| 1. |
|
|
| 2. |
-
Sammanhållning eller splittring? : Olikgörande av barn och unga i samtidens Sverige
- 2024. - 1
-
Ingår i: Presented at Nationell konferens i offentlig rätt. Rätten i samhällsutveckling - den offentliga rättens utmaningar och möjligheter, Umeå, 22-23 maj, 2024. - Stockholm : Jure.
-
Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Något har hänt i svensk politik. De barnpolitiska förslagen haglar.Frågor om barn och unga har blivit heta. I det politiska samtalet ochpå nyheterna sammanförs barn och unga, migration och integration,brott och straff, förort och utanförskap på olika sätt. Samtidigt sombarns rättigheter har stärkts på flera sätt genom lagstiftning undersenare år, ser vi också att politiska förslag som rör barn allt oftare gårut på en sak: ökad social kontroll. Det gäller kanske särskilt de barnpolitiska förslag som rör migration och integration. Den här bokentar därför temperaturen på utvecklingen inom just dessa områden.Bokens fokus gör också att den säger något om den ökade politiseringen av barns integration och välfärd som vi ser i samtidens Sverige.I boken ger 19 författare exempel på de senaste årens förändringari lagstiftning och praktik som direkt eller indirekt riktar sig till utsatta grupper av barn och familjer med bakgrunder som inte är majoritetssvenska. Lästa tillsammans, skildrar författarnas olika bidrag enberättelse om en välfärdsstat i förändring. Det är en välfärdsstat somtydligare, och oftare, betonar exkludering framför inkludering utifrån ett synsätt där krav och kontroll leder till ordning och integrering. Det leder till den för samtiden kritiska frågan: Kan exkluderingav vissa barn och deras sociala kontexter leda till sammanhållning?
|
|
| 3. |
- Martinsson, Dennis, 1986-
(författare)
-
Go get 'em tiger! : When children are targeted by Criminal Law Policy not Social Law Policy
- 2024
-
Ingår i: Presented at The Stockholm Criminology Symposium, Stockholm, 10-12 June, 2024. - Stockholm : The Swedish National Council for Crime Prevention (Brå).
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- By drawing on Pierre Bourdieu’s view on the State, particularly the idea of the left hand and the right hand of the State, statutory reforms and policy in Sweden targeting youths committing crime will be analysed. While the left hand is constituted by, e.g., social welfare, education and health care, the right hand is constituted by, e.g., the justice system, the police and prisons. As will be discussed, one might argue that the handling of underage children committing crime have shifted from the left hand to the right hand of the State. In the Swedish context, it should be stressed that it is a continual development. One need to acknowledge that until the 1980s and 1990s, crime was generally framed as social problem with social causes. Since then, crime has been portrayed as a threat to the democratic society. More recently, on the policy level, crime is framed as a threat to the society and its functions. Consequently, criminal law policy is no longer viewed as a part of social policy. Instead, social policy has emerged as criminal law policy – but with other means. In other words, policies previously adopted within social law has shifted toward becoming criminal law. This particularly appears to be the case in adopted policy and statutory reforms concerning underage children. An illustrative example is the introduction of juvenile prisons for children between 15-17 years. The rationale behind the reform is that underage children committing crimes are a threat to us all, i.e., motivated by the “need to protect society”. This threat is deemed so severe that underaged children should be imprisoned. This marks a shift, since underage children committing crime previously have been handled within the Social Services, not the Swedish criminal justice system. Aside from elaborating the development outlined here, some tentative thoughts on possibilities and risks connected to the policies targeting underaged children will be discussed.
