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

Criminal Law Commons

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

24,430 Full-Text Articles 14,511 Authors 14,757,944 Downloads 258 Institutions

All Articles in Criminal Law

Faceted Search

24,430 full-text articles. Page 1 of 447.

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello 2021 Merrimack College

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...


An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella 2021 Merrimack College

An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella

Criminology Student Work

d/Deaf and Hard of Hearing individuals have faced substantial discrimination when it comes to education, healthcare, and employment. This paper argues that discrimination in our criminal justice system is likely no exception. Previous research has shown that d/Deaf and Hard of Hearing inmates are treated unequally while serving time in prison (Vernon, 2010). Rather than using proactive measures to provide appropriate resources within prison, correctional facilities within the U.S. tend to be reactive to the claims of d/Deaf and Hard of Hearing inmates once they are released from prison. There is no literature that I am ...


The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens 2021 Merrimack College

The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens

Criminology Student Work

Forensic interrogation is a vital step in the process of criminal investigations in order to extract information about suspects and the crime at hand. However, tunnel vision, artificial time constraints, lack of thorough training, and noble-cause corruption can influence how an investigator decides to interrogate a suspect or witness. When these influences are exerted on an investigator, the need to secure an arrest and conviction overpowers the need for justice - this results in false confessions and wrongful convictions. This is otherwise known as “the end doesn't justify the means” mindset. This causes investigators to engage in unethical interrogations, whether ...


The Scope Of The Digital Classifications' Criminal Protection A Comparative Study Of Arab Laws To Protect Copyright, Mohammed Hammad AL Hiti 2021 Faculty of Law University of the Kingdom - Bahrain

The Scope Of The Digital Classifications' Criminal Protection A Comparative Study Of Arab Laws To Protect Copyright, Mohammed Hammad Al Hiti

Journal Sharia and Law

The research has revealed that the scope of the criminal protection of digital classifications include computer programs and databases; however, legislations agree with respect to the first type and differ with respect to the second. The scope of criminal protection of computer programs include all their forms and types. However, the scope of criminal protection of databases is limited to innovation. The study discusses this limited scope and recommends the necessity of legislation clarifying said protection.


The Presumption Of Conviction In Criminal Legislation: A Comparative Study, Mohamad Nawaf Alfawareh 2021 Faculty of Law, Al-Albait University, Jordan

The Presumption Of Conviction In Criminal Legislation: A Comparative Study, Mohamad Nawaf Alfawareh

Journal Sharia and Law

It is known that the accused is innocent until proven guilty by a final judicial decision providing that the claimant submits evidence that he/she is innocent. The above comes as a result of the presumption of the innocence principle that is applicable in most international and national laws. However, the former principle is not absolute; the comparative criminal legislation created an exception to this principle which is designed to exchange roles and make some of the burden of proving the facts rest with the defendant, in the sense that the accused is convicted until he proves his/her innocence ...


The Role Of Law In The Legalization Of Criminality, Rana Aloutor 2021 College of Law - University of Sharjah

The Role Of Law In The Legalization Of Criminality, Rana Aloutor

Journal Sharia and Law

It is understood that criminal law is based on the principle of legality; the law determines the criminalization and punishment. The question arises: can law play a role in allowing criminality? What is that role? This research is to address this topic and answer the question within the scientific method depends on a comparative study between a number of criminal legislations in the Arab world and French law then indicate the reasons for private and public justification. The law has taken a very large meaning in the decriminalization of offences and their justification. This meant that the double concept of ...


Reimagining Criminal Justice: In Defense Of Self-Defense, Jude Diebold 2021 Golden Gate University School of Law

Reimagining Criminal Justice: In Defense Of Self-Defense, Jude Diebold

Reimagining Criminal Justice

Since the Louisville, Kentucky police killed Breonna Taylor in the middle of the night in her own apartment, the United States has seen an uptick in protests against racially motivated police violence. However, the officers responsible for her death have not been criminally charged, in part because her boyfriend, unaware that police were entering the apartment in the middle of the night, shot one of the officer’s in the leg, “justifying” the next six rounds that were shot by the police and ultimately killed an innocent woman during the botched police raid.

As if this was not outrageous enough ...


The Criminal Complicity An Analytical Study According To The Roman Law, Elsayed Ahmed Badawy 2021 Faculty of Law University of Mansoura - Egypt

The Criminal Complicity An Analytical Study According To The Roman Law, Elsayed Ahmed Badawy

Journal Sharia and Law

The focus of this study is on the criminal complicity in the Roman law. The study is divided into three chapters. In Chapter One, we discuss the moral criminal complicity, while Chapter Two covers the material criminal complicity. Chapter Three explains the provisions provided in this law, concerning the accomplice liability and the punishment consequences that the accessory accomplice is subject to because of his association with the principal accomplice in committing the crime. The main conclusion of this paper is as follows:

  1. The Roman penal legislations had confronted the criminal complicity because of its criminal seriousness, although this was ...


