The US Army war crimes trials held in Manila from 1945 to 1947 prosecuted around 200 Japanese military personnel for war crimes committed against US prisoners of war and Filipino non-combatants. ...Japanese defendants attempted to argue, with little success, that the defence of superior orders justified their actions. General Douglas MacArthur (Supreme Commander for the Allies in the Pacific or SCAP) was adamant that superior orders would not serve to excuse alleged Japanese war criminals from war crimes. What is clear from the trial documents and other archival material from Manila is that not all sections of the prosecution agreed with MacArthur's interpretation of the law. However, it seems as though MacArthur's pronouncement in relation to the application of superior orders may have had a profound impact on not only the Manila trials, but also with subsequent trials in World War II and beyond. This article explores the various arguments in relation to superior orders emanating from the US Army trials in Manila. The trials in Manila show that the rejection of superior orders as a defence in war crimes offered a reasonable foundation and precedent for how subsequent courts and tribunals evaluated the defence of superior orders within the context of war crimes jurisprudence.
When the coronavirus pandemic (COVID-19) struck in early 2020, the Commonwealth government eased reporting deadlines and extended the date for firms required to submit modern slavery statements under ...Australia's 'Modern Slavery Act 2018' (Cth). The economic recession caused by COVID-19 has produced the necessary conditions for further exploitation and enslavement of vulnerable individuals. This article asserts that, even without COVID-19, the 'Modern Slavery Act 2018' (Cth) in its current form will do little to address forms of modern slavery such as sexual exploitation, forced marriage, trafficking and domestic servitude. This is because the 'Modern Slavery Act 2018' (Cth) primarily targets labour exploitation and requires suppliers to voluntarily disclose their involvement with modern slavery.
Abstract
The US Army war crimes trials held in Manila from 1945 to 1947 prosecuted around 200 Japanese military personnel for war crimes committed against US prisoners of war and Filipino ...non-combatants. Japanese defendants attempted to argue, with little success, that the defence of superior orders justified their actions. General Douglas MacArthur (Supreme Commander for the Allies in the Pacific or SCAP) was adamant that superior orders would not serve to excuse alleged Japanese war criminals from war crimes. What is clear from the trial documents and other archival material from Manila is that not all sections of the prosecution agreed with MacArthur’s interpretation of the law. However, it seems as though MacArthur’s pronouncement in relation to the application of superior orders may have had a profound impact on not only the Manila trials, but also with subsequent trials in World War II and beyond. This article explores the various arguments in relation to superior orders emanating from the US Army trials in Manila. The trials in Manila show that the rejection of superior orders as a defence in war crimes offered a reasonable foundation and precedent for how subsequent courts and tribunals evaluated the defence of superior orders within the context of war crimes jurisprudence.
The article investigates ex-convicts' experiences of stigmatization and its effect on their well-being in selected prisons in Ghana. Qualitative data was collected from 20 male inmates who, after ...residing for a time in the community, were thereafter reincarcerated. Findings indicate that these men were subjected to stigmatization and degrading treatment in the community, which limited their chances of securing lawful employment, establishing romantic relationships, and even maintaining platonic and family ties. As a result, this negatively impacted upon their mental well-being, leading some to substance abuse and suicide ideation. The article thereafter discusses policy and future research implications that arise from these findings.
Purpose
The recent COVID-19 crisis has been followed by an epidemic of fraud. This study aims to evaluate cases of COVID-19-related fraud to identify cognitive heuristics that influence ...decision-making under the pressure of crisis conditions.
Design/methodology/approach
An analysis of fraud advisories and cases relating to COVID-19 is conducted and matched against various types of cognitive heuristics to explain their influence on victims of crisis fraud.
Findings
The affect, availability, cue-familiarity, representativeness and scarcity heuristics are identified and explained to have a substantial influence on risk evaluations of crisis fraud.
