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Week 3a Readings For example, Cullen (Chapter 6 in Latessa et al.) assesses the penal harm of the decline in penal welfarism/the 20 Century Rehabilitative Ideal, focusing on the negative effects the imprisonment binge (an effect of the culture of control) has had on racial minorities and the current inability of policy makers to embrace rehabilitative efforts that are shown to effective (via empirical tests/evaluations) in treating offenders/reducing recidivism. The shift from penal welfarism provided society with several predicaments, including high crime rates, limits of the criminal justice system, and the myth that the state is sovereign and thus has a monopoly on crime control. www.criminology.fsu.edu /penology/week5readings.htm   (1034 words)

[No title] (Penal Code, 1 2323.) This prohibition does not apply to members of the federal or state militia while on duty and engaged within the scope of their duties, to any police agency or forensic laboratory, or to per- sons who hold valid permits issued pursuant to Penal Code section 12305. (Penal Code, 12552,12100.) No minor shall have in his or her possession, any handgun unless the minor has the written permission of his or her parent or guardian or is accompanied by the parent or guardian while in possession of the handgun. (Penal Code, 12031.1.) \\UnlawFul Possession of a Flaregun\\ Except as provided for in the previous paragraph, it is unlawful for any person to carry a flaregun concealed on his or her person or within any vehicle under his or her control or di- rection. www.textfiles.com /politics/GUNS/caligun.law   (8581 words)

nygray Penal Law 35.05(2) requires, however, that a defendant establish a prima facie case by producing evidence from which a reasonable juror could find that he has met each element of the defense. Specifically, the harm they seek to combat is the release of ever higher levels of pollution from vehicular traffic, and the unnecessary death and serious illness of many New Yorkers as a result. Penalizing them because a result reasonably expected did not actually occur immediately following their action, would be contrary to the purposes of the necessity defense. wings.buffalo.edu /law/bclc/web/nygray.htm   (5934 words)

TRANSPORTATION ALTERNATIVES: Testimony: Defendants' Memorandum of Law in Support of their Defense of Justification: ... The opposition of the defendants to the harm occasioned by the improper infringement of the right of bicyclists and pedestrians to travel freely should be given significant weight by the Court in determining whether the defendants' acts were justified. In short, the harm to residents of New York arising from high levels of carbon monoxide is grave and imminent and only exacerbated by policies such as banning bicycles and pedestrians from the Queensboro Bridge during the rush hours. In conclusion, the harm which the defendants are alleged to have caused is minor compared to the danger which they were seeking to prevent as well as the compelling state interest in preventing the enforcement of a public policy unreasonably denying a fundamental right to a class of people. www.transalt.org /press/testimony/911108queensboro.html   (9461 words)

THE CHANGING FACE OF EUROPEAN DRUG POLICY Harm reduction can take on many forms and, according to DEA, “is often used to describe specific programs that attempt to diminish the potential harmful consequences associated with a particular behavior.” Some of those programs include needle exchange, substitution treatment, maintenance treatment, and injection rooms. To reduce the potential harm to the unborn child, a user may be kept in treatment for the duration of the pregnancy without her consent, provided voluntary treatment is not an option. Harm reduction measures are also imposed in prison facilities throughout Italy, where inmates with substance abuse problems may apply for treatment in place of their prison sentence. www.dpna.org /resources/trends/changingface.htm   (2952 words)

[No title] The investigative stage of the penal process is carried out by a judge, and the suspect benefits from a system of procedural guarantees. A draft of a new Penal Code, whose structure differed greatly from the existing Penal Code, was being studied by the Legislature in 1993. The Penal Chamber of the Supreme Court is composed of 15 judges. www.ojp.usdoj.gov /bjs/pub/ascii/wfbcjspn.txt   (4127 words)

