Non Conviction Based Confiscation In Deutschland

Non conviction based confiscation in Deutschland  PDF
Author: Marie-Lena Marstaller
Publisher: Nomos Verlag
ISBN: 3845294590
Size: 36.14 MB
Format: PDF, Kindle
Category : Law
Languages : de
Pages : 150
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Anlässlich der Reform der Vermögensabschöpfung wurde 2017 mit der erweiterten selbständigen Tatertragseinziehung gem. § 76a IV StGB i.V.m. § 437 StPO ein international als non-conviction-based confiscation bekanntes Instrument zur Einziehung von Vermögenswerten unklarer Herkunft eingeführt. Die Abhandlung untersucht die Struktur dieser Sanktion, zudem beleuchtet sie unter straftheoretischen, verfassungs- und menschenrechtlichen Aspekten den Streit um seinen Strafcharakter sowie die Folgen dieser Einordnung für Fragen der Rückwirkung und des Doppelbestrafungsverbots. Thematisiert werden überdies Probleme der Opferentschädigung und die prozessuale Einkleidung der Verdachtseinziehung. Insbesondere die generelle Zulässigkeit von Beweisvereinfachungen im Vermögensabschöpfungsrecht hinsichtlich Unschuldsvermutung, Aussagefreiheit und Eigentumsgarantie sowie die konkrete Ausgestaltung der Beweiserleichterung in § 437 StPO als Anscheinsbeweis werden eingehend analysiert.

Conviction

Conviction PDF
Author: Donald J. Newman
Publisher: Boston; Toronto : Little, Brown
ISBN:
Size: 31.91 MB
Format: PDF, ePub
Category : Judgments, Criminal
Languages : en
Pages : 259
View: 1283

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Report of the American Bar Foundation's survey of the adminstration of criminal justice in the United States.

Conviction

Conviction PDF
Author: Oliver Rollins
Publisher: Stanford University Press
ISBN: 150362790X
Size: 76.97 MB
Format: PDF, Docs
Category : Social Science
Languages : en
Pages : 248
View: 4964

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Exposing ethical dilemmas of neuroscientific research on violence, this book warns against a dystopian future in which behavior is narrowly defined in relation to our biological makeup. Biological explanations for violence have existed for centuries, as has criticism of this kind of deterministic science, haunted by a long history of horrific abuse. Yet, this program has endured because of, and not despite, its notorious legacy. Today's scientists are well beyond the nature versus nurture debate. Instead, they contend that scientific progress has led to a nature and nurture, biological and social, stance that allows it to avoid the pitfalls of the past. In Conviction Oliver Rollins cautions against this optimism, arguing that the way these categories are imagined belies a dangerous continuity between past and present. The late 1980s ushered in a wave of techno-scientific advancements in the genetic and brain sciences. Rollins focuses on an often-ignored strand of research, the neuroscience of violence, which he argues became a key player in the larger conversation about the biological origins of criminal, violent behavior. Using powerful technologies, neuroscientists have rationalized an idea of the violent brain—or a brain that bears the marks of predisposition toward "dangerousness." Drawing on extensive analysis of neurobiological research, interviews with neuroscientists, and participant observation, Rollins finds that this construct of the brain is ill-equipped to deal with the complexities and contradictions of the social world, much less the ethical implications of informing treatment based on such simplified definitions. Rollins warns of the potentially devastating effects of a science that promises to "predict" criminals before the crime is committed, in a world that already understands violence largely through a politic of inequality.

Conflict Of Conviction

Conflict of Conviction PDF
Author: William C. Kashatus
Publisher: University Press of America
ISBN: 9780819178831
Size: 60.99 MB
Format: PDF, ePub, Docs
Category : Religion
Languages : en
Pages : 168
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Addresses the popular misconception that all Quakers, historically, have been absolutely against war and participation in civil government during a time of war. By examining the personal, theological and moral dilemmas and sacrifices of individual Friends and Quaker groups who, complied with the Revolutionary War effort, this book provides a new understanding of the diversity as well as complexity of the Quaker involvement in the American Revolution. Contents: Thomas Paine & the Ideology of the American Revolution; The Fighting Quaker-Nathanael Greene's Conflict of Conviction; Quakerism, Patriotism & Transformation in the Valley Forge Community, 1684-1778; and The Lamb's War Ethic of the Free Quakers.