Guarantees Of Arrest Before The Prosecutor In Accordance With The Amended Code Of The Criminal Procedure # 19 (2009) Of Jordan, M’amoun Abu-Zeitoun, Moayyad Mohamed Al Qudat 2021 ASSOCIATE PROFESSOR-law- Criminal Law sharjah Unvirsity

Guarantees Of Arrest Before The Prosecutor In Accordance With The Amended Code Of The Criminal Procedure # 19 (2009) Of Jordan, M’Amoun Abu-Zeitoun, Moayyad Mohamed Al Qudat

Journal Sharia and Law

According to the Jordanian Procedural Criminal Code No 19 year 2009, several conditions are required for legal detention. These include interrogation of the suspect after the commission of a felony or a misdemeanor, the existence of material evidence which ties the suspect to the alleged crime. And for the purpose of exploring such conditions, the paper is divided into two sections. In the first section, the conditions relating to the interrogation and evidence are dealt with, and the second section explores the conditions concerning the type of crime. Concerning the criminal interrogation, it was shown that such procedure is not ...


The Beginning Of The End: Abolishing Capital Punishment In Virginia, Alexandra L. Klein 2021 Washington and Lee University School of Law

The Beginning Of The End: Abolishing Capital Punishment In Virginia, Alexandra L. Klein

Washington and Lee Law Review Online

When thinking about the history of capital punishment in the United States, I suspect that the average person is likely to identify Texas as the state that has played the most significant role in the death penalty. The state of Texas has killed more than five hundred people in executions since the Supreme Court approved of states’ modified capital punishment schemes in 1976. By contrast, Virginia has executed 113 people since 1976.

But Virginia has played a significant role in the history of capital punishment. After all, the first recorded execution in Colonial America took place in 1608 at Jamestown ...


The Right To Counsel At The Stage Of Preliminary Investigation; A Comparative Study, Saif Ibrahim Al-Masarweh 2021 Faculty of Law, Mo’ta University, AlKurk, Jordan.

The Right To Counsel At The Stage Of Preliminary Investigation; A Comparative Study, Saif Ibrahim Al-Masarweh

Journal Sharia and Law

The right to counsel is regarded as a constituent of the right to fair trial since it plays a crucial role in assisting the defendant to prove his innocence and expose the truth. Although the right to have the assistance of counsel at the trial stage has been constitutionally recognized in most countries, it is still uncertain whether or not the person, who is suspected of, investigated for or accused of a crime has the right to be assisted by counsel during the preliminary investigation stage. As such, this study aims to shed light on the right to assistance of ...


Penalty For Public Benefit In The Algerian Legislation, Bassim Shehab 2021 Ibn Badis University, Algeria

Penalty For Public Benefit In The Algerian Legislation, Bassim Shehab

Journal Sharia and Law

The work for public benefit is one of the alternative systems of punishment which is adopted by some legislation, including the Algerian legislator by Act. No 01-09 issued on 25/02/2009 amending the penal code, and this system which is called by the Algerian legislature “penalty", represents an important turning point in punitive policy, as for the first time the work is done by sentencing. This system has many of advantages particularly with regard to the alleviation of the problems of penal institutions. Furthermore, it provides more funds and efforts. The application of penalty “work for public benefit " cannot ...


Proof Of Crime: Scientific Evidence, Mutaasim Khamis Mushaasha 2021 Faculty of Law, University of AL- Albayt.

Proof Of Crime: Scientific Evidence, Mutaasim Khamis Mushaasha

Journal Sharia and Law

It is not possible to deny the effects of scientific and technological developments on the penal law, in particular when it comes to the criminal proof theory. The principle of freedom of proof, which is the essential foundation of this theory, allows the use of broad scientific evidence in the penal proof. However, such use also represents a significant challenge when the result of the prejudice of some procedural principles guarantees a fair trial. The balance between the interests of society in the fight against crime and the interests of the individual to have the fundamental rights to be protected ...


