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Record W2951964635

LE PARTICULARISME JURIDIQUE DE LA REPRESSION DE LA CRIMINALITE ORGANISEE AU CANADA

2011· article· fr· W2951964635 on OpenAlexaboutno aff
Pierre Rainvilleetjulie Desrosiers

Bibliographic record

VenueThe Canadian Bar Review · 2011
Typearticle
Languagefr
FieldSocial Sciences
TopicCriminal Justice and Corrections Analysis
Canadian institutionsnot available
Fundersnot available
KeywordsComplicityCulpabilityPolitical scienceLiabilityRecklessnessLawCriminal lawConvictionLaw and economicsMens reaCriminologySociology
DOInot available

Abstract

fetched live from OpenAlex

Organized crime has inherited an atypical legal framework : unique offences with an elusive morphology, the unorthodox attribution of vicarious liability, the suppression of certain exculpatory lines of defence and even a broader definition for classic types of incrimination. This differentiated legal framework is dedicated to amplifying the criminal liability reserved for criminal organizations and their henchmen. Added to this expanded liability are exceptional investigative methods and a penological interventionism that are the expression of the phenomenon of eroding judicial discretion. This paper attempts to identify the basic characteristics of this fundamental restructuring of criminal liability. Its remarkable characteristics include the considerable forestalling of the repressive phase; the advent of liability that has become primarily collective; a turning away from classic concepts like complicity and causation in favour of a weakening of the elements of the offences; and a wider net for those this unusual framework is aimed at. Current provisions of the Code actually penalize the mere fact of making oneself available for a potential collective crime. However, the increase in criminal liability in the case of collective illegal acts is not without its bounds. This paper also identifies the criteria designed to better circumscribe the increased liability of those involved in a crooked scheme. With the aid of terms such as “recklessness,” “degree of involvement” and “degree of moral culpability,” the authors recommend that the moral turpitude displayed by the accused mirror the exact nature of the crime for which a conviction is entered : sharing in the deed does not necessarily suffice to incur shared liability.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.816
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0010.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0020.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.025
GPT teacher head0.289
Teacher spread0.264 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2011
Admission routes1
Has abstractyes

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Same venueThe Canadian Bar ReviewSame topicCriminal Justice and Corrections AnalysisFrench-language works237,207