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Section 15. Science of law
During the time until the examination is being conducted, investigative steps to find the perpetrator, there have been three more rapes of women were fatal. Clothing women were immediately sent for examination, the study showed that the presence of similar chips. The presence of chips on the clothes have five victims, as well as the results of a comparative study of particle chips showed the professional activity of the criminal, that will narrow search. Operative treatment undergone working factories and workshops available on the site of the accident. During the arrest the offender was removed his clothes and assigned identification expertise that helped in exposing the criminal.
Examples illustrating the importance of micro in proving the guilt of the perpetrator, could be cited. It should be noted that in criminal cases of rape often is examined fiber clothing. Experts studying the clothes of victims or offenders under the
microscope reveal layers offibers, fixing their location, and then remove them from the media, further research is carried out by means of physico-chemical methods — determine the structure, nature and type of dyes, etc. To answer that the fibers found on the clothes of the victim, or under her nails, etc., belong to the clothes (sweater, pants and other material.) Criminal expert is particularly structure, composition of fibers and they must be the same, in this case, given a definitive answer about the specific clothing accessories fibers. There may be situations when the layering of clothing found on the clothing ofthe victim offender.
In all these situations it is important to timely and proper withdrawal from the scene of the objects, things, on the surface as a result of sexual violence, formed micro-layers. There are examples from practice when because of neglect recommendations of criminalists of value of microobjects, rules of their withdrawal the criminal escaped responsibility.
References:
1. Vander M. B., Malanina N. I. Trial micrology (criminality aspect). - Saratov, 1988. - Р. 45.
2. Natura A.I. Microobjects: concept, essence and some opportunities of their researches of Studies. Grant. - Krasnodar, 1996. - Р. 4.
3. Archive of the Kazakh research institute of judicial examination. - Almaty, 2015.
Dzhansarayeva Rima Yerenatovna, Al-Farabi Kazakh National University, Head, Chair of Criminal Law, Criminal Process and Criminalistics, Doctor of Law, Professor E-mail: jansarayeva@mail.ru
Yelnur Yerenat, Al-Farabi Kazakh National University, Master student
Sexual deviations of the convicts in isolation
Abstract: Deviant sexual behavior of convicts in prisons adversely affects the correctional process, reduces the effectiveness of preventive work in a correctional facility, prevents the proper organization of the runtime and punishment, as a background component penal crime, often results in conflicts between convicts are resolved by them, as a rule, criminal actions. As the basis for deviant sexual behavior are convicted defects of personality, it applied to them; disciplinary action does not have a significant impact on their behavior.
Knowledge of the criminal world, standards of conduct allow convicted prison administration to objectively analyze the crime situation in the institution, clear and timely control and predict it.
Keywords: convicted, deviant sexual behavior, place of detention, prison isolation.
Deviant sexual behavior of convicts in prisons, as part of the background of the penitentiary crime covers a wide layer of the phenomena of social life and, in general, has a negative impact on society.
Punishable deviant sexual behavior condemned, affects the correctional process in prisons, prevents the proper organization of the runtime and punishment, and reduces the effectiveness of preventive work in a correctional facility. Facts of deviant sexual manifestations impact negative on the morale of the people sentenced to imprisonment reduce their
level of positive activity and optimism in the process of serving the sentence.
It is a mistake to underestimate the importance and necessity of the struggle with homosexual violence in prison, which could lead to a complication of the operational environment, the emergence of conflicts between convicts resolved by them, as a rule, unlawful criminal actions. Research has shown that serious violent crimes committed in women’s prisons are rare, but if they are committed, they based on the homosexual conflicts [1, 55]. According to O. V. Starkov in men’s prisons
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compulsion to homosexual act was concentrating object conflict crime in every fifth case, that is, the number of penal offenses significantly associated with sexual perversion [2, 220].
Given typology of sexual deviancy by specialists relatively based on the same grounds — on the object of sexual desire and sexual behavior methods. In the performance of imprisonment is the most common homosexuality, combined with a variety of sexual perversions and sexual deviation, which play a compensatory role, and usually do not involve legal consequences.
