Criminal Law Commons^™

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.

Diversion Of Offenders With Mental Disorders: Mental Health Courts, Sarah Ryan, Darius Whelan

Darius Whelan

At present, if people with mental disorders appear before the criminal courts in Ireland, unless they are unfit for trial or not guilty by reason of insanity, the system governing their case will be the general one which applies to all criminal cases. In recent decades, a number of other common law jurisdictions have begun to set up mental health courts as a means of diverting some people with mental disorders from the criminal justice system and into more appropriate treatment. This article begins with a review of the background to mental health courts, focusing on the concept of diversion …

The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

The criminal justice system is complex. It is also bureaucratic by design and has evolved over the years from simple unstructured peacekeeping units to the large complex crime-fighting system that it is today. Many of those who work within it find it challenging and unwieldy. Many of those who are accused of an offense find it confusing and intimidating. This goes for citizens and foreigners whether they are competent in the English language or not. For most members of ethnic minority groups, the experience can be harrowing and often fatal.

California Supreme Court To Decide Whether Ecstasy Is A Controlled Substance After The Court Of Appeal Struggles With Statutory Construction And "Common Sense", Kevin P. Chapman

Kevin P. Chapman

California is one of only four states whose drug laws do not specifically include the chemical compound that creates the club drug 'Ecstasy.' This omission has caused a great deal of confusion in the trial court about what evidence is necessary to prove that Ecstasy is an illegal drug.

This confusion has spilled over into the Court of Appeal. In two cases decided less than two months apart, two separate panels of the Court of Appeal arrived at completely opposite constructions of the same statute – allowing one defendant to go free while the other was sent to county jail …

Something Smells Rotten: The Practical Consequences Of Bad Epistemology In The Context Of Drug Sniffing Dogs., George Souri

George Souri

This paper examines the practical consequences of most courts' rational, rather than empirical, epistemology in the context of drug-sniffing dogs. Using the case of Florida v. Harris, this paper criticizes the unscientific attitude of many courts, and argues that, by employing a purely rational epistemology to justify the use of drug-sniffing dogs to establish probable cause, the Court impedes the Constitution's skepticism of, and protection from, arbitrary government intrusions. The paper concludes by proposing a new empirical standard based on the Daubert factors.

Is Plea Bargaining In The "Shadow Of Trial" A Mirage?, Allison D. Redlich

Allison D Redlich

No abstract provided.

Is Diversion Swift?: Comparing Mental Health Court And Traditional Criminal Justice Processing, Allison D. Redlich, Siyu Liu, Henry J. Steadman, Lisa Callahan, Pamela C. Robbins

Allison D Redlich

No abstract provided.

Voluntary, Knowing, And Intelligent Pleas: Understanding Plea Inquiries, Allison D. Redlich

Allison D Redlich

No abstract provided.