Criminal Law Commons^™

Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla

University of Miami Inter-American Law Review

46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …

Peraturan Mahkamah Agung Republik Indonesia Nomor 13 Tahun 2016 Tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi; Solusi Sementara Upaya Meminta Pertanggungjawaban Pidana Korporasi, Wahyu Prestianto

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The desire of the community so that corporations in Indonesia can be held liable today seems to have been granted with the imposition of crimes against several corporations in Indonesia. This was realized with the issuance of the Indonesian Supreme Court Regulation No. 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations that is said have filled the vacuum of Indonesian criminal procedure law, which had been said to be an inhibiting factor in corporate action by law enforcement officials. It is important to discuss what are the obstacles to the prosecution process of the corporation and whether …

Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran

UC Irvine Journal of International, Transnational, and Comparative Law

Not a day goes by without a sensationalist report on the travails of modern

slaves, be it the saga of Indian teenagers trafficked into sex work as depicted in the

Hollywood movie Love Sonia, or workers trafficked into the UK’s nail bar and car

wash shops, or the 2018 Global Slavery Index released by the Walk Free

Foundation founded by mining magnate Andrew Forrest which estimates that there

are 40.3 million modern slaves around the world. Anti-slavery groups remind us

that modern slavery afflicts almost everything that we consume on a day-to-day

basis. This includes basic commodities like tea, sugar, …

International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit

UC Irvine Journal of International, Transnational, and Comparative Law

Prison standards are an important element of transnational criminal

justice. This Article shows how legal standards governing prison conditions

emerged at the international and regional levels and considers how,

increasingly, they have gained legitimacy. It then describes how these

standards are applied in a way that contributes to a recognizable

transnational legal order in respect of prison conditions, which has real

impact at the national level. The Article pays close attention to the transfer

of prisoners between states, as a mechanism that operates transnationally

and, in the process, enhances the importance of international prison

standards. It concludes that the benefits …

Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory

UC Irvine Journal of International, Transnational, and Comparative Law

To date, “transnational criminal law” has been the dominant

paradigm for explaining and mapping rules on corruption in the

international legal literature. Transnational criminal law is presented as a

system of law descending from multilateral crime control treaties or a field or

order that emerges through international political processes of regime

formation. Transnational criminal lawyers identify and describe cross-border

legal rules, and seek to evaluate them against liberal norms of democratic

governance and individual civil and political human rights. This Article

details the limits of transnational criminal conceptions of “anticorruption”

through a study of proposed changes to Australian laws on …

A Comparative Empirical Study Of Negotiation In Criminal Proceedings Between Brazil And The United States Of America, Ricardo Gueiros Bernardes Dias

University of Baltimore Journal of International Law

The present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of …

Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass

Loyola of Los Angeles Law Review

Autonomous weapons are increasingly used by militaries around the world. Unlike conventional unmanned weapons such as drones, autonomous weapons involve a machine deciding whether to deploy lethal force. Yet, because a machine cannot have the requisite mental state to commit a war crime, the legal scrutiny falls onto the decision to deploy an autonomous weapon. This Article focuses on the dual questions arising from that decision: how to regulate autonomous weapon use and who should be held criminally liable for an autonomous weapon’s actions. Regarding the first issue, this Article concludes that regulations expressly limiting autonomous weapon use to non-human …

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.

The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh

Brooklyn Journal of International Law

More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.

This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …

Peace Versus Justice, Richard J. Goldstone

Nevada Law Journal

No abstract provided.