The most significant factors influencing the formation of deviant sexual behavior of the convicts are early sexual experiences, sexual abuse in childhood, adverse conditions of education, hereditary mental disorder, alcohol or drug addiction of parents, the presence of signs of mental and psychosexual deviation, and the effect of specific environments places isolated from society.
A. A. Bakin depending on the motives of homosexual activity, identifies five groups of convicts, characterized by different features of deviant sexual behavior: convict performing homosexual acts solely as an active party to solve interpersonal conflicts and maintain their status in the prison hierarchy (homosexual acts are due to external circumstances and aimed at humiliation and suppression of others):
- Convicted-transit performing homosexual acts associated with the inability to heterosexual contact in the colony, to meet the sexual needs (people enter into communication only as the active side);
- Convicted with psychosexual disorders characterized by severe persistent stereotype of behavior as a symptom of mental illness;
- Convicted involved in homosexual prostitution (act as passive partners);
- True homosexuals (detect the presence of persistent sexual attraction to persons of the same sex, and an aversion to heterosexual contact) [3, 10].
Convicts, who belong to the first group, have a negative attitude towards homosexual relations, homosexuality considered as unavoidable in the penitentiary system. Most of convicts of this group maintain heterosexual relationships with regular women-partners, as a rule, while having a dates allowed by the prison administration. They are socially and psychologically well adapted to the conditions of the detention facility, have an authority in the prison hierarchy.
Convicts of the second group are also well adapted to the correctional institution, form stable pairs and satisfied with the partnership. Before entering the prison most of the group members showed bisexual activity. In adulthood, personality disorders and behavior represented in two types of psychopathy: epileptic and unstable.
Representatives of the following three groups — people with long-term homosexual experience, the majority of them had not heterosexual experience before. All of them tend to create stable homosexual relationships, but there are cases of periodic prostitution.
A typical prison offense, with a very high level of latency, is forced sodomy. Coefficient of latency of such crimes is so high that they are practically not registered. Those who abused in every way trying to hide the fact of socially dangerous act. This is primarily due to operating of the “law of the silence” in the prison world, as well as fear of retaliation for reporting sexual acts committed against them and the fear of being the object of ridicule, humiliation and subsequent harassment. In addition, the status of the convicts subjected to an act of sodomy because of the publicity and according to the unwritten law, changed to the lowest.
According to Y. M. Antonyan observation, people who have been subjected to homosexual violence, as well as those who enter into homosexual relationships by free, and the convicts who do not observe basic rules of personal hygiene, mental retardation seen in double-dealing or stealing things food from other prisoners, even people with effeminate mannerisms, facial features or body, just weak in character and physically, who are not able to deal with threats and violence, as well as those who were unable to return the card debt — form a strictly isolated group rejected or so-called lowered [4, 54].
Traditionally, sexual violence usually cruel and degrading always, are also committed against people committed sexual offence before; against convicts who contributed to the law enforcement authorities; who have relatives in these area; or who engaged in sodomy in a passive form [5, 56].
As you can see, deeds and actions, for which possible rejection, are very different and varying degrees of community reviled criminals, sometimes causing them sincere anger and resentment. Punishment for them is almost always occurs immediately after placing these persons in detention. According to Y. M. Antonyan majority of those arrested for sexual crimes committed against children and adolescents, crimes related to the abuse of them or cruelty (about 80 %) rejected in jail. Only a small portion (about 15 %) rejected in the colony, and in the first months of imprisonment.
In some cases, community sanctions appear as an additional punishment to which assigned by the court, but in general, such sanctions regarded as an excuse to a certain social group sank to the bottom of the informal hierarchy. Therefore, if it were not for these reasons, the community would find others. The fact that this is the most humiliating way, and the consequences of last indefinitely, accurately reflects the level and quality culture is criminals. Rejecting, humiliating one, criminals seem to say to society: “Yes, we are bad, but there are worse us down to their level, we do not descend”. Thus, the presence of rejected allows others to rise in his eyes and in the eyes of the revered group. That is why this phenomenon is very difficult to fight.
