Portal field news

Portal field news

in ,

🎥 | FBI overturns testimony of famous actor who killed U.S. accidental death, possibility of prosecution


写真 

FBI overturns testimony of famous actor killed in U.S. accidental shooting, possibility of indictment

 
If you write the contents roughly
The FBI's report leaves open the possibility that Alec and the film crew will be charged with criminal activity.
 

Actor Alec Baldwin shot the gun that killed cinematographer Haleena Hutchins on the set of The Last. → Continue reading

 Yorozu-News

Hello.Subculture entertainment news site "Yorozu-News".This site covers a wide range of genres such as anime, games, and idols as much as possible, and cuts deeply.In addition to the latest news, in-depth articles based on original coverage and analysis, unique photos and videos, etc. will be delivered one after another by unique editors.


Wikipedia related words

If there is no explanation, there is no corresponding item on Wikipedia.

crime

crime(Crime,English: crime) IsLawTo do the acts prohibited by.Strictly speaking, it is a liability, that is, an illegal act despite a situation that can be avoided if the person tries to avoid it.Legally, "Configuration requirements Corresponds toIllegalso,ResponsibleIs defined as "act" (details will be described later)[1].

The idea that what is judged to be a crime and how to punish it is left to the discretion of the law enforcer (what comes to the mind of the law enforcer and is decided by each law enforcer without permission). ButAncient times,中 世etc., was often used.This is called criminal despotism.In contrast,ModernSo what is a crime?punishmentshould be given in advancelawThe basic principle has been adopted that it must be clearly defined bythisCriminal statutory principleSay.The history of its establishment is generally1215 OfUnited KingdomInMagna CartaIt is believed to be derived from (Article 39), and thereafterPetition for rights(1628) AndBill of Rights(1689) Was established as the principle of modern civil law.Now in many countries thisCriminal statutory principleIs the principleCriminal lawな どCodeActs not defined as crimes in the Act shall not be criminalized.JapanButMeiji Era,France OfNapoleonenacted under the initiative of(French version(Napoleonic CodeSee also)1880OldCriminal lawIn Article 2 of the law, it is clearly stated that "the law is not good, but what is the reason for it?", And it is clearly stated that the criminal statutory principle will be adopted. ,Meiji constitutionArticle 23 of the article also states that the principle of statutory criminal penalties will be adopted, and thus it has become established in Japan and continues to this day.

About the person who is blamed for the crime, that is, the criminal act (criminal state)responsibilityWho is said to havecriminal(Criminal).Before the modern law, it was called Toganin.

The system of criminal theory and the definition of crime

How to structure (systematize) the requirements for establishing a crime is called the problem of the criminal theory system.This systematization defines crime.

Criminal LawIn countries that inherit the German criminal law theory (such as Japan), the crimes in Japan are systematized into three elements: constituent requirements, illegality, and liability.Configuration requirementsIt is often defined as "an illegal and liable act".However, some criminal law scholars use other systems to define crimes (eg, illegal and deliberate acts that meet constituent requirements (negligence is an exception), "responsible" asks about "actor"). ..

Applicability of configuration requirements

Action theory

actionAnything that is not can be a crime, and it can be said that activity is the first requirement for being a crime.There is also a view that actability is grasped as a prerequisite for the applicability of constituent requirements.There are conflicting views on the meaning of the act (Action theory).An example of consensus as non-act is the identity of a person (having an identity relationship with the perpetrator of the crime-Collective punishment・ There are such things as collective punishment) and psychological states (certain thoughts, etc.) (historically, these have been criminalized).The fact that crime must be an act means that these things can or cannot be crimes.What is an act?Asnot onlyInactionIs a concept that includes.

German criminal law scholars and others cite the four elements of crime, constitutional requirements, illegality, and liability as requirements for establishing a crime.However, in many German and Japanese theories, the theory of conduct is often discussed by incorporating it into the applicability of constituent requirements.