Conscience And Conviction

Conscience and Conviction PDF
Author: Kimberley Brownlee
Publisher: OUP Oxford
ISBN: 0191645923
Size: 78.30 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 280
View: 4735

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The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

Conviction

Conviction PDF
Author: Julia Dahl
Publisher: Minotaur Books
ISBN: 1250083710
Size: 15.23 MB
Format: PDF, ePub, Docs
Category : Fiction
Languages : en
Pages : 304
View: 2043

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New York City 1992: a year after riots exploded between black and Jewish neighbors in Brooklyn, a black family is brutally murdered in their Crown Heights home. A teenager is quickly convicted, and the justice system moves on. Twenty-two years later, journalist Rebekah Roberts gets a letter: I didn't do it. Frustrated with her work at the city’s sleaziest tabloid, Rebekah starts to dig. But witnesses are missing, memories faded, and almost no one wants to talk about that grim, violent time in New York City—not even Saul Katz, a former NYPD cop and her source in Brooklyn’s insular Hasidic community. So she goes it alone. And as she gets closer to the truth of that night, Rebekah finds herself in the path of a killer with two decades of secrets to protect. From the author of the Edgar-nominated Invisible City comes another timely thriller that illuminates society’s darkest corners. Told in part through the eyes of a jittery eyewitness and the massacre’s sole survivor, Julia Dahl's Conviction examines the power—and cost—of community, loyalty, and denial.

Winsome Conviction

Winsome Conviction PDF
Author: Tim Muehlhoff
Publisher: InterVarsity Press
ISBN: 0830848002
Size: 28.86 MB
Format: PDF, Docs
Category : Religion
Languages : en
Pages : 224
View: 6670

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In today's polarized context, Christians often have committed, biblical rationales for very different positions. How can Christians navigate disagreements with both truth and love? Tim Muehlhoff and Rick Langer provide lessons from conflict theory and church history on how to negotiate differing biblical convictions in order to move toward Christian unity.

The Conviction To Lead

The Conviction to Lead PDF
Author: Albert Mohler
Publisher: Baker Books
ISBN: 1441260560
Size: 32.25 MB
Format: PDF, ePub, Mobi
Category : Religion
Languages : en
Pages : 224
View: 2915

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Leadership Principles from a Renowned Agent of Change Cultures and organizations do not change without strong leadership. While many leadership books focus on management or administration, the central focus of The Conviction to Lead is on changing minds. Dr. Mohler was the driving force behind the transformation of Southern Seminary from a liberal institution of waning influence to a thriving evangelical seminary at the heart of the Southern Baptist Convention. Since then he has been one of the most prominent voices in evangelicalism, fighting for Christian principles and challenging secular culture. Using his own experiences and examples from history, Dr. Mohler demonstrates that real leadership is a transferring of conviction to others, affecting their actions, motivations, intuition, and commitment. This practical guide walks the reader through what a leader needs to know, do, and be in order to affect change.

Converts Of Conviction

Converts of Conviction PDF
Author: David B. Ruderman
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110530856
Size: 51.21 MB
Format: PDF, ePub, Docs
Category : Religion
Languages : en
Pages : 115
View: 6779

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The study of Jewish converts to Christianity in the modern era has long been marginalized in Jewish historiography. Labeled disparagingly in the Jewish tradition as meshumadim (apostates), many earlier Jewish scholars treated these individuals in a negative light or generally ignored them as not properly belonging any longer to the community and its historical legacy. This situation has radically changed in recent years with an outpouring of new studies on converts in variegated times and places, culminating perhaps in the most recent synthesis of modern Jewish converts by Todd Endelman in 2015. While Endelman argues that most modern converts left the Jewish fold for economic, social, or political reasons, he does acknowledge the presence of those who chose to convert for ideological and spiritual motives. The purpose of this volume is to consider more fully the latter group, perhaps the most interesting from the perspective of Jewish intellectual history: those who moved from Judaism to Christianity out of a conviction that they were choosing a superior religion, and out of doubt or lack of confidence in the religious principles and practices of their former one. Their spiritual journeys often led them to suspect their newly adopted beliefs as well, and some even returned to Judaism or adopted a hybrid faith consisting of elements of both religions. Their intellectual itineraries between Judaism and Christianity offer a unique perspective on the formation of modern Jewish identities, Jewish-Christian relations, and the history of Jewish skeptical postures. The approach of the authors of this book is to avoid broad generalizations about the modern convert in favor of detailed case studies of specific converts in four distinct localities: Germany, Russia, Poland, and England, all living in the nineteenth- century. In so doing, it underscores the individuality of each convert’s life experience and self-reflection and the need to examine more intensely this relatively neglected dimension of Jewish and Christian cultural and intellectual history.

Wrongful Conviction And Criminal Justice Reform

Wrongful Conviction and Criminal Justice Reform PDF
Author: Marvin Zalman
Publisher: Routledge
ISBN: 1135077444
Size: 36.12 MB
Format: PDF
Category : Social Science
Languages : en
Pages : 334
View: 6651

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Wrongful Conviction and Criminal Justice Reform is an important addition to the literature and teaching on innocence reform. This book delves into wrongful convictions studies but expands upon them by offering potential reforms that would alleviate the problem of wrongful convictions in the criminal justice system. Written to be accessible to students, Wrongful Conviction and Criminal Justice Reform is a main text for wrongful convictions courses or a secondary text for more general courses in criminal justice, political science, and law school innocence clinics.