Originality/value
The findings from this study can help individuals avoid fraud victimisation by helping them understand psychological vulnerabilities that they may be unaware of under the pressure of crisis conditions.
This article explores the decision making processes involved when Chinese international students' (CIS) decide whether or not to gamble, as well as the impact that such behaviour have on the ...construction of their identities in a new sociocultural environment. Two waves of narrative interviews were conducted with 15 CIS who self-reported as having gambling problems at the time of interview, or at some stage in their lives but had since recovered. The findings revealed that pre-existing beliefs and experiences, and various cultural schemas were closely linked to the participants' decision making processes. The findings also showed that the participants' sense of self-worth and self-respect became compromised as a result of their problematic gambling. The participants assigned to themselves extremely negative self-images, for example, 'unfilial', 'unworthy', 'worthless', 'prisoner', 'a burden', 'hopeless' and so on, that dominated their whole sense of self. Author abstract
When the coronavirus pandemic (COVID-19) struck in early 2020, the Commonwealth government eased reporting deadlines and extended the date for firms required to submit modern slavery statements under ...Australia's 'Modern Slavery Act 2018' (Cth). The economic recession caused by COVID-19 has produced the necessary conditions for further exploitation and enslavement of vulnerable individuals. This article asserts that, even without COVID-19, the 'Modern Slavery Act 2018' (Cth) in its current form will do little to address forms of modern slavery such as sexual exploitation, forced marriage, trafficking and domestic servitude. This is because the 'Modern Slavery Act 2018' (Cth) primarily targets labour exploitation and requires suppliers to voluntarily disclose their involvement with modern slavery.
Attention-Deficit Hyperactivity Disorder (ADHD) is a neurodevelopmental disorder that presents in approximately 5% of children and 2.5% of adults. It is characterised by a range of behaviours that ...represent the extreme and problematic ends of the spectrums of inattention and/or hyperactivity/impulsivity across life contexts. The disorder generally presents during childhood and is highly heritable. A variety of genetic/biological liabilities are associated with ADHD. The interaction between these liabilities and suboptimal environmental experiences further increases the likelihood of problematic ADHD symptoms occurring. Especially when untreated, those with ADHD face a disproportionately high risk of calamitous life outcomes. One such potential trajectory is juvenile and/or adult criminal offending. Those with ADHD have been found to be five times more prevalent in juvenile detention settings and ten times more prevalent in adult prisons than they are in the general population. Despite this, ADHD is rarely given serious consideration when it comes to youth and criminal justice policy development and review. We contend that this is a colossal oversight. This oversight is, at least in part, likely due to the ill-informed controversy about the nature of ADHD and its treatment. In this article, we attempt to demystify some of these controversies. We also explain why those with ADHD are overrepresented in youth and criminal justice offender populations. Finally, we put forward ideas aimed at optimally addressing this overrepresentation and its impact on society.
Individuals with Attention Deficit Hyperactivity Disorder (ADHD) are highly overrepresented in criminal offender populations. Those with ADHD present with problematic and excessive levels of ...inattention, and/or hyperactivity and impulsivity. It is generally accepted that self-control difficulty is a core vulnerability for those with ADHD. A lack of appropriate self-control has long been recognised across disciplines to be an important influencing factor on the commission of crime. Historically, the occurrence of pervasively low-self-control within an individual has been seen to be principally influenced by social and environmental factors. Up-to-date research and understanding, however, shows that variability in self-control is heavily biologically/genetically derived. This article offers an integrated medical paediatric, psychological, and criminological perspective on ADHD and its impact on criminal justice outcomes. We argue that crime prevention and/or ADHD symptom management strategies that have been ignorant of this understanding are inadequate and may have unintentionally worked to the detriment of those with ADHD. We propose that a more comprehensive and applied understanding as to the origins of pervasive self-control difficulties in policy and practice is necessary to reduce the overrepresentation of those with ADHD in criminal and youth justice offender populations.
PDF
