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9 results

  • Criminal behaviors and substance use disorder in psychiatric patients

  • Francesco Achilli, Silvia Leo, Beatrice Benatti, Alice Frediani, Maddalena Cocchi, Laura Molteni, Eleonora Piccoli, Monica Lana, Emma Lucchini, Dario Gobbo, Bernardo M. Dell’Osso
  • Journal:
    CNS Spectrums , First View
    Published online by Cambridge University Press:
    04 June 2024, pp. 1-8
    • Article
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  • Objective

    People with mental illness are overrepresented throughout the criminal justice system. In Italy, the Judicial Psychiatric Hospitals are now on the edge of their closure in favor of small-scale therapeutic facilities (REMS). Therefore, when patients end their duty for criminal behaviors, their clinical management moves back to the outpatient psychiatric centers. Elevated risks of rule-violating behavior are not equally shared across the spectrum of psychiatric disorders. To broaden the research in this area, we analyzed sociodemographic, clinical, and forensic variables of a group of psychiatric patients with a history of criminal behaviors, attending an outpatient psychiatric service in Milan, focusing on substance use disorder (SUD).

    Methods

    This is a cross-sectional single center study, conducted from 2020. Seventy-six subjects with a history of criminal behaviors aged 18 years or older and attending an outpatient psychiatric service were included. Demographic and clinical variables collected during clinical interviews with patients were retrospectively retrieved from patients’ medical records. Appropriate statistical analyses for categorical and continuous variables were conducted.

    Results

    Data were available for 76 patients, 51.3% of them had lifetime SUD. Lifetime SUD was significantly more common in patients with long-acting injectable antipsychotics therapy, a history of more than 3 psychiatric hospitalizations, and a history of previous crimes, particularly economic crimes. Additionally, this last potential correlation was confirmed by logistic regression.

    Conclusions

    Data emerging from this survey provide new information about offenders with lifetime SUD attending an Italian mental health service. Our preliminary results should be confirmed in larger sample sizes.

  • 1 - Analytical Framework

  • Ginevra Le Moli, Universiteit Leiden
  • Book:
    Human Dignity in International Law
    Published online:
    12 May 2022
    Print publication:
    25 November 2021, pp 15-49

  • Summary

    Chapter One is devoted to the clarification of the methodological structure. It characterizes the analytical framework developed to study the place of human dignity in international law introducing its four main components: (i) the definition of the concept of dignity and of the main analytical distinctions used in the study; (ii) the characterization of the processes of progressive recognition of human dignity in international law, which are referred to in this study as ‘constitutive stages’; (iii) an analytical cartography of different legal instruments, understood as specific ways of formulating a norm (principles, rights, obligations, crimes), on which the analysis of the legal expression of human dignity in international law is subsequently conducted; and (iv) the main overall narrative and argument regarding the place of human dignity in international law developed in the study.

Human Dignity in International Law
  • Ginevra Le Moli
  • Published online:
    12 May 2022
    Print publication:
    25 November 2021
  • Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

  • 2 - Venetian Crete

  • from Part I - Crete
  • Edited by Angeliki Lymberopoulou, The Open University, Milton Keynes
  • Book:
    Hell in the Byzantine World
    Published online:
    02 October 2021
    Print publication:
    17 September 2020, pp 60-116

  • Summary

    Charalambos Gasparis assesses the implications of the dissolution of the Orthodox ecclesiastical hierarchy in Venetian Crete and the influence this had on the imagery of Hell. He offers an overview of the continuities and novelties in the political, administrative, economical and ecclesiastical realm that shaped a society that produced numerous images of Hell. The study of the Cretan images of Hell has become essential for our understanding of social norms as well as the enforcement of Venetian penal law and the survival of Byzantine law on the island. By providing a detailed analysis of the organisation of the local Orthodox Church as well as a comparative analysis of offences, presented in both pictorial and textual form, as found in hitherto unpublished documents from the Venetian archives, where the social, economic and religious profile of the donors is also reflected, Gasparis correlates iconography to its social background and demonstrates how images can mirror aspects of the society that depicted Hell in their churches.