A Wrongful Criminal Conviction

A Wrongful Criminal Conviction PDF
Author: Anne Boston Parish
Publisher: AuthorHouse
ISBN: 148173346X
Size: 10.73 MB
Format: PDF, ePub, Mobi
Category : Self-Help
Languages : en
Pages : 120
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Anne Boston Parish?s first book looked at reforming health care by designing a unique medical model: Queen Street Clinic. This second book takes a look at confronting the miscarriage of justice, a profound look at intention and purpose by people who cause harm and negative consequences to others. 1. The Bystanders Effect 2. Without failing there is no success 3. Thirty clever words to exercise in your vocabulary 4. Accepting failure, defeat, and loss with appropriate conduct. 5. The significance of a second chance 6. The seven people you need in your corner to support you when you need to overcome failure.

Circle Of Conviction

Circle of Conviction PDF
Author: B. Scott Gallie
Publisher: AuthorHouse
ISBN: 1585009865
Size: 42.67 MB
Format: PDF, Mobi
Category : Social Science
Languages : en
Pages : 224
View: 5921

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"Our approach to helping children depends on our values. It also depends on our understanding of how kids develop and how they have become who they are today. When we understand why kids behave aggressively and defiantly, we are in a position to help them .Consider that every negative behavior has a positive side .show faith in your child .Allow them to see that you believe they can succeed." --- from Disruptive Kids: A Guide for Parents Tired of trying to control an aggressive, defiant, and out-of-control kid, most parents find themselves giving up or giving in. In Disruptive Kids: A Guide for Parents, Thor M. Johansen, a Clinical Psychologist, empowers parents by arming them with up-to-date information, expert advice, and the encouragement needed to care for and manage a disruptive child. This book focuses on kids with Oppositional Defiant Disorder and Conduct Disorder. But the strategies and advice offered by Dr. Johansen are useful for any out-of-control child. This book features: · Advice on how and when to seek quality professional help · Step-by-step ways to manage disruptive children ·

Born Of Conviction

Born of Conviction PDF
Author: Joseph T. Reiff
Publisher: Oxford University Press
ISBN: 0190246839
Size: 49.24 MB
Format: PDF, Mobi
Category : Religion
Languages : en
Pages : 384
View: 7501

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Winner of the Mississippi Institute of Arts and Letters' Nonfiction Award The dominant narrative of the role of white citizens and the white church in Mississippi's civil rights era focuses on their intense resistance to change. The "Born of Conviction" statement, signed by twenty-eight white Methodist pastors and published in the Mississippi Methodist Advocate on January 2, 1963, offered an alternative witness to the segregationist party line. Calling for freedom of the pulpit and reminding readers of the Methodist Discipline's claim that the teachings of Jesus permit "no discrimination because of race, color, or creed," the pastors sought to speak to and for a mostly silent yet significant minority of Mississippians, and to lead white Methodists to join the conversation on the need for racial justice. The document additionally expressed support for public schools and opposition to any attempt to close them, and affirmed the signers' opposition to Communism. Though a few individuals, both laity and clergy, voiced public affirmation of "Born of Conviction," the overwhelming reaction was negative-by mid-1964, eighteen of the signers had left Mississippi, evidence of the challenges faced by whites who offered even mild dissent to massive resistance in the Deep South. Dominant narratives, however, rarely tell the whole story. The statement caused a significant crack in the public unanimity of Mississippi white resistance. Signers and their public supporters also received private messages of gratitude for their stand, and eight of the signers would remain in the Methodist ministry in Mississippi until retirement. Born of Conviction tells the story of "the Twenty-Eight" illuminating the impact on the larger culture of this attempt by white clergy to support race relations change. The book explores the theological and ethical understandings of the signers through an account of their experiences before, during, and after the statement's publication. It also offers a detailed portrait of both public and private expressions of the theology and ethics of white Mississippi Methodists in general, as revealed by their responses to the "Born of Conviction" controversy.

Truth And Conviction

Truth and Conviction PDF
Author: L. Jane McMillan
Publisher: UBC Press
ISBN: 0774837519
Size: 41.34 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 230
View: 4228

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The name “Donald Marshall Jr.” is synonymous with “wrongful conviction” and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan – Marshall’s former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court’s Marshall decision – tells the story of how Marshall’s life-long battle against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall died in 2009, but his legacy lives on. Mi’kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.

Conviction Without Compromise

Conviction Without Compromise PDF
Author: Norman Geisler
Publisher: Harvest House Publishers
ISBN: 0736922202
Size: 45.63 MB
Format: PDF, ePub
Category : Religion
Languages : en
Pages : 394
View: 5458

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From the earliest days of the church, Christians have struggled with questions related to unity and the handling of doctrinal differences. In this book you'll find clear guidance from Scripture about the doctrines on which it's essential for Christians to agree, and the doctrines on which believers can graciously agree to disagree. This landmark resource will equip you to take an uncompromising stand on the essentials of the faith while promoting love and unity among true believers. Book jacket.