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This book reveals little-known facets on the history of homosexuality in Switzerland. Itis based on a detailed analysis of the revision of criminal law in sexual matters, thediscourse of groups of key actors (lawyers, police officers, psychiatrists, theologians,homosexuals), as well as the influences of debates in the United States, Germanyand France between the end of the Second World War and the 1990s.
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Peint en 1808 pour une salle d’audience du Palais de Justice de Paris, le tableau de Pierre-Paul Prud’hon, La Justice et la Vengeance divine poursuivant le Crime, a toujours été considéré comme un chef-d’œuvre du romantisme français, mais a rarement été étudié sous l’angle de l’histoire du droit pénal. Pourtant, les débats contemporains autour de la question du libre arbitre jouèrent un rôle fondamental dans le choix de son iconographie. Selon la conception invoquée par Prud’hon, l’homme agissant librement est pleinement responsable de ses actes, y compris de ses crimes – responsabilité qui confère au législateur le droit moral de fixer des sanctions, même sévères. Les réflexions d’Emmanuel Kant revêtent dans ce contexte une importance majeure. Prud’hon en eut probablement connaissance par l’intermédiaire du commanditaire du tableau, Nicolas-Thérèse-Benoît Frochot, préfet du département de la Seine, auquel est attribuée ici la paternité du programme iconographique. À travers la présente monographie, Thomas Kirchner montre combien cette célèbre peinture est l’exact reflet des discussions juridiques et philosophiques qui animèrent la France révolutionnaire, et donnèrent naissance au nouveau Code pénal et à un nouveau Code d’instruction criminelle. Das von Pierre-Paul Prud’hon 1808 für einen Gerichtssaal des Pariser Palais de Justice angefertigte Gemälde La Justice et la Vengeance divine poursuivant le Crime wurde schon immer als ein Hauptwerk der französischen Romantik betrachtet, selten jedoch auf seinen rechtsgeschichtlichen Kontext befragt. Dabei spielten die zur Zeit seiner Entstehung geführten Diskussionen um den freien Willen des Menschen eine grundlegende Rolle für seine ikonografische Wahl. Prud’hon setzt sich darin mit der Auffassung auseinander, dass der frei handelnde Mensch voll für seine Taten, auch die Verbrechen, verantwortlich ist, was wiederum dem Gesetzgeber das moralische Recht einer selbst harten Bestrafung gibt. In diesem Zusammenhang waren die…
Penal Code. --- Code pénal --- histoire de l’art --- jurisprudence --- peinture --- romantisme --- Justice in art --- Revenge in art --- Crime in art --- Law --- Prud'hon, Pierre Paul, - 1758-1823. - Divine justice and vengeance pursuing crime --- Prud'hon, Pierre-Paul, - 1758-1823 --- Criminology. Victimology --- Iconography --- Painting --- criminology --- law [discipline] --- iconography --- easel paintings [paintings by form] --- Prud'hon, Pierre-Paul
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'Disaffected' examines the effects of antisedition law on the overlapping public spheres of India and Britain under empire. After 1857, the British government began censoring the press in India, culminating in 1870 with the passage of Section 124a, a law that used the term 'disaffection' to target the emotional tenor of writing deemed threatening to imperial rule. As a result, Tanya Agathocleous shows, Indian journalists adopted modes of writing that appeared to mimic properly British styles of prose even as they wrote against empire. Agathocleous argues that Section 124a, which is still used to quell political dissent in present-day India, both irrevocably shaped conversations and critiques in the colonial public sphere and continues to influence anticolonialism and postcolonial relationships between the state and the public.
Political alienation --- Sedition --- Politics and culture --- Censorship --- Book censorship --- Books --- Literature --- Literature and morals --- Anticensorship activists --- Challenged books --- Expurgated books --- Intellectual freedom --- Prohibited books --- Culture --- Culture and politics --- Freedom of speech --- Political crimes and offenses --- Subversive activities --- Alienation (Social psychology) --- Political psychology --- History --- Law and legislation --- Political aspects --- Indian penal code, Imperial Law, Affect and empire, Censorship and empire, Law and literature. --- Section124a.
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We are often told that the Victorians were far less violent than their forbears: over the course of the nineteenth century, violent sports were mostly outlawed, violent crime, including homicide, notably declined, and punishments were hidden from public view within prison walls. They were also much more respectable, and actively sought orderly, uplifting, domestic and refined pastimes. Yet these were the very same people who celebrated the exceptionally violent careers of anti-heroes such as the brutal puppet Punch and the murderous barber Sweeney Todd. By drawing attention to the wide range of gruesome, bloody and confronting amusements patronised by ordinary Londoners this book challenges our understanding of Victorian society and culture. From the turn of the nineteenth century, graphic, yet orderly, 're-enactments' of high level violence flourished in travelling entertainments, penny broadsides, popular theatres, cheap instalment fiction and Sunday newspapers.
