a potentially protective exercise that lessens the impact of biased questions with child witnesses.

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Mobile phones are becoming important instruments for assessing diet and energy intake. We developed the Tool for Energy Balance in Children (TECH), which uses a mobile phone to assess energy and food intake in pre-school children. The aims of this study were: (a) to compare energy intake (EI) using TECH with total energy expenditure (TEE) measured via doubly labelled water (DLW); and (b) to compare intakes of fruits, vegetables, fruit juice, sweetened beverages, candy, ice cream, and bakery products using TECH with intakes acquired by 24 h dietary recalls. Participants were 39 healthy, Swedish children (5.5 ± 0.5 years) within the ongoing Mobile-based Intervention Intended to Stop Obesity in Preschoolers (MINISTOP) obesity prevention trial. Energy and food intakes were assessed during four days using TECH and 24 h telephone dietary recalls. Mean EI (TECH) was not statistically different from TEE (DLW) (5820 ± 820 kJ/24 h and 6040 ± 680 kJ/24 h, respectively). No significant differences in the average food intakes using TECH and 24 h dietary recalls were found. All food intakes were correlated between TECH and the 24 h dietary recalls (ρ = 0.665-0.896, p < 0.001). In conclusion, TECH accurately estimated the average intakes of energy and selected foods and thus has the potential to be a useful tool for dietary studies in pre-school children, for example obesity prevention trials.