Suchergebnisse

The use of expressions femicide and feminicide, mainly developed by academics in the sociological and anthropological fields as well as by feminist activists, have become frequent in the areas of law and public policy in Latin American countries. This article seeks to analyse the challenges currently faced regarding the interpretation and application of these new criminal offences in various countries, considering the strong questioning they have often received from the criminal law field. For this purpose, the article analyses briefly the origin and development of the expressions of femicide/feminicide, are as well as the main characteristics and problems of the new crimes and their incipient legal interpretation and application. ; L'uso dei termini femicidio/femminicidio, elaborati principalmente da studiosi negli ambiti della sociologia e dell'antropologia, così come da militanti femministe, è divenuto frequente nei paesi dell'America Latina in materia di diritto e politica pubblica. L'articolo intende analizzare le attuali sfide da affrontare relativamente all'interpretazione e all'applicazione di questi nuovi delitti in diversi paesi, tenendo in considerazione il dibattito accesosi in ambito penale. In tal senso, l'articolo analizza brevemente le origini e lo sviluppo dei termini femicidio/femminicidio unitamente alle caratteristiche essenziali e alle problematiche poste da queste nuove fattispecie criminose. ; L'utilisation du mot féminicide (en anglais : femicide et feminicide), développé principalement par des scientifiques dans les domaines de la sociologie et de l'anthropologie ainsi que par les militantes féministes, est devenue fréquente dans les pays d'Amérique latine en matière de loi et de politique publique. Cet article vise à analyser les défis actuels relatifs à l'interprétation et à l'application de ce nouveau délit dans plusieurs pays, compte tenu de la série de questions posées à son égard dans le domaine pénal. Dans ce but, l'article analyse brièvement les origines et le développement de ce mot féminicide ainsi que les caractéristiques essentielles et les problèmes posés par ce nouveau délit.

The misuse of pharmaceuticals and 'new and emerging drugs' (NEDs), also referred to as legal highs, herbal highs, herbal ecstasy and synthetic cannabis, has recently caught the media and public's attention. As a result, Australian parliaments have responded by attempting to once again address the ever-evolving drug industry. The Queensland parliamentary response is wide-reaching and includes amendments which pre-empt future developments in the illicit drug industry by prescribing existing drugs that are yet to come to the attention of the legislature, and yet to be developed 'drug-like' substances. This paper will critically analyse Queensland's analogue provisions and compare them with the legislative responses of other jurisdictions.

In India, as in different traditional cultures, women have been and still are treated in a number of inhumane ways. They are controlled, prone to assault and abuse and risk rape not only outside but within their own homes. Moreover, marital rape is not considered a crime in India. The article attempts to analyse Indian rape laws and to show that exemption for marital rape does not align with the fundamental principles of justice and equality, which is the basic feature of the Indian Constitution. The article argues that the exemption clause should be repealed, and marital rape be criminalised. The article further discusses the approach of the Indian judiciary towards the issue of criminalisation of marital rape.

'Criminalisation' has attracted considerable scholarly attention in recent years, much of it concerned with identifying the normative limits of criminal law-making. Starting from the position that effective theorisation of the legitimate uses of criminalisation as a public policy tool requires a robust empirical foundation, this article introduces a novel conceptual and methodological approach, focused on recognising a variety of modalities of criminalisation. The first part of this article introduces and explains the modalities approach we have developed. The second part seeks to demonstrate the utility of a modalities approach by presenting and discussing the findings of a pilot study of more than 100 criminal law statutes enacted in three Australian jurisdictions (New South Wales, Queensland and Victoria) between 2012 and 2016. We conclude that a modalities approach can support nuanced examination of the multiple ways in which adjustments to the parameters of criminalisation are effected. We draw attention to the complexity of the phenomenon of criminalisation, and highlight the need for further quantitative and qualitative work that includes longer-term historical analysis.

Making sense of intimate partner violence has long been seen through the lens of coercive control. However, despite the longstanding presence of this concept, it is only in recent years that efforts have been made to recognise coercive control within the legal context. This article examines the extent to which the law per se has the power, or indeed the capacity, to respond to what is known about coercive control. To do so, it charts the varied ways in which coercive control has entered legal discourse in different jurisdictions and maps these efforts onto what is evidenced about the nature and extent of coercive control in everyday life. This article then places the legal and the everyday side by side and considers the unintended consequences of 'coercive control creep'. In conclusion, it is suggested that the criminalisation of coercive control only serves to fail those it is intended to protect.