Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure

None

2015

Articles 1 - 5 of 5

Full-Text Articles in Criminal Law

Discovery And Adequate Plea Colloquys, R. Michael Cassidy Nov 2015

Discovery And Adequate Plea Colloquys, R. Michael Cassidy

R. Michael Cassidy

Presentation at a conference sponsored by Fair Trials International in Washington, D.C.

Go to article

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson Sep 2015

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in …

Go to article

Panelist, Wrongful Conviction And The Dna Revolution: 25 Years Of Freeing The Innocent, Robert Bloom Sep 2015

Panelist, Wrongful Conviction And The Dna Revolution: 25 Years Of Freeing The Innocent, Robert Bloom

Robert M. Bloom

No abstract provided.

Go to article

Fitness To Plead In Queensland's Youth Justice System: The Need For Pragmatic Reform, Suzanne O'Toole, Jodie O'Leary, Bruce Watt Mar 2015

Fitness To Plead In Queensland's Youth Justice System: The Need For Pragmatic Reform, Suzanne O'Toole, Jodie O'Leary, Bruce Watt

Bruce Watt

Although research indicates that juveniles should be found unfit to plead at a greater rate than adults, that is not the case in Queensland. This article presents data from a research project designed to explore potential reasons for this anomaly.The data from that project revealed that the main reason rests with legal practitioners who decide not to raise unfitness. Such a decision is usually either due to jurisdictional constraints or other strategic or pragmatic concerns. In this article, it is argued that the law on fitness to plead in Queensland is in need of reform to combat such practice. The …

Go to article

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid Dec 2014

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

No abstract provided.

Go to article