  • 2 - Venetian Crete: The Historical Context

  • from Part I - Crete
    • By
  • Edited by Angeliki Lymberopoulou, The Open University, Milton Keynes
  • Book:
    Hell in the Byzantine World
    Published online:
    02 October 2021
    Print publication:
    17 September 2020, pp 60-116

  • Summary

    Charalambos Gasparis assesses the implications of the dissolution of the Orthodox ecclesiastical hierarchy in Venetian Crete and the influence this had on the imagery of Hell. He offers an overview of the continuities and novelties in the political, administrative, economical and ecclesiastical realm that shaped a society that produced numerous images of Hell. The study of the Cretan images of Hell has become essential for our understanding of social norms as well as the enforcement of Venetian penal law and the survival of Byzantine law on the island. By providing a detailed analysis of the organisation of the local Orthodox Church as well as a comparative analysis of offences, presented in both pictorial and textual form, as found in hitherto unpublished documents from the Venetian archives, where the social, economic and religious profile of the donors is also reflected, Gasparis correlates iconography to its social background and demonstrates how images can mirror aspects of the society that depicted Hell in their churches.

Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950
  • Devin O. Pendas
  • Published online:
    11 September 2020
    Print publication:
    24 September 2020
  • Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.

  • 1 - Punishment and Reparation

  • Miriam Cohen, Université de Montréal
  • Book:
    Realizing Reparative Justice for International Crimes
    Published online:
    16 June 2020
    Print publication:
    02 July 2020, pp 12-51

  • Summary

    Chapter 1 provides an overview of different theories of justice and how they can inform the development of a civil dimension of international criminal law. This chapter also traces the evolution of different dichotomies of the legal duty to provide reparations and the right to reparation: from perspectives of state versus state, to state versus individual, to individual versus individual. It also outlines the development of a duty to repair for individual perpetrators alongside states’ duty to repair. This introductory chapter thus provides the theoretical foundation that supports the analysis in the following chapters and it sets out the main themes that are discussed throughout the book. This chapter also lays out and discusses some challenges and counterarguments to the inclusion of a reparative dimension to international criminal justice from a theoretical perspective. Finally, this chapter draws on the enlightening jurisprudence of the Inter-American Court of Human Rights.

  • Penal Law in the Roman Catholic Church

  • Rafael Domingo
  • Journal:
    Ecclesiastical Law Journal / Volume 20 / Issue 2 / May 2018
    Published online by Cambridge University Press:
    08 May 2018, pp. 158-172
    Print publication:
    May 2018

  • This article provides a general account of the universal law of sanctions in the Roman Catholic Church. The crisis of the Catholic Church caused by clergy sexual abuse of minors has revealed, among other things, the widespread well-intentioned but naïve inclination to resort to penal law as opposed to any theology of mercy and forgiveness. Although the author argues that penal law has a proper place in the Catholic Church, he considers that in a voluntary community that shares a homogeneous system of moral values without strong penalties involving deprivation of liberty – a community like the Catholic Church – moral and administrative sanctions could be more effective than penal sanctions. A distinction between administrative sanctions and penal sanctions, and therefore between administrative tribunals (should they be established) and penal tribunals, is highly recommended.

  • SOVIET GENOCIDE TRIALS IN THE BALTIC STATES: THE RELEVANCE OF INTERNATIONAL LAW

  • Rytis Satkauskas
  • Journal:
    Yearbook of International Humanitarian Law / Volume 7 / December 2004
    Published online by Cambridge University Press:
    31 January 2007, pp. 388-409
    Print publication:
    December 2004

  • After regaining independence following the 1991 collapse of the Soviet Union, Lithuania, Latvia and Estonia vowed to prosecute those who took part in the Soviet repressions that followed the annexation of these countries in 1940. Over a dozen ex-agents have since been tried. Officials in the Baltic States insist they are seeking long overdue justice and shedding light on some of the worst human rights abuses of the 20th century. This paper is principally concerned with genocide as a legal norm. It examines whether the indictments of the courts of the three Baltic republics for the crime of genocide, as it is described in their national statutes, correspond with the definition provided by international law. The paper avoids qualifying the Soviet occupation regime; instead, the emphasis is on the progress made by legislators of the Baltic countries in defining the crime of genocide and the application of those definitions by national courts.