Violence in popular culture --- Theater --- Amusements --- History --- London (England) --- Social life and customs --- Edward Lloyd. --- Great Reform Act. --- cheap instalment fiction. --- industrial revolution. --- nineteenth-century London. --- penal code. --- penny novelettes. --- popular crime literature. --- popular entertainment. --- scaffold culture. --- sensational periodicals. --- social tensions. --- traditional amusements. --- urbanisation. --- violent Victorians.
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Six compelling histories of youth crime in the twentieth century Ages of Anxiety presents six case studies of juvenile justice policy in the twentieth century from around the world, adding context to the urgent and international conversation about youth, crime, and justice. By focusing on magistrates, social workers, probation and police officers, and youth themselves, editors William S. Bush and David S. Tanenhaus highlight the role of ordinary people as meaningful and consequential historical actors. After providing an international perspective on the social history of ideas about how children are different from adults, the contributors explain why those differences should matter for the administration of justice. They examine how reformers used the idea of modernization to build and legitimize juvenile justice systems in Europe and Mexico, and present histories of policing and punishing youth crime. Ages of Anxiety introduces a new theoretical model for interpreting historical research to demonstrate the usefulness of social histories of children and youth for policy analysis and decision-making in the twenty-first century. Shedding new light on the substantive aims of the juvenile court, the book is a historically informed perspective on the critical topic of youth, crime, and justice.Six compelling histories of youth crime in the twentieth century Ages of Anxiety presents six case studies of juvenile justice policy in the twentieth century from around the world, adding context to the urgent and international conversation about youth, crime, and justice. By focusing on magistrates, social workers, probation and police officers, and youth themselves, editors William S. Bush and David S. Tanenhaus highlight the role of ordinary people as meaningful and consequential historical actors. After providing an international perspective on the social history of ideas about how children are different from adults, the contributors explain why those differences should matter for the administration of justice. They examine how reformers used the idea of modernization to build and legitimize juvenile justice systems in Europe and Mexico, and present histories of policing and punishing youth crime. Ages of Anxiety introduces a new theoretical model for interpreting historical research to demonstrate the usefulness of social histories of children and youth for policy analysis and decision-making in the twenty-first century. Shedding new light on the substantive aims of the juvenile court, the book is a historically informed perspective on the critical topic of youth, crime, and justice.
Juvenile delinquents. --- Juvenile delinquency --- Juvenile justice, Administration of --- Juvenile justice, Administration of. --- History. --- Beazley. --- Bulger. --- Central Park Five. --- Juvenile Morality Squad. --- League of Nations. --- Montreal Miracle. --- State Security Court. --- Tocqueville. --- Tsarnaev. --- West Memphis Three. --- arrest rates. --- caseworkers. --- child-savers. --- children and crime. --- citizenship. --- crime prevention. --- delinquency. --- democratization. --- endogenous. --- estudio social. --- exogenous. --- juvenile delinquency. --- juvenile delinquents. --- juvenile justice. --- liberté surveillée. --- masheha. --- moral panic. --- mudirs. --- penal code. --- policing. --- probation. --- social class. --- social history of crime. --- social workers. --- soft authority. --- soft power. --- super-predators. --- supervised freedom. --- westernization. --- youth and crime.
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In 1857, a group of young people who had participated in an orgy in a private mansion was sentenced for contempt of public decency (outrage public à la pudeur) because a voyeur was able to watch them through a keyhole. For Marcela Iacub, the crux of such cases hinges on where the public ends and the private begins, and what one can reveal, and what one ought to hide. Today, the term pudeur has disappeared from the French penal code to be replaced by Sex. But, far from being an epic story of hard-won freedom, Iacub demonstrates that the transformation techniques used by the State in the last two centuries have rendered sexuality into a spectacle and have conditioned our spaces, our clothes, our comportment and even some of our mental illnesses. In so doing, Iacub offers us a politico-legal history of the gaze.
