Strong emotions are among others manifested in the expressive movements (facial expression). Facial expressions are natural and universal by nature. They do not depend on ethnicity, culture, social ...status, age, etc. Nonetheless, humans are sometimes capable of controlling their facial expressions and hiding their emotions. Simulating emotions is a fundamental acting skill. However, controlling facial impressions takes time. The onset of such a control is delayed by anything from 0.25 to even 0.1 second – the period when the authentic facial expression, adequate to the emotion is demonstrated – and therefore remains imperceptible to an external observer. This short-lived facial expression observed in that short meantime is known as microexpression. FaceReader, designed by Dutch company Noldus (established and directed by Professor Lucas Noldus), is a software package for automatic recognition and analysis of facial expression. As its diagnostic value for validity as well as reliability, that is the level of correct indications, remains unknown, we decided to determine it experimentally and have chosen to run an experiment comparing its diagnostic value with that of a traditional polygraph examination.
Providing an unprecedented analysis of the national and European legislation on organized crime, this volume examines the policies and instruments involved. Highlights include inconsistencies in ...national approaches and issues with legal instruments.
It has become popular to identify a "consensus" on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it ...initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the "over" frame); and (2) the qualitative approach (what I call the "mass" frame). The "over" frame grows from a belief that criminal law has an important and legitimate function, but that the law's operations have exceeded that function. This critique assumes that there are optimal rates of incarceration and criminalization, but the current criminal system is suboptimal in that it has criminalized too much and incarcerated too many. In contrast, the "mass" frame focuses on criminal law as a sociocultural phenomenon. This reformist frame indicates that the issue is not a mere miscalculation; rather, reforms should address how the system marginalizes populations and exacerbates both power imbalances and distributional inequities. To show how these frames differ, this Article applies the "over" and the "mass" critique, in turn, to the maligned phenomena of mass incarceration and overcriminalization. The existing literature on mass incarceration and overcriminalization displays an elision between these two frames. Some scholars and reformers have adopted one frame exclusively, while others use the two interchangeably. No matter how much scholars and critics bemoan the troubles of mass incarceration and overcriminalization, it is hard to believe that they can achieve meaningful reform if they are talking about fundamentally different problems. While many scholars may adopt an "over" frame in an effort to attract a broader range of support or appeal to politicians, "over" policy proposals do not necessarily reach deeper "mass" concerns. Ultimately, this Article argues that a pragmatic turn to the "over" frame may have significant costs in legitimating deeper structural flaws and failing to address distributional issues of race, class, and power at the heart of the "mass" critique.
In this article, I consider the Australian criminal law reform campaign to abolish the partial defence of provocation. I argue that, while abolitionists were motivated by an admirable concern for ...equality, their proposal-which has now been adopted in many Australian jurisdictions-inadequately balanced the competing autonomy claims of victims on one hand and the accused on the other. Like the mid-twentieth-century English higher judiciary, abolitionists' hostility to the partial defence was too unqualified-and they placed too little emphasis on the interests of accused persons. That said, they were right to argue that liberal provocation law, by being too solicitous of the welfare of certain accused, had had deeply illiberal effects. If the criminal law is to be truly progressive, it must do what it can to achieve fairness for disfavoured minorities-including those accused of serious offending.
The work of law enforcement has always been appreciated differently by the community they serve. Where the sense of expediency and justice, as well as the pursuit of legal certainty, has resulted in ...community members seeking alternative ways to solve their problems as it is often believed that criminal cases are settled in a way that reflects injustice. Likewise, the settlement of Domestic Violence has been considered problematic in law enforcement due to the public's lack of its understanding as many believe it needs not to be settled in court as prescribed by Law No. 23/2004 on the Elimination of Domestic Violence. To address this issue, the Minangkabau people rely on an ancestral philosophy known as "Basandi Syarak, Syarak Basandi Kitabullah, Sarak mangato adat mamakai" which means that custom is based on Islam, which, in turn, is based on the Qur'an. Under a restorative justice approach, this paper discusses the role of the Minangkabau Customary Criminal Law policy in the settlement of domestic violence. This is a socio-legal study drawing on primary data consisting of interviews with West Sumatran religious and traditional leaders. The study also relies on secondary sources consisting of publications, laws, and regulations dealing with the research issue. The study found that the Minangkabau customary criminal law policy is more focused on a non-judicial approach in the settlement of domestic violence.
I would step back a bit. If we consider the 1975 UN Declaration against Torture, adopted ten years before the United Nations Convention against Torture, we find that the General Assembly's resolution ...is not as state-centric as the treaty. The General Assembly adopts the Declaration 'as a guideline for all States and other entities exercising effective power'. So, the idea that torture is somehow, according to international law, only about state actors, or those that assist them or look like them, is not necessarily true. Right from the start, the idea was to change the behaviour of a wide range of entities. So, for me, there is nothing in the UN's approach that makes torture an exclusively statelike activity.
Criminal law, like other branches of law, is subject to the same moral principles, however, it is in criminal cases that a judge often resorts to ethical categories, since the type of punishment ...imposed may affect not only the restriction of the accused's fundamental rights and freedoms, but also the future security of society. The purpose of the Article is to analyse the phenomena of morality and law as related categories in the administration of justice in criminal cases, and the importance of maintaining a balance between them when assessing evidence and imposing punishment in order to render a fair and impartial court decision. Given the peculiarities of the goal, the author has chosen a systematic approach based on general scientific and special scientific research methods, including systemic and structural, formal legal, comparative legal and other methods. Based on the legal analysis of current Ukrainian case law, the author identifies the real ethical challenges, which a judge faces when considering criminal cases and how to overcome them, resulting in a moral and fair decision supported by the law. The author also focusses on the insufficient coverage of numerous moral challenges in criminal cases among Ukrainian judges and provides suggestions on possible measures to improve educational activities in this area.
International criminal law has witnessed a rapid rise after the end of the Cold War. The UN refers to the birth of a new 'age of accountability', but certain historical objections, such as ...selectivity or victor's justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored. Various critiques have emerged in socio-legal scholarship or globalization discourse, revealing that there is a stark discrepancy between reality and expectation. Linking discussion of legal theories, case-law and practice to scholarship and opinion, A Critical Introduction to International Criminal Law explores these critiques through five main themes at the heart of contemporary dilemmas:
• The shifting contours of criminality and international crimes
• The tension between individual and collective responsibility
• The challenges of domestic, international, hybrid and regional justice institutions
• The foundations of justice procedures
• Approaches towards punishment and reparation
Suitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law. This title is also available as Open Access on Cambridge Core.
