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Criminal Procedure

2012

Articles 1 - 9 of 9

Full-Text Articles in Other Law

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola May 2012

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …

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Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek Mar 2012

Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek

Pepperdine Dispute Resolution Law Journal

Ho'oponopono is a traditional Hawaiian dispute resolution system that has recently experienced a resurgence of interest. The word ho'oponopono literally means to make right. In this system, both the offender and victim participate in a type of guided mediation along with other stakeholders in the offense. Ho'oponopono is different from typical mediations because after the session is successfully completed, the participants figuratively cut the cord of legal and psychological entanglement which binds them - in other words, the dispute is put to rest forever. When victim and offender come to a true resolution of the problem, and jointly make the …

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Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon Mar 2012

Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon

Pepperdine Dispute Resolution Law Journal

Because the painful experience of shame is believed to deter anti-social and criminal conduct, it has long been a staple of our criminal justice system. Its purpose has been to accomplish moral education about the wrongfulness of the crime and to prevent its occurrence through social and self-disapproval. In criminal ADR or "restorative justice" circles, the beneficial effects of "reintegrative" shame are meant to be accomplished by a "restorative justice conference" or "victim-offender mediation" ("VOMS"). These VOMs bring together victims and their loved ones; offenders and their friends and family; and, caring members of the community for the purpose of …

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The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper Mar 2012

The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper

Pepperdine Dispute Resolution Law Journal

Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …

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Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo Mar 2012

Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo

Pepperdine Dispute Resolution Law Journal

In 2005, the United States Supreme Court held, in Roper v. Simmons, that the execution of convicted juveniles violated the Eighth Amendment's prohibition on cruel and unusual punishment. In addressing the issue, the Court determined that a national consensus had developed against the execution of juveniles. Ultimately, a majority of the court decided that a national public consensus had been reached against the execution of juveniles under 18 in age. With Roper, no longer can juveniles of any age be executed. This decision will undoubtedly affect the entire juvenile penal system, from how cases enter the system, to …

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Meet Me On Death Row: Post-Sentence Victim-Offender Mediation In Capital Cases, Rachel Alexandra Rossi Mar 2012

Meet Me On Death Row: Post-Sentence Victim-Offender Mediation In Capital Cases, Rachel Alexandra Rossi

Pepperdine Dispute Resolution Law Journal

Since the 1970's, victim-offender mediation (VOM) has increased in use, most commonly with minor offenses. More recently, VOM has been sparingly applied to serious and violent crimes, including "rape, vehicular homicide, attempted homicide, and murder." Death penalty cases have rarely been the focus of restorative justice or VOM, likely because the victim has died and the offender will soon be executed, and these two parties are traditionally the focus of restorative justice. However, while capital cases involve unique concerns and issues, VOM can still be applied in these cases. The process would only require some modification of the focus and …

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The Defense Attorney As Mediator In Plea Bargains, Gabriel Hallevy Feb 2012

The Defense Attorney As Mediator In Plea Bargains, Gabriel Hallevy

Pepperdine Dispute Resolution Law Journal

In this article, it will be argued that defense counsel's function in negotiating plea bargains is identical to that of a mediator, seeking to reconcile the positions of the defendant and the prosecution. Within this framework, the plea bargain should be seen as part of the broad conception of Alternative Dispute Resolution (ADR) which first made its appearance at the end of the 1970s. An analysis of plea bargains in the Western world as part of the broader concept of ADR actually shows that it is the defense attorney, rather than the court or the other parties to the issue, …

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Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee Jan 2012

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

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Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler Jan 2012

Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler

Christopher J. Truxler

Historically, crime victims served as policemen, investigators, and private prosecutors, and were regarded as law enforcement’s most dependable catalyst. The Crime Victim’s Rights Act of 2004 grants crime victims eight substantive and procedural rights and breathes new life into the common law idea that crime is both a public wrong and a private injury. The Act has, however, elicited ardent criticism. Opponents contend that the Act is both bad policy and, most likely, unconstitutional. Without commenting on the Act’s policy or constitutionality, this Note places the Crime Victims’ Rights Act within a broader historical context where victims’ needs can be …

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