[PRISONACT] report: International Conference On Penal Abolition (ICOPA X) Penal abolitionists recognize that societies have existed and were able to function without penal sanctions in the past and thus we should be capable of functioning without them today =AD the challenge lies in finding a non-penal, non-violent, non-oppressive structure that is compatible with ou= r present day existence. Penal abolitionists recognize that the penal mindset is engrained in many factors of everyday existence and functioning and thus realize that the battle is both concrete (in terms of fighting against human rights violations) and abstract (in terms of revolutionizing thoughts and challenging assumptions). Penal abolitionists are vehement in their pursuit for true social justice and feel that this begins with the proper recognition of all harms followed thereafter by properly represented=, relevant necessary actions as defined by the voiced needs of all affected victims, offenders and community members. prisonactivist.org /pipermail/prisonact-list/2002-October/005959.html   (11490 words)

Pierce College - Student Profile Reasonable suspicion - According to the Penal Code, a person has a "reasonable suspicion" when it is objectively reasonable to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse. The reporting duties imposed under Penal Code section 11166 are individual, and no supervisor or administrator may impede or inhibit an individual's obligation to report, and no person making such a report may be subject to any sanction for making the report. Persons who are not required to report pursuant to Penal Code section 11165.7, are not required to include their names in the report to the child protective agency. www.piercecollege.edu /offices/Compliance/regulations.aspx   (1448 words)

Journal of Contemporary Legal Issues The subjectivist view maintains that such harm or evil is irrelevant; only the actor's culpable state of mind regarding the occurrence of the harm or evil is important. Perhaps the drafters knew that their view on harm and evil was not shared by most members of the community and that in the political process surrounding adoption of a criminal code it was likely that many jurisdictions would seek to deviate from the Model Code to make harm and evil matter. Generally, a "harm" or a "harmful" result is used here to refer to a tangible or intangible consequence of conduct, such as those described in the result elements of offense definitions. www.law.upenn.edu /fac/phrobins/roleofharm.html   (8799 words)

Introduction   (Site not responding. Last check: 2007-10-09) [40] The Model Penal Code expresses a purpose of the criminal law to be the forbidding and preventing of conduct “that unjustifiably and unexcusably inflicts or threatens substantial harm to individual and public interests.”[41] It is not the subjective ethical immorality of the offender that is the true substance of criminal harm. In short, harm signifies the loss of value.”[52] Hall’s statements illustrate that many harms consist not in the change of physical things or conditions produced by the crime, but in the infringement of interests or rights which are only intellectually conceivable. Since “harm” indicates that some damage has been done which is the result of some unlawful action, seeking the nature of harm actually means ascertaining the objects which can be harmed. cybercrimes.net /Virtual/Burney/page4.html   (2636 words)

§745.8555 What do the following words mean when Licensing investigates abuse, neglect, or exploitation?   (Site not responding. Last check: 2007-10-09) Emotional harm is any significant change in a child's physical health or social behavior, including changes in sleeping and eating patterns. Evidence that the emotional harm is substantial includes the nature of the act or omission, the age of the child, and/or the persistence of the symptoms. Substantial emotional harm is presumed when the act or omission is of a sexual nature, the child acts out sexually, or the child attempts suicide. www.dfps.state.tx.us /Handbooks/Rules/TAC_745/_745_8555_1316.htm   (530 words)

No. 87: The People &c. v. Paul Stuart On this appeal, defendant contends that Penal Law § 120.45 is unconstitutionally vague both on its face and as applied to him. We therefore conclude that sections 120.45(1) and (2) of the Penal Law, as applied to defendant's conduct, are not unconstitutionally vague. Third-degree stalking is a class A misdemeanor (Penal Law § 120.50); second-degree stalking is a class E felony (Penal Law § 120.55); and first-degree stalking is a class D felony (Penal Law § 120.60). www.law.cornell.edu /nyctap/I03_0101.htm   (6191 words)

Mexican Law Review   (Site not responding. Last check: 2007-10-09) Inside the patrimonial harm, is also distinguished the profit out of a job, consisting of the legitimate profit that is no longer perceived as a result of the illicit action. When the harm refers to certain values not appraised in money, one is in the habit of naming moral harm, since it happens in the harm caused to the victim in his health, in his corporal integrity, in his freedom, in his physical aspect, in his honor, or in his reputation. By moral harm it is understood as the affectation that a person suffers in his feelings, affections, beliefs, propriety, honor, reputation, private life, configuration and physical appearance, or in the same consideration that they have for others. www.juridicas.unam.mx /publica/rev/mlawr/cont/3/arc/arc4.htm   (2740 words)

