| 1. |
- Nordlöf, Kerstin, 1955-, et al.
(author)
-
An abstract staging of a crime
- 2018
-
Conference paper (other academic/artistic)abstract
- In the criminal procedure the scene of the crime is transformed into an abstract act described by words in a preliminary investigation, by different kind of evidences as for example photos, DNA, or formulated in a given testimony. The presentation of the case to the court takes place in a certain order based on legal principles expressed in the ECHR article 6 Right to a fair trial and in the CRC article 40. The abstract staging of the crime takes place at the court where an accused and an attorney are present. Except the prosecutor, who has to prove the case beyond reasonable doubts, the victim assisted by a legal counsel is also present. If the victim is a child under the age of eighteen and the accused is closed related to the child or the guardian of the child the child will be assisted by a special legal representative for children. The court room is the stage where the crime is being narrated. The issue that may be raised is if and in what way the design of the court room as well as the court building has on the subjects involved as well as the public when the crime is being narrated and are there reasons to suggest some changes in order to meet the requirement of international agreements. The ambition of the paper is also to expose the court room as well as the court building in an historical context. In general we found that a courtroom through wall paintings expressing religious motives nowadays is a room more or less like an ordinary meeting room but like earlier the positions of the subjects involved are decided in advance. In the paper suggestions of improvements are made particularly concerning children being part of a criminal procedure.The issue that may be raised is if and in what way the design of the court room as well as the court building has on the subjects involved as well as the public when the crime is being narrated and are there reasons to suggest some changes in order to meet the requirement of international agreements.
|
|
| 2. |
|
|
| 3. |
- Bennet, Tova, et al.
(author)
-
Den rättspsykiatriska vården är inte rättssäker – agera nu
- 2020
-
In: Göteborgs-Posten. - Göteborg : Göteborgposten. - 1103-9345. ; :Oktober 19
-
Journal article (pop. science, debate, etc.)abstract
- Det svenska rättssystemet som tillåter att vi dömer psykiskt sjuka för brott och att personer som saknar vårdbehov kan hållas frihetsberövade inom rättspsykiatrin under mycket lång tid med oklart vårdinnehåll, är unikt och har fått rättmätig kritik under lång tid. Ändå händer ingenting.
|
|
| 4. |
- Danesi, Marcel, et al.
(author)
-
The #MeToo Movement as an e-Discourse : Social and Legal Effects
- 2021
-
In: HumaNetten. - Växjö : Institutionen för språk och litteratur, Linnéuniversitetet. - 1403-2279. ; :46, s. 56-74
-
Journal article (peer-reviewed)abstract
- In this article, the #MeToo movement, as a socio-political form of e-discourse (discourse enacted on social media platforms and other types of online channels), will be examined in terms of the effectiveness of its discursive forms and the kinds of effects these have had on social consciousness generally with regard to sexual misconduct in the workplace, and in terms of the cases it has made famous against individuals via “trial-by-social-media,” and their outcomes in people’s lives. The specific cases discussed in this paper are those concerning well-known Swedish and American media personalities, which are assessed within a broad discourse and legal framework. Overall, we conclude that, while movement has had a profound effect on social consciousness, so far it has not impugned the validity of legal systems in countries such as Sweden and the United States.
|
|
| 5. |
- Hoffmann, Jeanna, 1970-
(author)
-
Tvångsvård av gravida missbrukare till skydd för fostret
- 2023
-
Doctoral thesis (other academic/artistic)abstract
- Researchers have pointed out the association between exposure to alcohol during pregnancy and damage to the foetus. The offspring show an increased perinatal mortality and morbidity rate. Other substances may also cause foetal damage but without any typical adverse effects. Over the years, the issue of widening the scope of the Swedish Substance Abuse Act (LVM) to encompass a protection of the foetus has been discussed. A change in law raises many questions including the conflict of interest between woman and foetus.The purpose of the thesis is twofold. Firstly, to investigate how LVM is interpreted and applied when a pregnant woman is considered for coercieve care and if there is reason to clarify the law's application. Secondly, to discuss the appropriateness of an extension to include explicit protection of the foetus taking into account the handling of the foetus in historical legislation.The legal dogmatic method is used to analyse LVM and its practical application is investigated by analysing case law from county administrative courts.A legal dogmatic approach is also used to look in to the handling of the foetus on decisive points in public administrative law, penal law, civil law, international and constitutional law. A review of the historical law-making is performed to see if this may serve as a complementary way of understanding the conceptual development of the legal person.I find, that a change of LVM would not per se alter the idea of general legal capacity beginning at the moment of birth. A scrutiny of the law as well as the law in action does not prove that it is necessary to extend the coercive law to encompass a protection explicitly of the foetus as an independent ground for coercive measures.A future change of law should focus on optimal care for the pregnant woman, because this would be advantageous for the foetus as well.Based on the study results, I propose changes in existing law to optimize the care in cases of coercive measures.To this effect the content quality and duration of the care and an option for appealing not only of the decision of coercive measures as such but also of the care content should be elaborated further.
|
|
| 6. |
- Israelsson, Magnus, 1967-, et al.
