Law Commons^™

Criminal Wrongs And Constitutional Rights: A View From India, Shubhankar Dam

Shubhankar Dam

This essay offers an overview of how ideas of constitutionalism, rule of law and fundamental rights contributed to the development of criminal law in India. Various courts, and the Supreme Court in particular, have summoned these broad constitutional concepts to understand, interpret and develop criminal law doctrines. But they are also drawing on these concepts to increasingly address “structural” issues of the criminal justice system - the very apparatus responsible for implementing the doctrines.

Reasonable Doubt About "Reasonable Doubt", Miller W. Shealy Jr.

Miller W. Shealy Jr.

No abstract provided.

Robo A Mano Armada. Comentario Al Numeral 3 Del Artículo 189 Del Código Penal, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.

Minoría De Edad Y Derecho Penal, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.

El Sistema Penal Juvenil Como “Privilegio". A Propósito Del Proyecto De Ley Para Reducir La Edad De Imputabilidad Penal, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.

Empathy For Psychopaths: Using Fmri Brain Scans To Plea For Leniency In Death Penalty Cases, Kimberly D. Phillips

Kimberly D Phillips

Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma

Dr. Saumya Uma

Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma

Dr. Saumya Uma

Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma

Dr. Saumya Uma

Enforcement Of Foreign Restraining Orders, Stefan D. Cassella

Stefan D Cassella

Legislation in the United States now permits the federal courts to register and enforce orders issued by foreign courts for the purpose of preserving assets that are subject to forfeiture under foreign law.

This article discusses the problems the United States encountered when it first attempted to enact and apply legisation designed to facilitate the enforcement of foreign asset-preservation orders, the remedial legislation enacted to address those problems, and the recent success the U.S. government has had under the new legislation in restraining assets at the request of foreign courts so that they may be forfeited under foreign law.

Criminal Forfeiture Procedure In 2013: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This is another in a series of articles on developments in the federal case law relating to criminal forfeiture procedure. It covers the cases decided in 2012 and early 2013. The article begins with the cases that illustrate the concept that criminal forfeiture is part of the defendant’s sentence in a criminal case. It then takes the reader more or less chronologically through the litigation of a case, beginning with the seizure and restraint of the property and continuing through the trial and sentencing of the defendant and the adjudication of third-party issues in the post-trial ancillary proceeding. Except in …

Civil Asset Recovery: The American Experience, Stefan D. Cassella

Stefan D Cassella

The article traces the American experience with the civil, or non-conviction-based, forfeiture of the proceeds and instruments of crime, with an eye toward how that experience might inform the drafting of similar legislation in the non-common law countries of the European Union.

Inequality's Frontiers, Melissa Murray

Melissa Murray

No abstract provided.

Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto

Susana L. SáCouto

The Crisis Of A Definition: Human Trafficking In Bulgarian Law, Vladislava Stoyanova

Vladislava Stoyanova

This article develops two arguments. First, at a national level in Bulgaria, the human trafficking framework is inoperable for identifying abuses worthy of consideration. By comparing the Bulgarian criminal law definition of human trafficking with the international law definition, I argue that the national criminal law definition is overly inclusive. This state of the Bulgarian criminal law makes it difficult to undertake a realistic assessment of the problem. Second, I submit that because the focus in Bulgaria has been exclusively directed towards the crime of human trafficking, the fact that the abuses of slavery, servitude and forced labour as such …

A Mistake Of Law Defense As A Remedy For Overcriminalization, Paul J. Larkin Jr.

Paul J Larkin Jr.

No abstract provided.