Barcelona AIDS Conference Reports ~ Harm Reduction Although regular local evaluation of harm reduction strategies are vital, only global studies are likely to result in sufficient political will to make a real dent in the spread of HIV among injecting drug users (IDUs). In the last few years the risk and harm reduction polices which have been implemented throughout the entire community have resulted in a considerable reduction in the incidence of blood transmitted diseases amongst IVDU (intravenous drug users) and have proved to be efficient and reliable. The penal system was originally created to isolate anybody who has committed a crime from the rest of society, in order to educate them for a possible social re-integration. www.actupny.org /reports/bcn/BCNharmreduction.html   (2957 words)

SUMMA THEOLOGICA: The comparison of one sin with another (Prima Secundae Partis, Q. 73) Further, greater harm is inflicted on a man by depriving him of the life of grace, than by taking away his natural life; because the life of grace is better than the life of nature, so far that man ought to despise his natural life lest he lose the life of grace. In this case again the quantity of the harm done aggravates the sin; indirectly, however, in so far, to wit, as it is owing to his will being strongly inclined to sin, that a man does not forbear from doing, to himself or to another, a harm which he would not wish simply. Although the harm done aggravates a sin, it does not follow that this alone renders a sin more grievous: in fact, it is inordinateness which of itself aggravates a sin. www.newadvent.org /summa/2073.htm   (5748 words)

Summa Theologica Objection 3: Further, greater harm is inflicted on a man by depriving him of the life of grace, than by taking away his natural life; because the life of grace is better than the life of nature, so far that man ought to despise his natural life lest he lose the life of grace. Sometimes the harm is foreseen, but not intended; for instance, when a man takes a short cut through a field, the result being that he knowingly injures the growing crops, although his intention is not to do this harm, but to commit fornication. If, on the other hand, this harm is directly consequent to the sinful act, although perhaps it be neither foreseen nor intended, then greater harm does not make greater sin, but, on the contrary, a graver sin calls for the infliction of a greater harm. www.ccel.org /ccel/aquinas/summa.FS_Q73_A8.html?bcb=0   (818 words)

liibulletin: People v. Hitchcock Under Penal Law § 260.10(1), such conduct is likely to result in harm to a child, and the evidence was sufficient to prove that Defendant was aware of that risk. A jury convicted Hitchcock of endangering the welfare of a child under Penal Law § 260.10(1), and the County Court, acting as an intermediate appellate court, affirmed. In order to establish this, the Court explicated, the prosecution must prove that a defendant knew that the conduct was likely to result in harm to a child, and that the harm was in fact likely to occur. www.law.cornell.edu /nyctap/comments/i02_0126.htm   (621 words)

Guide to Ethics Laws for State Officers & Employees There is, however, one exception to the general rule that the lobby law is stricter than the Penal Code: Under section 36.10(a)(5) of the Penal Code, there is an exception from the Penal Code prohibition on the acceptance of benefits for a gift, award, or memento that is required to be reported by a lobbyist. A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under [section 36.08] may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax-exempt charitable organization formed for educational, religious, or scientific purposes. Chapter 39 of the Penal Code contains several provisions prohibiting a public servant from using his or her official position in various ways for non-governmental purposes. www.ethics.state.tx.us /guides/G05o&e.htm   (4036 words)

Texas Criminal Lawyer - Texas Penal Code The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm... When this code or another penal law establishes a presumption with respect to any fact, it has the following consequences: (1) if there is sufficient evidence of the facts that give... Conduct is justified if: (1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly outweigh, according... law.onecle.com /texas/penal   (9470 words)

nycraig Defendants were arrested on May 7, 1985 and charged with the violation of trespass (Penal Law § 140.05) when they refused to leave the office of a United States Representative after conducting a peaceful demonstration in which they voiced their opposition to the policy of the United States in imposing an embargo of Nicaragua. In a nonjury trial, Rochester City Court rejected the defense of justification under Penal Law § 35.05(2), which, under certain circumstances, provides that conduct that would otherwise be illegal may be justified as necessary to avoid a greater evil. The court reasoned that Penal Law § 35.05(2) called for a subjective, state-of-mind standard of proof and that the only relevant question was whether a defendant's "intent or state of mind was such that it raises itself to the defense of justification". wings.buffalo.edu /law/bclc/web/nycraig.htm   (2242 words)