Criminal Responsibility Of The Doctor: Critical Assessment Study Of The Rules Of Public And Private In Both The Jordanian And Uae Laws, Moayyad Mohamed Al Qudat, Mamun Mohamed Abu Zaytoun 2021 College of Law, UAE University

Criminal Responsibility Of The Doctor: Critical Assessment Study Of The Rules Of Public And Private In Both The Jordanian And Uae Laws, Moayyad Mohamed Al Qudat, Mamun Mohamed Abu Zaytoun

Journal Sharia and Law

There is no special law regulating criminal liability of doctors in Jordan, and therefore such liability is governed by the general rules as stated in the Jordanian Penal Code 1960 No 16 (JPC), which apply to all types of offenders regardless of their professions. As the nature of medical professions and practices entails the enactment of a special law setting the relevant legal rules by which doctors criminal liability should be governed, this paper seeks to provide an evaluative, critical and comparative study of the current laws of Jordan and United Arab Emirates (UAE) on this issue. Central to the ...


The Criminal Protection Of Professional Secrets; A Comparative Analysis Of The Uae Federal Penal Code And The Egyptian Penal Code., Ahmed Farooq Zaher 2021 Faculty of Law - University of Sharjah-UAE

The Criminal Protection Of Professional Secrets; A Comparative Analysis Of The Uae Federal Penal Code And The Egyptian Penal Code., Ahmed Farooq Zaher

Journal Sharia and Law

As a principle, confidentiality is a duty provided by rules of public morality and required by the principles of honesty and integrity. Disclosure of a confidential act is totally refused by the rules of ethical conduct. However, the legislature did not criminalize all cases of disclosure. In fact, the legislature only criminalizes the disclosure of the secrets which were deposited with the professions they assume their customers having to deposit their secrets to them. In addition, there is a link between the secret and practice of the profession, i.e., professional secret. Through the study of comparative analysis of the ...


Application, With Immediate Effect, Of The Organization And The Jurisdiction Rules In Criminal Courts, Bashher Zaghlool Zaghlool, Anwar Mohamed Al Massaada 2021 Assistant Professor of criminal law, Cairo University, Egypt.

Application, With Immediate Effect, Of The Organization And The Jurisdiction Rules In Criminal Courts, Bashher Zaghlool Zaghlool, Anwar Mohamed Al Massaada

Journal Sharia and Law

The time scale of criminal law rule is determined according to its beginning moment and its end moment. The problem which arises is validity of these rules in terms of time when several rules dealing with the same subject come into force respectively. This issue arises specifically in a limited period of time between the date of the crime committed and the date of the final judgment issued. The rules of criminal jurisdiction organize procedural matter related to criminal courts, criminal jurisdiction and public persecution. Because of its procedural nature, they are subject to the immediate effect principle which governs ...


Reimagining Criminal Justice: What Good Has Come From The 'Good' Faith Exception?, Yasamin Elahi-Shirazi 2021 Golden Gate University School of Law

Reimagining Criminal Justice: What Good Has Come From The 'Good' Faith Exception?, Yasamin Elahi-Shirazi

Reimagining Criminal Justice

On March 13, 2020, Breonna Taylor settled into bed with her boyfriend Kenneth Walker after she finished working back-to-back shifts as an emergency room technician in Louisville, Kentucky. At around 12:30 a.m., the couple heard banging coming from their front door, they asked who was at the door. They heard no response. Suddenly, the front door “flies off its hinges” and armed men began to enter their apartment. Walker, a licensed gun owner, fired at the intruders, shooting one in the leg, to protect himself and Ms. Taylor from unknown intruders.

The intruders returned fire, with around thirty ...


Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel 2021 Duke Law

Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel

Duke Law & Technology Review

The 9/11 terrorist attacks brought on financial losses that caused insurers and Congress to reevaluate how the United States approaches terrorism risk coverage. Congress quelled concerns of insurers evading coverage of future terrorist attacks by enacting the Terrorism Risk Insurance Act in 2002. This Note considers the difficulties presented by the out-of-date language employed by Congress in 2002 and proposes amendments so that the Act more clearly covers acts of cyberterrorism, which are ever-growing in their destructive potential.


Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa otani 2021 Faculty of Law University of Damascus

Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa Otani

Journal Sharia and Law

The aim of this study is to highlight the problem of divergence between the principles established in the legal conscience related to minimizing state intervention in enforcing punishment, and the current expansion of the Criminal Law. This problem caused contemporary jurisprudence to sound the alarm that the consequences will be serious, and there is an urgent need to draw new boundaries for the criminal policy under which the Criminal Law operates. Rationalization of punishment is one of the guiding principles which advocate non-excessive use of punitive means to achieve social control, and the pursuit of alternative ways of fighting crimes ...


Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov 2021 Academy of the General Prosecution office

Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov

ProAcademy

The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime abroad ...


Digital Commons powered by bepress