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Articles 1 - 30 of 278
Full-Text Articles in Law
The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun
The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun
Indonesia Law Review
The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia’s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction …
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann
Appellate Division, Fourth Department - People V. Buchanan, Jacqulyn Vann
Touro Law Review
No abstract provided.
When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust
Touro Law Review
No abstract provided.
The (In)Admissibility Of False Confession Expert Testimony, David A. Perez
The (In)Admissibility Of False Confession Expert Testimony, David A. Perez
Touro Law Review
This Comment discusses the relationship between police interrogation tactics and false confessions in order to address the admissibility of false confession expert testimony, a question that has traditionally been left to the discretion of the trial judge. The current literature-indeed, the prevailing consensus-argues for drastic changes to police interrogation practices to prevent false confessions and, in combination with such changes, demands that expert testimony on false confessions be admitted in criminal trials. Despite the relative unanimity in the literature, state and federal courts remain bitterly divided on the question of admissibility of false confession expert testimony. Each decision in this …
Analysis Of Crime Data Using Principal Component Analysis: A Case Study Of Katsina State, Shehu U. Gulumbe, Dikko H. .G., Bello Yusuf
Analysis Of Crime Data Using Principal Component Analysis: A Case Study Of Katsina State, Shehu U. Gulumbe, Dikko H. .G., Bello Yusuf
CBN Journal of Applied Statistics (JAS)
This paper analyses Katsina State crime data which consists of the averages of eight major crimes reported to the police for the period 2006 – 2008. The crimes consist of robbery, auto theft, house and store breakings, theft/stealing, grievous hurt and wounding, murder, rape, and assault. Correlation analysis and principal component analysis (PCA) were employed to explain the correlation between the crimes and to determine the distribution of the crimes over the local government areas of the state. The result has shown a significant correlation between robbery, theft and vehicle theft. While MSW local government area has the lowest crime …
Harmonizing Equitable Exceptions: Why Courts Should Recognize An “Actual Innocence” Exception To The Aedpa’S Statute Of Limitations, Morgan Suder
San Diego Law Review
This Comment argues that to neutralize this potential inequality, the Supreme Court should affirm the Ninth Circuit’s recent decision in Lee v. Lampert, finding that a credible claim of actual innocence constitutes an equitable exception to the AEDPA’s one-year statute of limitations period. District courts must be able to call on their equitable powers, including both equitable principles already applied to the AEDPA’s statute of limitations as well as the actual innocence exception, in determining whether a district court may consider the merits of a criminal defendant’s otherwise untimely habeas petition.
Part II discusses the role of federal habeas corpus …
Business Crime And The Public Interest: Lawyers, Legislators, And The Administrative State, Harry First
Business Crime And The Public Interest: Lawyers, Legislators, And The Administrative State, Harry First
UC Irvine Law Review
No abstract provided.
Death Penalty, Josh D. Moore
Death Penalty, Josh D. Moore
Mercer Law Review
Between June 1, 2011 and May 31, 2012, the Georgia Supreme Court addressed several significant points of law in the context of death penalty litigation. The court grappled with two challenging speedy trial issues, one constitutional and the other statutory, in Phan v. State and Walker v. State, respectively. The court announced a new rule on the calculation of time limitations for impeachable convictions in Clay v. State. The court revisited the subject of burden of proof in mental retardation cases in Stripling v. State. And the court articulated a clear standard for evaluating prejudice in a …
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Mercer Law Review
The Authors reviewed the most important criminal cases during this reporting period-from June 1, 2011 through May 31, 2012-that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.
The Offender And The Victim, Edward Tromanhauser
The Offender And The Victim, Edward Tromanhauser
Pepperdine Law Review
No abstract provided.
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Pepperdine Law Review
No abstract provided.
Emerging Issues In Victim Assistance, Marlene A. Young
Emerging Issues In Victim Assistance, Marlene A. Young
Pepperdine Law Review
No abstract provided.
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Pepperdine Law Review
No abstract provided.
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Pepperdine Law Review
No abstract provided.
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford
Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford
Pepperdine Law Review
No abstract provided.
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Florida Law Review
“For years, defense lawyers have argued the ‘young and stupid’ semidefense for their youthful clients. Now, we can have the ‘I didn’t know it was on the hard drive’ objection for the unsophisticated computer user in child pornography cases—or at least they can in the 9th Circuit.” This quote, appearing on the website of an East Texas criminal defense law firm, refers to the outcome of United States v. Kuchinski. In Kuchinski, the defendant’s computer contained, in various forms, more than 15,000 images of child pornography. There was no question that Kuchinski’s volitional viewing of the images on the Internet …
Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship
Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship
Florida Law Review
The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced that it will direct money to injured investors whenever possible, but has not articulated clear priorities. This Article fills the gap by introducing terms of debate and proposing a framework for the SEC’s exercise of its discretion. The Article introduces the concept of “public class counsel,” a public actor that has the dual function of deterrence and victim compensation. The concept describes—and suggests limits to—the SEC’s role in a system in which …
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Florida Law Review
No abstract provided.
Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller
Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller
Florida Law Review
Under the Bail Reform Act of 1984, federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial question.” Federal appellate courts, however, have been deeply divided over how much merit is required to show that an appeal will raise a “substantial question.” Ten circuits define the phrase as a “close question,” based on an implausible reading of the 1984 Bail Act’s legislative history. But the Ninth Circuit has interpreted the requirement to mean that a defendant must prove that his appeal will raise …
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
Florida Law Review
On October 21, 1986, a two-month-old baby girl was admitted to a hospital in Pasco County, Florida. Baby Christina Ann Wells was unresponsive, was suffering from seizures, and needed assistance to breathe. Doctors observed large bruises on Christina’s head, including thumbprints on her tiny face. She had broken ribs, and the soft spot on her skull was noticeably bulging. Doctors likened some of Christina’s injuries to those commonly seen in drowning victims. However, Christina had not drowned; doctors determined that Christina’s bruises and the swelling on her brain were caused either by being shaken or by having her oxygen supply …
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Florida Law Review
No abstract provided.
In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks
In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks
Florida Law Review
After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional-a decision based on nothing more than the ipse …
Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson
Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson
Pace Law Review
No abstract provided.
California's Constitutional Right To Privacy, J. Clark Kelso
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.