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PubMedDate not supplied

[Direct genetic manipulation and criminal code in Venezuela: absolute criminal law void?].

The judicial regulation of genetic biotechnology applied to the human genome is of big relevance currently in Venezuela due to the drafting of an innovative bioethical law in the country's parliament. This article will highlight the constitutional normative of Venezuela's 1999 Constitution regarding this subject, as it establishes the framework from which this matter will be legally regulated. The approach this article makes towards the genetic biotechnology applied to the human genome is made taking into account the Venezuelan penal law and by highlighting the violent genetic manipulations that have criminal relevance. The genetic biotechnology applied to the human genome has another important relevance as a consequence of the reformulation of the Venezuelan Penal Code discussed by the country's National Assembly. Therefore, a concise study of the country's penal code will be made in this article to better understand what judicial-penal properties have been protected by the Venezuelan penal legislation. This last step will enable us to identify the penal tools Venezuela counts on to face direct genetic manipulations. We will equally indicate the existing punitive loophole and that should be covered by the penal legislator. In conclusion, this essay concerns criminal policy, referred to the direct genetic manipulations on the human genome that haven't been typified in Venezuelan law, thus discovering a genetic biotechnology paradise.

Criminal Law↗
PubMedDate not supplied

[White-collar criminals--a homogenous offender population? Reflections on typical and atypical "white-collar criminals"].

Little has been written in German scientific literature on the personality structure of white-collar criminals. Often, the relevance of this level of investigation has downright been denied. Conventional psychopathology does not seem to be an appropriate approach to these character problems since there are not only deficits but also competences to be found which are useful while making a professional career. The author points out the inhomogeneity of this offender population and presents a case report of an atypical white-collar criminal. Over and above that, he introduces two psychological concepts which are apt to better describe the peculiarities of these individuals: Machiavellian intelligence is often the core competence when it comes to rising in hierarchies, whereas the newly defined psychopathy concept according to R. D. Hare makes plausible the moral and ethical failure of these offenders in their professional settings.

Adult↗
PubMed1986

The interaction of mental illness, criminal behavior and culture: native Alaskan mentally ill criminal offenders.

The rapid changes experienced by non-Western ethnic groups as they become "acculturated" to Western life-styles are frequently associated with disintegration of the traditional cultures and psychosocial dysfunction of the groups' members. How culture changes lead to maladaptation remains a mystery. As a first step in clarifying this relationship, this paper proposes a method for analyzing the interaction of cultural change and psychosocial maladjustment. It uses Native Alaskans as a paradigmatic example of a group that is undergoing rapid changes and describes in detail a maladjusted subgroup of Native Alaskans--mentally ill criminal offenders. It compares 567 Native Alaskan criminal offenders who were referred to mental health professionals (from 1977 thru 1981) to 939 White Alaskan offenders. We find that alcohol abuse, the dominant social problem for Native Alaskans, is not clearly associated with the degree of sociocultural change. Residence in larger communities and higher educational achievement are associated with greater psychosocial maladjustment. The region of residence (i.e., Native Corporation) has a stronger influence on the rate and type of maladjustment than the ethnic group (i.e., Eskimo, Indian, or Aleut) or the "ethnic density" of the community of residence (i.e., the proportion of Native Alaskans in the population). We emphasize the importance of using such quantitative findings to focus the questions that should be addressed by ethnographic research.

Acculturation↗
PubMedDate not supplied

Criminal justice and psychiatry: a study of the pattern of criminality in Ibadan division.

Two thousand, one hundred and fifty-eight offenders committed for trial at the Ibadan Magistrate courts between 1974 and 1975 were reviewed. A preponderance of males (95.9%) and young adults (81% less than 40 years) was found in the population of the offenders. A decline in criminal offences was found with increase in age. Stealing was found to be the commonest crime and it was about half (49%) of the total offences. There were significant increases in fraud and assault between 1974 and 1975. Within the 2 years, only cases of homicide (twenty-three out of seventy-one cases) were referred for psychiatric assessment. Attempted suicide and drug abuse were not referred. It was concluded that psychiatric cases can commit any form of crime and that where the sanity of a criminal, whatever the type, is doubted, he should be referred for psychiatric evaluation.

Age Factors↗
PubMedDate not supplied

Criminal prosecution of drug traffickers under the continuing criminal enterprise statute in federal courts of the United States of America.

The continuing criminal enterprise statute, 21 United States Code 848, which was enacted in 1970 to deal, inter alia, with suppression of illicit traffic in drugs, contains a mandatory minimum sentencing provision of not less than 10 years and up to life imprisonment following conviction. It also contains a provision to seek forfeiture of the profits obtained by the defendant from the criminal enterprise. When drug-trafficking organizations move their finances abroad, it becomes difficult to identify assets in order to seek forfeiture. Therefore, the successful prosecution of major drug traffickers, under this statute, requires the co-operation of the institutions concerned and of courts in other countries in order to obtain the necessary evidence. Such co-operation is facilitated by a bilateral mutual judicial assistance treaty, when it exists.