|
|
| 4. |
|
|
| 5. |
|
|
| 6. |
|
|
| 7. |
|
|
| 8. |
- Martinsson, Dennis, 1986-
(författare)
-
Om straffrättsvillfarelse
- 2016
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis examines mistake of law from a Swedish criminal law perspective. The research has two main objectives: (1) to analyse the Swedish provision on mistake of law, and (2) to explore and analyse how to distinguish between mistakes that are relevant for the application of the intent requirement and mistakes that are relevant for the application of the provision on mistake of law. Mistake of law is, in Swedish criminal law, considered as an exculpatory circumstance, which means that the actor is excused, even though he or she committed an unlawful deed. The provision on mistake of law is regulated in the Swedish Penal Code chapter 24 section 9. In order for the defendant to be excused, the provision states two preconditions: (i) it must be a case of a misapprehension, and (2) this misapprehension must be manifestly excusable. In this thesis, I scrutinise both of these preconditions. I argue that it is important to differ between whether it is a case of misapprehension and whether the misapprehension is manifestly excusable. When determining if the misapprehension is manifestly excusable or not, the defendant has traditionally been excused when the mistake typically is deemed to be exculpatory. However, due to the wordings of the provision on mistake of law, I argue that it is possible to excuse the defendant also in other situations than the traditional ones. Furthermore, when determining whether the misapprehension is manifestly excusable, the legal sources suggest that this is a form of a culpability requirement which basically means that the defendant is excused when he or she conducted some kind of investigation of whether a certain deed was lawful or not. According to the findings in this thesis, this can explain most – but not all – cases where the defendant is excused. This idea must, however, be supplemented with other reasons as to why the defendant is excused. Therefore, I suggest that there are situations where the defendant can be excused although he or she did not investigate the lawfulness of a certain deed. When exploring the difference between mistakes that are relevant for the application of the intent requirement and mistakes that are relevant for the application of the provision on mistake of law, it is important to note that such an analysis can only be fruitful if it focuses on certain preconditions in certain offences. Thus, this thesis discusses this matter by a range of selected offences where this distinction becomes more interesting than in relation to other offences. In this part, I stress that the design of the scope of the intent requirement will determine whether a mistake in relation to a certain precondition in a certain offence, will be treated as a mistake which is relevant to the application of the intent requirement or a mistake of law. Furthermore, I underpin that the intent requirement can be designed as more or less qualified, which means that the intent requirement sometimes is deigned in such a way that it is enough if the defendant’s intent covers the factual basis of the necessary precondition and sometimes is designed in such a way that the defendant’s intent must cover the correct (or nearly correct) conclusion that a certain deed, in legal terms, was unlawful. However, the scope of the intent requirement can only be determined by analysing each and every precondition in each and every offence. Thus, this cannot be determined by an overarching method.
|
|
| 9. |
- Martinsson, Dennis, 1986-
(författare)
-
Exoneration in Sweden : About time to reform the system?
- 2022
-
Ingår i: Stockholm Criminology Symposium. - Stockholm : The Swedish National Council for Crime Prevention (Brå). ; , s. 78-78
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Recently, several cases of wrongful convictions have been exposed in Sweden, highlighting flaws in the system. Two cases are noteworthy in this context. They illustrate e.g. that several applications for exoneration are necessary to be exonerated. The first case concerned a man who was convicted of killing a close friend. He was sentenced to fifteen years in prison. He had to apply two times for exoneration before the Supreme Court granted the application. At the new trial, he was acquitted. The second case concerned a man who was convicted for murder and he was sentenced to life imprisonment.Although his first and second application showed faults regarding the evidence, both applications were denied. In his third application, he made the same argument as before. This time the Supreme Court approved the application. After the new trial, he was acquitted. He spent thirteen years in prison. Until today, that is the longest time a person (who was later exonerated) has been imprisoned in Sweden. An application for exoneration is in Sweden administered exclusively within the court system. But it seems that a successful application depends on engaged journalists and lawyers. Only then is an application apparently formulated so it adheres to the language of the court. This suggests that there might be cases today that meet the criteria for exoneration, but is not given the necessary scrutiny.By introducing an independent review committee, which would administer applications for exoneration, the equality and fairness in the Swedish criminal justice system would increase. A committee could e.g. provide guidelines for applicants, be given the mandate to order certain investigation matters etc. This would enhance the applicant’s odds for a fair chance. Hence, in order to improve access to justice in criminal law matters and for a fair and equal assessment in these cases, it is crucial that the current system of administering applications for exoneration is reformed.
|
|
| 10. |
- Martinsson, Dennis, 1986-
(författare)
-
Correcting attrition in sexual offences: Lessons learned from Sweden?
- 2023
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- In Sweden, the Welfare State and gender equality have fused, as illustrated by e.g. prioritizing gender equality in several policy areas, which to a high extent include criminal law and policy. Since the 1970s reforms concerning sexual offences have been supported by gender-equality arguments. Recently, the #metoo movement affected the regulation on sexual offences. In light of the #metoo movement, a reform was made in 2018, which introduced involuntariness as an actus reus element in the provision on rape and, also, negligent rape as a new offence. But what lessons can be learned from Sweden? Can statutory reform actually contribute to correct attrition in sexual offences? When analyzing the 2018 reform, particularly the statutory law on rape, two areas of attrition exists: (1) the construction of the statutory law, (2) the gap between the statutory law, its policy background and the case law. Consequently, there are disconnects between, on one hand, the construction of the statutory law and its application, and on the other the political ambition of the 2018 reform. This, in turn, results in ambiguity in the application of the rape provision, suggesting a lack of legal certainty and foreseeability. Evidently, although the 2018 reform politically marked an important normative shift, several legal issues were left unsolved. Until adjusted, the attrition identified, will remain.
|
|
