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An Examination Of The Influence Of Gender In Juvenile Offending, Patterns Of Crime, Sentencing And Public Opinion. An Exploratory Study Of Public Opinion On The Sentencing Of Male And Female Juvenile Offenders And An Examination Of The Respondents Gender, Sarah J. Welch

Theses : Honours

The aim of this literature review was to examine public perception of juvenile crimes, laws and sentencing practices to address whether the public were content with current punishments. It also observed the methodological issues with public opinion survey research to see whether these may influence the belief that the laws and sentencing practices were inconsistent with how the public wanted juveniles to be punished. The review also examined whether the gender of the juvenile offender influenced the types of crimes committed and the types of punishments sanctioned by the courts. Additionally, it observed whether the demographics of the respondent, victim …

The Whistleblower In The Workplace: The Influence Of The Personal Characteristics Of Individuals Who Have Blown The Whistle In One Australian Context, Sharan Kraemer

Theses: Doctorates and Masters

Whistleblowing is not a new phenomenon but recent technological advances, which make corrupt behaviour difficult to hide, have exposed whistleblowingg as a burgeoning problem on several levels: international, national and local. Whistleblowing presents problems not only for the organisation which must deal with the offender, contain any damage to its reputation and manage the problems that enabled the corrupt behaviour in the first place; but it presents problems for the whistleblower. While ultimately an organisation may benefit from a whistleblower's action, the whistle blower's journey is rarely without sacrifices. Individual whistleblowers must call upon personal strengths to report misconduct despite …

Conceptual Hurdles To The Application Of Atkins V. Virginia, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

The Two Faces Of Justice In The Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining And The Inquisitorial Legacy, Stephen C. Thaman

All Faculty Scholarship

This essay focuses on adversary procedure, plea-bargaining, and jury trial in the 1991 Concept of Judicial Reform of the Russian Republic. It discusses the impact of these reforms and assesses whether they have led to an improvement in the quality of evidence presented to the trier of fact, liberation of the trial and appellate judges from the juggernaut of hierarchical Soviet ‘crime control’ policies, and the development of a culture where acquittals of guilty and innocent will be tolerated when the evidence lacks credibility or is insufficient to constitute proof beyond a reasonable doubt.

Jury Trial And Adversary Procedure In Russia: Reform Of Soviet Inquisitorial Procedure Or Democratic Window-Dressing?, Stephen C. Thaman

All Faculty Scholarship

A new adversary system of jury trial was introduced in 1993-1994, and the rights to jury trial, adversary procedure, the presumption of innocence, and the mandatory exclusion of illegally gathered evidence were incorporated into the new Constitution of the Russian Federation in December of 1993. The new Criminal Procedure Code of the Russian Federation, passed in December 2001, led to the extension of jury trial to the entire country with the exception of the Republic of Chechnia in 2003-2004.

This chapter explores the extent to which the Russian jury system and adversary procedure have humanized criminal procedure, and concludes that …

A Better Approach For Balancing Authority And Accountability In Shareholder Derivative Litigation, Ann M. Scarlett

All Faculty Scholarship

Corporations present an interesting illustration of the authority versus accountability dilemma. Shareholders elect the directors of the corporation and the law vests those directors with almost unlimited authority to manage the corporation. Yet, shareholders have few effective means for holding directors accountable for their decisions other than through shareholder derivative litigation. In such litigation, the business judgment rule serves as the mechanism by which courts attempt to balance directors' authority to make decisions for the corporation against shareholders' right to hold directors accountable for those decisions.

As this Article discusses, numerous theories exist as to the proper formulation of the …