6 resultados para criminal proceedings

em Deakin Research Online - Australia


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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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Purpose – The purpose of this paper is to identify and evaluate treatment for adult fire setters with an intellectual disability, given the specific risks they present, the complexities of criminal proceedings associated with their behaviour, and subsequent rehabilitation. However, the review also took into account programmes for fire setters in the wider population, including those for children and adolescents, given that such research might also inform the development of programmes for offenders with an intellectual disability.

Design/methodology/approach – A systematic review of the literature was undertaken.

Findings – Only four studies which evaluated treatment programmes specifically for arsonists with an intellectual disability were identified. Although each of these studies reported a reduction in fire-setting behaviour following programme completion, all employed relatively weak research designs. An additional 12 studies investigating programmes for arsonists without intellectual disability were also identified. It is concluded that there is a lack of evidence regarding treatment programme outcomes for arsonists with an intellectual disability. The extent to which such programmes can be adapted to suit adult offenders with an intellectual disability is discussed, with recommendations made for the design and evaluation of arson treatment programmes for offenders with intellectual disabilities.

Originality/value – Currently, minimal treatments programs exist for fire setting in offenders with intellectual disability. This review highlights the importance of further research into treatment programs for this specialised population.

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Criminal courts provide a forum for conducting prosecutions with a guilty plea or a trial. Since queues are used as the basis for rationing scarce court facilities delays are inevitable, however courts are invariably criticised as being inefficient as a consequence. This focus on court delay defined as the time elapsing between the listing of the case in the court list and its final disposition is misleading. Rather, attention should be drawn to the considerably longer period between the initiation of proceedings and the conclusion of the case. In the case of defendants not granted bail, this pre-trial delay confers both costs and benefits on society and this observation can be used to ascertain socially optimal pre-trial waits.

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An analysis of 32 cases reported between July 2010 and September 2014 byprofessional disciplinary tribunals in New South Wales and Victoria againstmedical practitioners found guilty of inappropriately prescribing Sch 8 medications(mainly opioids) and Sch 4 drugs (mainly benzodiazepines) demonstrated, among others, a lengthy delay between the occurrence of the miscreant conduct and the conclusion of disciplinary proceedings. The study also raised questions about the appropriateness of utilising common criminal law theories of punishment and deterrence by non-judicial tribunals.