Law Commons^™

Confiscación Sobre El Producto Indirecto Del Delito En El Sistema De Prevención Del Lavado De Activos / Confiscation Of Indirect Proceeds Of Crime In The Anti-Money Laundering Legal Framework, Tadeo Leandro Fernandez

Tadeo Leandro Fernandez

The aim of this paper is to describe the international recommendations on prevention of money laundering about confiscation of the proceeds of crime, in particular the indirect proceeds. In that sense, for this purpose we propose to use the term confiscation as a generic of forfeiture, restitution, damage repair, and reset to the previous state, i.e. we include forfeiture rules (Section 23 and 305) and damage repair (Title IV of Book I) of the Criminal Code and we also note national case law that share this idea. Last, we conclude that current Argentine system allows confiscating the direct and indirect …

Death As Deterrent Or Prosecutorial Tool? Examining The Impact Of Louisiana’S Child Rape Law, Angela Crews

Angela Crews

This project measures the impact of a 1995 amendment to Louisiana’s aggravated rape statute that allows juries to consider imposing the death penalty for convicted child rapists. Preamendment populations of cases from two large parishes (counties) were compared to postamendment populations of cases. In addition, 40 individual case files were randomly selected and reviewed. Variables measuring certainty, severity, and swiftness of punishment were compared. The only significant change was the reduction of trials, which may be linked to an increased propensity for plea agreements, dismissals, and charge reductions. In general, offenders initially charged with aggravated rape of a child seemed …

Advocating Socio-Economic Justice: Some Experiences Of The Icc-India Campaign And The Potential For A Law Clinic, Saumya Uma

Dr. Saumya Uma

Book Review: Negotiating The Labyrinth: Disability And The Queensland Justice System By Dan Toombs, Jodie O'Leary

Jodie O'Leary

No abstract provided.

Meeting The Challenges Faced By Girls In The Juvenile Justice System: Testimony Before The Healthy Families And Communities Subcommittee Of The U.S. House Of Representatives Education And Labor Committee, Francine T. Sherman

Francine T. Sherman

Testimony by Francine T. Sherman, Clinical Professor and Director, Juvenile Rights Advocacy Project at Boston College Law School before the Healthy Families and Communities Subcommittee of the U.S. House of Representatives Education and Labor Committee, on March 11, 2010, at 10:00 AM. More information about the hearing, including an archived webcast, is available at http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=193429.

The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman

Martin A. Schwartz

No abstract provided.

The Federal Common Law Of Crime, Robert C. Palmer

Robert T. Palmer, PhD

No abstract provided.

Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson

DOUGLAS J HENDERSON

The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.

Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger

Beau James Brock

The Fourth Amendment must be protected from police excesses. Now, law enforcement is relying upon the most hyper-technical of violations to stop a vehicle. Both attorneys and judges must guard against the temptation that the ends will justify the means, only to find out later we sold out our freedom to the golden calf of drug interdiction.

‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson

Richard J. Wilson

No abstract provided.

War Crimes Trials -- Not A Good Idea, Herman Schwartz

Herman Schwartz

No abstract provided.

Prosecuting Sexual Violence In Correctional Settings:Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime M. Yarussi

Brenda Smith

No abstract provided.

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher

Diane Orentlicher

No abstract provided.

Sexual Assault Issues Before The War Crimes Tribunal, Diane Orentlicher

Diane Orentlicher

No abstract provided.

International Justice Marks Its Fifteenth Anniversary: A Preliminary Assessment Of The Icty’S Impact In Serbia, Diane Orentlicher

Diane Orentlicher

No abstract provided.

Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana , Diane F. Orentlicher

Diane Orentlicher

No abstract provided.

Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones

Cynthia E. Jones

No abstract provided.

Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber

Ellen M. Weber

States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …

Reliability And Relevance As The Touchstones For Admissibility Of Evidence In Criminal Proceedings, Siyuan Chen, Nicholas Poon

Siyuan CHEN

The Court of Appeal in Muhammad bin Kadar v PP [2011] 3 SLR 1205 (“Kadar”) formally recognised the judicial discretion to exclude evidence as an integral part of the law on criminal evidence in Singapore. This discretion, the court held, would help ensure that all evidence coming before the court would be as reliable as possible. While this commentary agrees that the foundational basis for the exclusionary discretion doctrine is desirable, it suggests that there are difficulties with the application of the doctrine. An alternative approach that works around the difficulties is canvassed for consideration.

Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews

Angela Crews

Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …

Knowledge And Possession Under The Misuse Of Drugs Act, Siyuan Chen, Nathaniel Khng

Siyuan CHEN

When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …

The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton

Ira P. Robbins

No abstract provided.

Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir

Barlow F. Burke

No abstract provided.

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

Robert L Tsai

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …

Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir

Elizabeth Boals

No abstract provided.

Derecho Penal, Derechos Humanos Y Crímenes De Lesa Humanidad. Observaciones Críticas A La Sentencia De La Sala Penal Permanente De La Corte Suprema En El Caso Del Grupo Colina, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.

Handbook Of Comparative Criminal Law [Book Review], Siyuan Chen

Siyuan CHEN

Imagine gathering the views of some of the leading criminal law academics from around the world – traversing 16 countries, 6 continents, and 5 different legal systems, to be precise – by way of essays designed to provide an introductory framework for almost all of the major criminal law systems in the world to be compared and contrasted. This 660-page book is supposed to be a compelling manifestation of that imagination, and indeed is touted as a first of its kind in terms of the depth and breadth in coverage.

Prosecutorial Discretion Revisited, Siyuan Chen

Siyuan CHEN

Quek Hock Lye is the latest of three very recent Court of Appeal decisions that addresses the constitutional challenge against the exercise of prosecutorial discretion in the context of the Misuse of Drugs Act (the other two decisions being Ramalingam Ravinthran v Attorney General and Yong Vui Kong v Public Prosecutor). In Quek Hock Lye, the appellant Q was convicted of participating in a criminal conspiracy with W and S to traffic in not less than 62.14 grams of diamorphine (thus attracting the mandatory death penalty). Before Q’s trial began, W had pleaded guilty to a separate charge of possession …

The Prosecutor As Minister Of Justice: Preaching To The Unconverted From The Post-Conviction Pulpit, Daniel S. Medwed

Daniel S. Medwed

This Article, which is part of a symposium on prosecutorial ethics, urges for a fuller realization of the minister of justice ideal for prosecutors in the post-conviction process where the factual innocence of a criminal defendant is in question. Specifically, to truly effectuate the minister of justice goal, prosecutors should take a more active part in rectifying wrongful convictions by considering the formation of internal post-conviction review boards or "innocence units" geared toward ferreting out potential wrongful convictions and assisting in presenting them to courts. Part I of this Article discusses the minister of justice ideal for prosecutors, as articulated …

Beyond Biology: Wrongful Convictions In The Post-Dna World, Daniel S. Medwed

Daniel S. Medwed

Post-conviction DNA testing first exonerated an innocent prisoner nearly twenty years ago. During this period, we have learned many lessons from the 200 subsequent DNA exonerations, including insight into the factors that led to those wrongful convictions at trial and the procedural obstacles that can make it difficult for inmates whose cases contain biological evidence to procure DNA testing after conviction. Yet, as I have often written in the past, these exonerations are just the tip of the proverbial innocence iceberg. As a threshold matter, very few criminal investigations result in the collection of biological evidence whatsoever; over time, moreover, …