Rejection of some of the convicts, as a specific offense prison, has a long history, but, unfortunately, is a hidden character and it rarely comes punishment. Victims are simply afraid to report it because of the threat of new massacres. The more severe the injury when the victim of sexual violence, the higher the risk of suicide, depression and profound expression of deep emotional (mental) disorders in it.
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Convicts from “offended” perform significantly more work to do household activities, they are usually used in the least prestigious, dirty work. They live, eat and work separately from other criminals with them simply do not talk, do not allow to sit, stand side by side, to dine at the same table, in any way come in contact, etc. Prohibition of communication extends to all, without exception, they can only communicate with each other. Violation of the unwritten rules can lead to serious consequences, up to the deprivation of life. Their humiliating status remains practically all his life, during the second serving of sentences in prisons inevitably learn about him other prisoners. Hide it not make sense, because sooner or later it will be found, in which case the “guilty” is sure to be punished. Feeling hopelessness of their situation, pursued sometimes kill their oppressors or escapes (attempt to commit) from prison. Position rejected persists after release from prison, learn about it in its immediate domestic environment, which, of course, greatly complicates the adaptation to the new conditions of liberated life, causing him further suffering.
As a result, total psychological and social pressure, this category characterized by a convicted bitterness,
uncontrollable temper. Lack of self-control emotional state can lead to an attack on other prisoners and members of the administration, to other acts of aggression. They tend to exhibit suicidal intentions, including to manipulate others. Such prisoners often have artistry.
At the organization of individual educational work with this category of convicts should be aware that they are willing to fulfill any order, including acts of violence, the leaders of informal groups of a negative orientation, do not claim to a leading position in the criminal hierarchy. As the basis of their behavior are defects of personality, it applied to them disciplinary action does not have a significant impact on behavior.
Time in prison significant effect on the psyche of the convicts who are experiencing feelings about the conviction and imprisonment. Changing existing stereotypes of life in many convicted passes painful, accompanied often irritability, anger, aggression. Knowledge of the criminal world, standards of conduct allow convicted prison administration to objectively analyze the crime situation in the institution, clear and timely control and predict it.
References:
1. Shmaeva T. A. Convicted of the offense ofwomen in CLC and their prevention. - Ryazan, 1985. - Р. 75.
2. Starkov O. V Kriminopenologiya: Textbook. - M., 2004. - 300 p.
3. Bakin A. A. Features of formation of deviant sexual behavior condemned.//Penal system: law, economics, management. -2007. - № 2. - Р. 10.
4. Criminology: Textbook/Ed. Acad. V N. Kudrjavtsev, prof. V E. Eminov. - M.: Jurist, 1995. - 422 p.
5. Antonyan Y. M., Kanunnik A. I., Kulinich VV Correction and re-convicted, not adapted to the conditions of the CLC. -M., 1987. - 120 p.
Edylova Merey, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law Baysalov Aly Dzhumamuratovich, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: B_ali_77@mail.ru
Classification features of linguistic expertise and her tasks
Abstract: The features of classification of linguistic examination are examined in this article. Keywords: expertis, classification, linguistic expertise.
By definition of the object of linguistic expertise specific differences exist. Most subject matter expert linguistic expertise is defined as the actual data (facts), to be proved in a particular case through the resolution of issues requiring special knowledge in the field of linguistics.
But nevertheless there is a disagreement on the classification of linguistic expertise. To which many scientists fit differently.
According to the classification M. A. Grachev linguistic expertise belongs to the class of forensic examinations, in which he highlights the traditional forensic expertise;
developed in the last decades of the twentieth century; different types of research materials, substances, products, allocated in a separate genus, also called material science [1, 499].
However, there is another point of view. In the concept of E. I. Galyashina and E. R. Rossinskaya say that linguistic expertise is a separate genus of the examination, which is included in the class speech examinations [2]. According to this concept, in class speech expertise includes linguistic, handwriting and phonoscope examination. These types of expertise with the exception of linguistic expertise are traditionally included
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