(author)
-
European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems – a comparative review from a human and civil rights perspective
- 2015
-
In: Substance Abuse Treatment, Prevention, and Policy. - London, United Kingdom : Springer Science and Business Media LLC. - 1747-597X. ; 10, s. 1-12
-
Journal article (peer-reviewed)abstract
- BackgroundLaws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights.MethodsThirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted.ResultsThere are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems.ConclusionThe study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems comply with international ratified conventions concerning human and civil rights. This, however, applies to all three types of law, i.e. social, mental health and criminal legislation. The main differences between law types concern legal criteria, reflecting different national priorities on implicit ambitions of CCC – for correction, for prevention, or for support to those in greatest need of care.
|
|
| 7. |
|
|
| 8. |
- Malekian, Farhad, et al.
(author)
-
International Legal Status of Children
- 2014
-
In: Encyclopedia of Criminology and Criminal Justice. - Oxford, UK : Springer. - 9781461456896
-
Book chapter (peer-reviewed)abstract
- National, regional, and international criminal legislation and procedures for quite a long time struggled with the recognition of the legal status of children, but the position has slowly changed in recent decades. The aim has been to support persons aged under 18, whether perpetrators, victims, witnesses, or applicants under criminal justice proceedings. Thus, when children have committed crimes, the procedure of arrest, detention, or imprisonment has to be in conformity with the provisions of international law, and they should promptly receive legal assistance. Capital punishment has been abolished, and corporal penalties have broadly been reduced. The tendency today is that juveniles should be sentenced to measures such as care, supervision orders, community service orders, correctional, educational, and vocational training programs. Consequently, many rules of criminal justice have been formulated for the purpose of protection of children's rights, which are considered an integral part of international jus cogens.
|
|
| 9. |
- Nordlöf, Kerstin, 1955-
(author)
-
Allvarligt psykiskt störda utan domskäl vid en fällande dom? : [Severely mentally disordered without reasons upon conviction?]
- 2023
-
In: Nordisk Tidsskrift for Kriminalvidenskab. - : De Nordiske Kriminalistforeninger og Nordisk Samarbejdsråd for Kriminologi. - 0029-1528. ; 110:3, s. 221-237
-
Journal article (peer-reviewed)abstract
- In a democratic society, it is assumed that the criminal law is applied ultima ratio and that certain requirements regarding legal certainty are met. These include the principle of conformity. This means that only those who had the ability and opportunity to comply with the law may be criminal liable. Consequently, those who are young or suffer from a severe mental disorder at the time of the crime must be free from criminal liability. Yet such persons can be held accountable in Sweden as the Swedish Criminal Code (1962:700) lacks a requirement of accountability. If a defendant at trial still suffers from a severe mental disorder, they will be sentenced to treatment. To achieve the requirements of a fair trial in these cases the court may only, as in other criminal cases, impose criminal liability if it is established beyond reasonable doubt that the act alleged by the prosecutor was committed by the defendant with intent or negligence. This must be evident in the judicial decision even if a simplified form for the judgment is applied. The latter is possible to use when a defendant was suffering from a severe mental disorder when committing the act, has confessed, and has been sentenced to treatment. The purpose of the present work is to investigate in a number of judgments whether and how the court reasons in relation to intent or negligence. Furthermore, it investigates whether a simplified form is used and how it relates to the requirements of a fair trail. The survey shows that in almost half of the judgments the issue of guilt is not mentioned at all. Instead, the emphasis is on external circumstances and the level of the defendents consciousness. The reasons given for the jugdgment are very brief and often issued in a simplified form. The survey reveals that the evaluation of evidence regarding guilt in these cases is problematic and probably a consequence of the absence of a requirement of accountability in the Criminal Code. The study concludes that the absence of this accountablity requirement results in the exclusion of a very vulnerable group from the principle of conformity. In other words, this group of defendants is deprived of a fair trial regarding the issue of guilt in the event of conviction. This is a right aimed at maintaining confidence in the judiciary and the criminal justice system.
|
|
| 10. |
|
|