Constituent requirement theory

German criminal law scholarMax Ernst MayerIn Germany and Japan, including the above, the three elements of constituent requirements, illegality, and liability are listed as the requirements for establishing a crime, and the constituent requirements are the first requirements for establishing a crime.

Regarding the establishment of a crimeCriminal statutory principleFrom the viewpoint of, first, the applicability of the constituent requirements is judged.Constituent requirements (also satisfiability) are required for the facts that are subject to censure.Configuration requirementsIsCriminal law details,Special criminal lawIt is an act type stipulated for each individual crime.To put it simply, whether or not the act matches the content stipulated as a crime pattern is a matter of applicability to the constituent requirements.The constituent element includes an act (excluding the theory that the act is regarded as a criminal establishment requirement different from the constituent requirement), the subject of the act, the object of the act, the situation of the act, and the like.The constituent requirements of each crime type are unique actions, consequences,Causal relationship, The actor, the situation, the psychological state, etc. are equipped with merkmal (constituent elements), and the applicability of the constituent requirements is affirmed only when the facts to be blamed correspond to all of them.In addition, in the configuration requirementsBasic configuration requirements(Those with direct punishment provisions)Modified configuration requirements(Attempted criminal,AccompliceEtc.).

The subject of the act isNatural personMust be, under criminal lawCorporationIn Japan, it is common knowledge that a person does not become the subject of a crime.However, it can be subject to punishment under the provisions of special laws.double penaltySee also).In addition, it should be notedHuman capitalOther creatures cannot be the subject of crime (there was a legal system that could be historical).

In addition, there is a theory that, like the German criminal law scholar Megger, the three elements of act, illegality, and liability are listed as the requirements for establishing a crime, and the elements of the constituent requirements are incorporated into the illegality.

Illegality

Following the judgment of the applicability of the constituent requirementsJudgment of illegalityIs done.According to the common wisdom, constituent requirements are a type of illegal and liable act, so at this stage when the constituent requirements are recognized as applicable,The reason for illegal denialOnly matters.Non-illegal acts are not harmful, are not prohibited, and therefore do not constitute a crime, even if they meet the constituent requirements.In other words, even if it corresponds to the crime pattern of constituent requirements, if it is not bad (not illegal), it does not constitute a crime.The grounds for blocking illegality include, for example, "We will not punish unavoidable acts in order to protect the rights of ourselves or others against infringement of imminent injustice."Criminal lawArticle 36)Legitimate defenseThere is a provision of.In addition, there are also unclear grounds for blocking illegality (Extrajudicial Illegal Blocking Reasons).

The essence of illegality is said to be a violation of ethical norms (norm violation theory), or infringement or threatening of legal interests (legal interest infringement theory).There are many views that are a compromise between the two, but the view that only infringes legal interests is also influential.This confrontation is in serious conflict with the theory (so-called), in connection with the issue of the reference time (judgment at the time of action or ex post facto) of judgment of illegality.Act worthless theoryResult worthless theoryConflict.Usually, it is understood as norm violation theory = act judgment = act worthless theory, legal interest infringement theory = ex post judgment = result worthless theory).

Responsibility

After judging the illegalityJudgment of responsibilityIs done.Even if it is an illegal act that meets the constituent requirements, it can only be criticized if it is voluntary (the actor's voluntary) intention, and therefore it is normative to take other acts. If it cannot be expected, it cannot be criticized, and it is said that it is not appropriate to make it a target of treatment or education, and it is not appropriate to make it a target of punishment (moral responsibility theory).This part raises the question of whether it is appropriate to hold the criminal responsible if the criminal pattern is found to be an illegal act based on the judgment in the first two steps. ..

For example, if you misunderstand the facts that correspond to the grounds for blocking illegalityIntentional liabilityIs not asked (except for the strict liability theory).Also, the actorCriminal minorOr severeMental disorderIf you are suffering from, the person's actions are not subject to punishment.There is no clear responsibility elementReasons for blocking liabilityIs also accepted.