Crime↗
PubMed1997

[Neurology--a specialty with own criminal novels. Neurological topics in Norwegian criminal literature].

The authors of a large number of Norwegian detective stories, particularly from the first part of this century, are occupied with neurologists and neurobiological problems. A survey of this literature shows. One Norwegian neurologist has written four detective stories. Not one single neurologist can be found as a detective hero. On the other hand there are numerous examples of the neurologist as a criminal or even a murderer. Neurological symptoms and signs (mostly functional pareses and epileptic fits) are used to construct the plot in other novels. The most striking finding is a detective story where the criminal is a neurobiologist, the plot is based on neurobiology and the author discusses neurological phenomena throughout the entire book.

Crime↗
PubMed1998

Intoxication and criminal responsibility in Dutch criminal Law.

This article deals with the question in how far an offence committed in the Netherlands under the influence of alcohol or other drugs can be imputed to the offender. Unlike many other countries the Dutch Penal Code does not contain specific provisions with respect to the criminal liability of addicted or intoxicated offenders. In principle, they are held responsible for their offences, even when the dolus or culpa is absent at the moment they commit their offence. Doctrine and jurisprudence found this liability on the principle of 'culpa/dolus in causa', by accepting an anterior dolus or culpa, which is situated at the moment the offender takes alcohol or other drugs. As is shown in this article, the - nondogmatic - interpretation of this culpa in causa doctrine leaves hardly any space for a claim to impunity.

Crime↗
PubMed2005

Mapping the criminal mind: idiographic assessment of criminal belief systems.

An idiographic procedure designed to assess the belief systems of criminal offenders is described, investigated, and clarified. This measure, the Cognitive Map of Major Belief Systems (CMMBS), assesses the five belief systems (self-view, world-view, past-view, present-view, future-view) held to occupy the higher echelons of human cognition. Modest to moderate test-retest reliability was achieved when 19 inmates, enrolled in one of three drug-counseling groups, completed the CMMBS on two separate occasions, 2 weeks apart. It was also ascertained that the drug treatment specialist who served as therapist for all three groups "blindly" matched the 19 CMMBS records to the inmates who produced them. A case study of one of the 19 participants was used to illustrate how the CMMBS is employed with individual offenders and how belief systems interact with major schematic subnetworks such as attributions, outcome expectancies, efficacy expectancies, goals, values, and thinking styles to create crime-supporting lifestyles.

Adult↗
PubMed1992

Criminals' explanations of their criminal behavior, Part I: The contribution of criminologic variables.

The author reviewed the literature concerning criminals' explanations of their crimes and then studied the explanations given by 100 incarcerated men. He found no significant associations between juvenile or adult arrest histories, alias use, age at time of the crime, trial plea, sentence length, duration of incarceration, and explanation types used. Only murderers significantly used a specific explanation type. These observations suggest that explanations are largely independent of traditional criminological attributes; that prolonged confinement to prison does not result in offenders admitting to their crimes; and, that killers have an especially difficult time accepting responsibility for taking the life of another human being.

Adult↗
PubMedDate not supplied

[Criminal process record Winckelmann (Triest, 1768). Comments on the criminal process dealing with the murder of Johann Joachim Winckelmann from the forensic historical and legal medicine viewpoint].

Johann Joachim Winckelmann, German historian of ancient art and archaeologist, was born on 9 December 1717 in Stendal, a town in Saxony-Anhalt. At the age of 50 he was murdered on 8 June 1768 in a Trieste hotel. The voluminous original record of the criminal proceedings against his murderer, Francesco Arcangeli, was presumed lost for about 150 years. A new edition in the wording of the original text appeared in 1964. This long sought historical document gives cause for forensic-historical reflections under consideration of the autopsy protocol about Winckelmann, which is likewise a historical document. A considerable change of paradigm in comparison to current autopsy protocols is observed with regard to the evaluation of injuries and the circumstances of death.

Archaeology↗
PubMed1995

[Delimiting the age of criminal responsibility (section 3 of the juvenile court act) from legal innocence and diminished responsibility (sections 20, 21 of the criminal code) from the adolescent psychiatry viewpoint].

Distinguishing section 3 Juvenile Court Act (JGG) from sections 20, 21 Criminal Code (StGB) can cause some serious problems from time to time, the consequences for the investigated juveniles are then often also serious. The basis for the legal decisions are shown as well as the commentaries written on them which are partly contradicting. With the aid of five examples out of the practice of a child psychiatric expert decision criteria as a guide for an appropriate judgement are developed and discussed.

Adolescent↗