All About Assault - 2 It is incumbent upon the Crown to prove that the actual bodily harm was caused by the assault. There is also an aggravated form of this offence where if the accused wounds or inflicts grievous bodily harm to the victim with the intention of inflicting grievous bodily harm or preventing lawful apprehension the accused is guilty of an offence. An example of this is where the attacker places the victim in fear of being killed or suffering grievous bodily harm and the victim in an attempt to escape such violence jumps over the balcony of a unit. www.policensw.com /info/misc_gun/assault2.html   (1629 words)

The Right to Refuse Psychotropic Drugs Penal Code Section 1370(a)(2)(B)(ii)(I) requiring a court determination that the defendant lack capacity to consent; that the mental disorder requires treatment and that absent treatment, serious harm will result. Penal Code Section 1370(a)(2)(B)(ii)(II) requiring a court determination that the defendant is a danger to others and presents a “demonstrated danger” of inflicting substantial bodily harm on others. Penal Code Section 3500(c) defines a psychotropic drug as “any drug that has the capability of changing or controlling mental functioning or behavior through direct pharmacological action. www.pai-ca.org /PUBS/545501.htm   (3064 words)

Crime Scene Cleanup Directory - Blood - Death - Suicide   (Site not responding. Last check: 2007-10-09) The systematic study of the causes (aetiology), prevention, control, and penal responses to crime is called criminology. Criminalisation is intended as a pre-emptive, harm-reduction device, using the threat of punishment as a deterrent to those proposing to engage in the behaviour causing harm. Thus, the Hellenic laws (see Gagarin: 1986; and Garner: 1987) treated all forms of theft, assault, rape, and murder as private wrongs, and action for enforcement was up to the victim or their survivors (which was a challenge in that although there was law, there were no formalised courts in the earliest system). www.crime-scene-cleanup-directory.com   (3636 words)

SUNY Press :: Harm in American Penology It also analyzes the relationship between social problems and penal harm, such as poverty and crime during the twenty-year period of correctional expansion. The author argues that a careful review of proposals for expanded penal harm cannot be justified. Clear describes a new strategy for corrections based on his examination of the politics of social control and the growth in penal harm. www.sunypress.edu /details.asp?id=53046   (264 words)

CONSENTING ADULTS? At a time of dizzying penal change and volte-face (more prisons, and paradoxically less community) it becomes ever more important to situate individual policy texts on drugs in terms of political debate about punishment and public expressions of anxiety over crime rates. The probation officer may soon be faced with an offender unwilling at the very outset to attend, listen or change, and subsequently faced with the task of convincing outside treatment agencies that they should do something for an individual sentenced against their will to treatment as part of a new community punishment. As the Penal Affairs Consortium notes this may have the effect of compressing the tariff and limiting the available options for offenders. www.drugtext.org /library/articles/nine1.html   (2263 words)

National Case Law - The Prosecution v. Saric, Eastern Division of High Court (Third Chamber), 25 November 1994 of causing grievous bodily harm of such a grave nature as to constitute aggravated circumstances as defined by Section 246, cf Section 245 of the Penal Code, in that, in July and August 1993, in the Croatian prison camp of Dretelj, Bosnia, he twice dealt Omer Suta blows to the body and face. of causing grievous bodily harm of such a grave nature as to constitute aggravated circumstances as defined by Section 246, cf Section 245 of the Penal Code in that, at the beginning of August 1993, in the Croatian prison camp of Dretelj, Bosnia, he twice struck Alija Kunjaric in the back with a wooden stick. Under Section 73, paragraph 1, of the Penal Code, the Medico-Legal Council shall, if he is found guilty, recommend, as the most suitable measure, that he be placed in a mental hospital until such time as any sentence that may be handed down could be served". www.icrc.org /ihl-nat.nsf/0/9d9d5f3c500edb73c1256b51003bbf44?OpenDocument   (1051 words)

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