Mentally handicapped individualCrimes andLoss of mindThe treatment when is recognized and not subject to punishment isSecurity disposalA serious crime (also recognized as a loss of soul)殺人,Seriousinjury,robbery,rape,arson), The treatment when not subject to punishment will be adjusted accordingly.Act on Medical Care and Observation of Persons Who Performed Serious Other Harmful Behaviors in the State of Loss of MindSee.

Incidentally,Objective punishment conditions,Reasons for blocking personal punishmentThere is a concept of punishment conditions such as, but these are only the question of whether punishment is possible on the premise of the establishment of a crime.However, the view of incorporating these into the constituent elements is also influential.Guilty chargesInChargesEtc. in the criminal procedureLitigation termsAnd a detectiveSubstantive lawIs not treated as a problem.

Crime classification

Criminal law classification

  • Classification by the relationship between result generation and configuration requirements
    • Result criminal: Crime that requires a certain result as a component
    • Behavior criminal: A crime that does not require the occurrence of a result as a constituent element and is established if there is a certain external physical movement of the actor.
    • Consequential weighted criminal: A crime that is committed when a certain result occurs after the basic constituent requirements (basic offense) are met.
  • Classification by mode of infringement of protection law interests
    • : Crimes that require the occurrence of legal infringement or the risk of legal infringement
      • Infringer: Crime that requires certain specific infringement of legal interests
      • Dangerous criminal: Crimes committed due to the risk of infringement of legal interests
        • Specific dangerous criminal: Crimes that require the occurrence of a specific risk of legal infringement (realistic legal infringement risk)
        • Abstract danger criminal: Crimes committed by the occurrence of an abstract risk of legal infringement (general risk of legal infringement in common wisdom)
    • Formal offender: Crime that does not require the risk of legal infringement
  • Classification by the relationship between legal infringement and criminal facts
    • Immediate criminal: Immediate offenses are those in which the facts applicable to the constituent requirements are completed due to infringement or threatening of legal interests and are terminated at the same time.
      Examples include murder / injury and damage to property.This is because if you kill or destroy it, the infringement of legal interests will not continue.
    • Zustandsdelikt: A crime in which the facts applicable to the constituent requirements are completed by infringement / compromise of legal interests, but the situation of infringement / compromise of legal interests continues thereafter.
      Examples include theft, embezzlement and fraud.Here, the continuation of the legal infringement situation after the end of the crime is not a criminal fact.
    • Dauerdelikt: Dauerdelikt is a crime that requires the continuation of legal infringement / threatening situation.
      An example is imprisonment.
      > About the distinction between continuous offenders and state offenders
      In both cases, it is the same that the status of legal infringement / compromise = the result continues.However, even if the occurrence of results is required as the content of the constituent requirements, it is distinguished in that the continuation of the infringement / threatening situation of legal interests that has occurred is not a requirement.
      In other words, it is different whether or not the result = continuation of the infringement / threatening situation of legal interests is a constituent element.
  • Classification by subjective illegal elements
However, there are some disagreements about subjective illegal elements.

Other classification

Crime development stage

Crime development stage
(The scope of punishment is extended to attempted and preliminary / conspiracy for particularly heavy crime types based on the punishment of attempted crimes)
(1)Reserve-陰謀Preliminary is a preparatory act that is done with the intention of realizing the crime, among the acts in the stage before the crime is committed
Conspiracy is an act in which multiple parties agree to jointly realize a crime among the acts in the stage before the crime is committed.
Start of execution
(2)Attempted criminalWhen a crime has been started but has not reached the stage where the crime appears to be complete.If the reason for not completing is the intention of the actorAbandonerIs said.
Time of completion
(3) Completed offenseWhen the crime reaches the stage where it seems that the crime has been completed (completion time) by satisfying all the constituent requirements for each crime, it is considered as a completed crime.

