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Volume 13
Issue 6
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Laws, Volume 13, Issue 6 (December 2024) – 5 articles

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11 pages, 206 KiB  
Article
To Impose or Not Impose Penalty Conditions Following Professional Misconduct: What Factors Are Cited by Three Professional Disciplinary Tribunals in New Zealand?
by Lois Surgenor, Kate Diesfeld, Marta Rychert, Olivia Kelly and Kate Kersey
Laws 2024, 13(6), 69; https://doi.org/10.3390/laws13060069 - 13 Nov 2024
Viewed by 398
Abstract
Profession-related disciplinary tribunals consider a range of factors when determining penalties following findings of professional misconduct. Penalties that impose conditions on practice hold the potential to facilitate practitioners’ rehabilitation back to safe practice. This study explores the use of penalty conditions by three [...] Read more.
Profession-related disciplinary tribunals consider a range of factors when determining penalties following findings of professional misconduct. Penalties that impose conditions on practice hold the potential to facilitate practitioners’ rehabilitation back to safe practice. This study explores the use of penalty conditions by three disciplinary tribunals in New Zealand (the Lawyers and Conveyancers Tribunal [LCDT]; the Health Practitioners Disciplinary Tribunal [HPDT]; and the Teachers Disciplinary Tribunal [TDT]). Disciplinary decisions published between 2018 and 2022 (N = 538) were analysed, coding the explicit reasons cited for imposing or not imposing conditions and if rehabilitation was cited as a penalty principle. Conditions were imposed in 58.6% of the cases, though tribunals varied. All of the tribunals commonly referred to the concepts of remorse/insight, or lack of it, as reasons for ordering or not ordering conditions, and they often considered the seriousness of the misconduct. Reasons for not ordering conditions were more varied between tribunals, as was citing rehabilitation as a penalty principle. The findings suggest that tribunals give substantial consideration to the decision of imposing conditions, drawing on both objective (e.g., past misconduct) and subjective (e.g., cognitive and psychological) phenomena. The reasons did align with concepts found in broad sentencing guidelines from some other jurisdictions (e.g., criminal justice response), though future research on defining and measuring these concepts may help understand their predictive and protective utility. Full article
28 pages, 456 KiB  
Article
Identity Theft: The Importance of Prosecuting on Behalf of Victims
by Christopher S. Kayser, Sinchul Back and Marlon Mike Toro-Alvarez
Laws 2024, 13(6), 68; https://doi.org/10.3390/laws13060068 - 7 Nov 2024
Viewed by 782
Abstract
Rates of victimization from identity theft continue to rise exponentially. Personally identifiable information (PII) has become vitally valuable data bad actors use to commit fraud against individuals. Focusing primarily on the United States and Canada, the objective of this paper is to raise [...] Read more.
Rates of victimization from identity theft continue to rise exponentially. Personally identifiable information (PII) has become vitally valuable data bad actors use to commit fraud against individuals. Focusing primarily on the United States and Canada, the objective of this paper is to raise awareness for those involved in criminal justice (CJ) to more fully understand potential life-changing consequences for those whose PII is used fraudulently. We examine the impact of crimes involving PII and the urgent need to increase investigations and legal proceedings for identity theft-related crimes. Referring to a National Crime Victimization Survey, we analyze why many victims of identity theft crimes resist notifying appropriate authorities. We also address why those within the CJ system are often reluctant to initiate actions against occurrences of identity theft. We provide insight into consequences experienced by identity theft victims, particularly if their PII is posted on the Dark Web, a threat that can exist into perpetuity. If rates of victimization from identity theft-based crimes are to decline, reporting of victimization must increase, and current legislation related to investigating and processing identity theft crimes must progress. Full article
(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)
19 pages, 365 KiB  
Article
The Legal Challenges of Realistic and AI-Driven Child Sexual Abuse Material: Regulatory and Enforcement Perspectives in Europe
by Katalin Parti and Judit Szabó
Laws 2024, 13(6), 67; https://doi.org/10.3390/laws13060067 - 30 Oct 2024
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Abstract
Although the escalation in online child sexual abuse material (CSAM) is not a novel problem, recent digital proliferation has brought about new alarming challenges in addressing the issue. CSAM poses significant risks to children and society in general, the most serious being the [...] Read more.
