Conceptions and representations of the sentencing decision process

This article attempts to reflect on the success of attempts by academic research to understand and explain the sentencing decision process. It identifies conventional themes in the conception and representation of that decision process and argues that there are some important difficulties associated with them and consequently implications for both the findings of sentencing research and for approaches to sentencing reform. The article suggests a possible alternative approach to conceptualizing and representing the sentencing decision process and also raises questions about the nature of the discretionary (legal) decision process more generally

Meeting the minimum standards of the Palermo Protocol: The case of South Africa

Magister Legum - LLMThis research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive overview of the punishment, prevention of human trafficking in South Africa was looked into as well as victim protection. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa has adopted specific legislation, namely the Trafficking Act. The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties, protocols, declarations and resolutions, which focus specifically on combating trafficking and those with a human-rights focus, obliges States to prosecute traffickers, protect those who are vulnerable to trafficking as well as those already trafficked and establish measures for prevention. This research further highlighted the importance of preventing human trafficking which starts with government but non- governmental organisations play a vital role in this element as well

The Computer Misuse Act 1990: lessons from its past and predictions for its future

The age of the internet has thrown down some real challenges to the Computer Misuse Act 1990. Recently, the Government made changes to this piece of legislation, in an attempt to meet two of those challenges--the proliferation of “ Denial of Service” (DoS) attacks, and the creation and dissemination of “ Hackers' tools” --and to fulfil international commitments on cybercrime. Yet some of these new measures invite criticisms of policy, form and content, and bring doubts about how easy to interpret, and how enforceable, they will be

Driving offences

Copyright @ 2010, Taylor & Francis Group. This material is posted on this site with the permission of the publishers.This chapter on driving offences will largely follow the template of earlier chapters except that owing to their vast number, a limited selection only will be examined based on their high volume, seriousness and public concern. The first section will define what driving offences are, how they developed alongside the emerging car culture, and it will consider the contemporary landscape. The second section will give a general overview of patterns and trends, those most likely to engage in road traffic offending, and kinds of explanations voiced by drivers and theoretical approaches used. The next three sections will follow a similar pattern and focus on speeding, bad driving – mostly dangerous and careless offences, and impaired driving – mostly drink-driving but mentioning drug-driving and fatigued driving. In addition, contemporary debates and key issues concerning each will be considered, along with official responses to each offence category comprising court-based penalties and other measures. The final section will draw the key threads and themes together, noting the danger of work-related driving. Given that up to a third of all road traffic collisions involve somebody at work at the time accounting for up to 20 fatalities and 250 serious injuries every week (DfT and HSE, 2003), the importance of reducing traffic offending is clear

Submission of Evidence on Online Violence Against Women to the UN Special Rapporteur on Violence Against Women, its Causes and Consequences, Dr Dubravka Šimonović

Figure S1. B3GALNT2 levels determined by W.B. and ROC curve. a–c Relative mRNA expression of B3GALNT2 in HCC tumor tissues and normal liver tissues obtained from GSE76427, GSE36376, and TCGA-LIHC datasets. d Western blot analysis of B3GALNT2 levels in 24 pairs of HCC tissues. T HCC tumor tissue, N adjacent non-tumor tissue. e ROC curve analysis of the sensitivity and specificity for the predictive value of TNM model, B3GALNT2 expression, and the combination model. (TIFF 546 kb