Crime scholarship

Criminal statutory principleWhat is criminalized in countries whereCriminal lawIt is clearly stated in the code of law.Legal hermeneuticsIt is also positioned as one ofCriminal LawHas developed.

In addition, as a discipline that captures the essence of crime from a macro perspective, it is captured from the perspective of socio-economic status, values, and culture.Sociology,社会 心理学There is[2], Dealing with criminal treatment and policy issuesCriminal policyThere is[2](*).

※ this isCriminal studiesSometimes referred to as, but the term criminology is sometimes used in a broader sense.Detail isCriminal studiesExplained in.

The field of study to study the phenomenon and cause of crime as a fact, and preventive methodsBroad senseCriminologyThat is.Among them, the field of study to study the phenomenon and cause of crimeCriminology in a narrow sense(See Criminology for details).SimilarlyCriminal psychology,PsychiatryIs also an academic field that captures and studies the situation factors leading to the crime and the psychological situation of the individual actor based on the actual crime scene.[2].

Each researcher has different relationships, systematic positions, and division of roles in the disciplines of criminal law, criminology, and criminal policy.

Crime types in Japanese criminal law

JapaneseCriminal lawas well as the Special criminal lawThe crimes stipulated in the laws are as follows.

Crimes against personal legal interests

(For property offenses, crimes against individual property and crimes against total property,SinAbandonmentIt is usually classified as. )

Crimes against social legal interests

Crimes against national legal interests

Crime and mass media

The existence of the criminal law and the criminologically recognized effects of judgments (general prevention, special prevention) do not presuppose the existence of the mass media, and judgments and criminal statistics are also made public by public institutions. However, in a society where the mass media is generally developed, citizensCrime coverageKnowing the crime, knowing that the criminal trial decision report will impose punishment,General preventionThe effect is more fully exerted (general prevention means a preventive effect on the general public other than the criminal, whereas the effect on the criminal is called special prevention).Also,Mass mediaBy proactively addressing illegal cases and potentially illegal antisocial behavior, police may launch an investigation or legislate as a crime.In this way, the mass media plays a large role in crime.

But false reportsFalse accusationOr ignore the statisticsExperience securityTo report that crime is increasing inSevere punishmentな どCriminal policyThere is also the danger that criminal coverage will lead to similar crimes.In addition, it has long been a problem that reports on the premise of guilty are made at the stage of investigation by police and other investigative agencies, and it cannot be said that this problem has been solved even now.So-calledPrinciples of innocenceAttention should be paid to the balance of media coverage.

Crime and fiction

The subject of crimefictionThe work of Climb as a genre,SuspenseIf there is an element of, it is called crime suspense.also,TV dramaIs a crime drama (Hanzai drama),moviesIs a crime movieCrime movie,ComicIs a crime manga,NovelIs called a crime novel.MurdererThere are many works that incorporate the theme of, and there are criticisms that it is promoting the aging of violent crimes (Media effect theorySee).

statistics

In general, many criminals are men.For example, according to 26 statistics, out of a total of 25 people arrested as general criminal law offenders, 20 (about XNUMX%) are men.[3].

footnote

[How to use footnotes]

Source

  1. ^ Atsushi Yamaguchi, "Introduction to Criminal Law" (3) Yuhikaku Publishing Co., Ltd., 2016, p. 23. 
  2. ^ a b c Katsuko Takahata, Katsumi Ninomiya,Koyasu(Edit) "Criminal Psychology" "Keyword Collection Social Psychology" Shin-yo-sha 2011 ISBN 978-4-7885-1236-8 pp. 46-50.
  3. ^ "1 White Paper on Crime Volume 1 / Chapter 1 / Section 2/XNUMX". hakusyo1.moj.go.jp. April 2020, 8Browse.

Related item

Shooting staff


     

    Back to Top
    Fermer