Sex and law. --- Indecent exposure. --- Indecent exposure --- Sex and law --- Exposure of person --- Exhibitionism --- Sex crimes --- Law and sex --- Sex --- History --- History. --- Law and legislation --- 1800-2099 --- France. --- Bro-C'hall --- Fa-kuo --- Fa-lan-hsi --- Faguo --- Falanxi --- Falanxi Gongheguo --- Faransā --- Farānsah --- França --- Francia (Republic) --- Francija --- Francja --- Francland --- Francuska --- Franis --- Franḳraykh --- Frankreich --- Frankrig --- Frankrijk --- Frankrike --- Frankryk --- Fransa --- Fransa Respublikası --- Franse --- Franse Republiek --- Frant︠s︡ --- Frant︠s︡ Uls --- Frant︠s︡ii︠a︡ --- Frantsuzskai︠a︡ Rėspublika --- Frantsyi︠a︡ --- Franza --- French Republic --- Frencisc Cynewīse --- Frenska republika --- Furansu --- Furansu Kyōwakoku --- Gallia --- Gallia (Republic) --- Gallikē Dēmokratia --- Hyãsia --- Parancis --- Peurancih --- Phransiya --- Pransiya --- Pransya --- Prantsusmaa --- Pʻŭrangsŭ --- Ranska --- República Francesa --- Republica Franzesa --- Republika Francuska --- Republiḳah ha-Tsarfatit --- Republikang Pranses --- République française --- Tsarfat --- Tsorfat --- Γαλλική Δημοκρατία --- Γαλλία --- Франц --- Франц Улс --- Французская Рэспубліка --- Францыя --- Франция --- Френска република --- פראנקרייך --- צרפת --- רפובליקה הצרפתית --- فرانسه --- فرنسا --- フランス --- フランス共和国 --- 法国 --- 法蘭西 --- 法蘭西共和國 --- 프랑스 --- France (Provisional government, 1944-1946) --- Farans --- Frant͡ --- Frant͡s Uls --- Frant͡sii͡ --- Frantsuzskai͡a Rėspublika --- Frantsyi͡ --- Pʻŭrangs --- French Penal Code of 1810. --- chaste nudity. --- gaze. --- interior publicity. --- keyhole. --- liability. --- limit visibility. --- live nudity. --- private spaces. --- public space. --- publicity. --- rules for sex. --- sexual exhibitionism. --- unchaste sexuality. --- wall of modesty.
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The complicated relationship between defendants with mental health disorders and the criminal justice system The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.
Forensic psychiatry --- Mentally ill offenders --- Insanity defense --- Insanity (Law) --- Legal status, laws, etc. --- American Law Institute Model Penal Code test. --- Boston Marathon Bombing. --- Clark v. Arizona. --- Colorado v. Connelly. --- Cooper v. Oklahoma. --- Drope v. Missouri. --- Durham rule. --- Dusky v. United States. --- Elizabeth Smart Kidnapping. --- Foucha v. Louisiana. --- Gabrielle Giffords Shooting. --- Godinez v. Moran. --- Indiana v. Edwards. --- Jackson v. Indiana. --- Jones v. United States. --- Long Island Rail Road Shooter. --- Medina v. California. --- Miranda rights. --- Miranda v. Arizona. --- Montana v. Egelhoff. --- Pate v. Robinson. --- Sandy Hook Elementary School Shooter. --- Sell v. United States. --- The Unabomber. --- Virginia Tech Shooter. --- abolition of the insanity defense. --- absence at trial. --- actus reus. --- amnesia. --- antisocial personality disorder. --- assessing malingering. --- automatic commitment. --- battered spouse/child defense. --- bipolar disorders. --- bona fide doubt. --- broken window approach. --- burden of proof. --- categorical incompetence. --- clear and convincing evidence. --- clinical mental health evaluations and treatment. --- competence to confess. --- competence to plead guilty. --- competence to represent oneself. --- competence to testify. --- competence to waive the right to an attorney. --- competency to stand trial. --- conditional release and release revocations. --- consult with assist attorney. --- correctional facility evaluations. --- correctional facility placements. --- criminal justice system alternatives. --- criminal justice system. --- criminal proceedings. --- criminal trial proceedings. --- crisis intervention teams. --- de facto mental health care system. --- deific decree defense. --- demeanor at trial. --- depressive disorders. --- dissociative disorders. --- evaluation locations. --- evaluator qualifications. --- fair and just trials. --- federal test. --- forensic mental health assessment process. --- forensic mental health assessments. --- forensic mental health evaluations. --- functional test. --- guilty but mentally ill verdict. --- history of irrational behaviour. --- impact of medication. --- impact of mental disorders. --- incompetent to stand trial. --- indefinite length of stay. --- indicators of malingering. --- initial evaluation request. --- insanity acquittee post-trial dispositions. --- insanity defense myths. --- insanity defense. --- irresistible impulse test. --- judicial hearings. --- justification versus excuse. --- law enforcement discretion. --- malingering. --- mental disorder myths. --- mental disorders and criminal behavior. --- mental disorders and violence. --- mental health courts. --- neurocognitive disorders. --- nonadversarial team approach. --- obsessive-compulsive disorders. --- obtaining experts for indigent defendant. --- outpatient community treatment. --- personality disorders. --- present mental capacity. --- presumption of incompetence. --- psychiatric facility placements. --- psychodynamic models. --- psychotic disorders. --- reporting requirements. --- right to a jury. --- risk assessments. --- scope of expert’s assistance. --- second evaluations. --- shifting/raising burden of proof. --- sleep-walking defense. --- standard of proof. --- standards for establishing competence. --- sua sponte. --- the insanity defense and variations. --- therapeutic jurisprudence. --- trauma and stressor-related disorders. --- treatment over objection.
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