Although the escalation in online child sexual abuse material (CSAM) is not a novel problem, recent digital proliferation has brought about new alarming challenges in addressing the issue. CSAM poses significant risks to children and society in general, the most serious being the long-lasting harmful effects on depicted victims. The already distressing problem is exacerbated by the worldwide appearance and spread of AI-driven or virtual CSAM, as AI offers a fast and increasingly profitable means for the sexual exploitation of children. The paper aims to provide a comprehensive review of current legislative measures focusing the European Union for combating online CSAM. With a particular focus on AI-driven CSAM, we will systematically evaluate the effectiveness and applicability of these regulations in addressing virtual CSAM. The paper will conclude with policy recommendations to address identified gaps in the European legislative framework concerning virtual CSAM. Full article
(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)
13 pages, 227 KiB  
Article
Unjust Deprivation of Liberty During the Criminal Process: The Romanian National Standard Compared to the European Standard for the Protection of Individual Freedom in Judicial Proceedings
by Anca-Lelia Lorincz and Adriana Iuliana Stancu
Laws 2024, 13(6), 66; https://doi.org/10.3390/laws13060066 - 28 Oct 2024
Viewed by 462
Abstract
The provisions of international documents that guarantee the fundamental right to freedom and security are transposed into Romanian legislation both in the Constitution and in the Code of Criminal Procedure. In this context, the present study aims to analyze the national standard of [...] Read more.
The provisions of international documents that guarantee the fundamental right to freedom and security are transposed into Romanian legislation both in the Constitution and in the Code of Criminal Procedure. In this context, the present study aims to analyze the national standard of protection of individual freedom in judicial proceedings compared to the standard established by the Convention for the Protection of Human Rights and Fundamental Freedoms. Through documentation, interpretation, and scientific analysis as the main research methods, this paper emphasizes the possibility of establishing, through domestic legislation, a level of protection higher than that imposed by the conventional standard. From this perspective, by regulating a right to repair the damage suffered in the situation of unjust deprivation of liberty as a result of ordering a preventive measure, the national standard of protection established by the Romanian Code of Criminal Procedure is higher than the European standard. This study concludes with a proposal to expand the current procedural framework configured by the provisions of the Romanian Code of Criminal Procedure (with the amendments made in 2023) regarding the special procedure for repairing the damage suffered as a result of the illegal or unjust deprivation of liberty during the criminal process. Full article
(This article belongs to the Special Issue Disparities of Justice: Unequal Outcomes, Racial and Gender Bias, and Law in the Twenty-First Century)
16 pages, 1928 KiB  
Review
Religious Slaughter and Supranational Jurisprudence in the Context of Animal Welfare Science
by Michela Maria Dimuccio, Virginia Conforti, Gaetano Vitale Celano, Francesco Emanuele Celentano, Federico Ceci and Giancarlo Bozzo
Laws 2024, 13(6), 65; https://doi.org/10.3390/laws13060065 - 23 Oct 2024
Viewed by 540
Abstract
Within the European socio-cultural landscape, which is increasingly attuned to animal welfare concerns and characterized by growing multiculturalism, ritual slaughter has become a subject of considerable debate due to its legal, economic, and health implications. This debate is increasingly fueled by interventions by [...] Read more.
Within the European socio-cultural landscape, which is increasingly attuned to animal welfare concerns and characterized by growing multiculturalism, ritual slaughter has become a subject of considerable debate due to its legal, economic, and health implications. This debate is increasingly fueled by interventions by judicial bodies that, not infrequently, have filled protection gaps in legislation on the relationship between human rights and the treatment of animals. In this review, the authors aim to describe the evolutionary path of supranational jurisprudence in the case of religious slaughter, focusing on the most recent animal welfare decision rendered by the European Court of Human Rights (ECHR) on 13 February 2024. This innovative judgement, in line with other precedents, indicates the orientation of the international and European law, which, driven by public morality, is increasingly characterized by the compression of human rights in favor of animal interests. Full article
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