Criminal Law Commons^™

Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart

Gideon M. Hart

Over the past eight years, the use of military commissions at Guantanamo Bay has thrust this rarely used military venue into the forefront of public attention. Legal scholars have increasingly looked to the history of the commissions when addressing the debates over the proper and appropriate manner for their use. Despite this heightened interest in the history of these tribunals, scholars and commentators have assumed the underlying jurisdiction of commissions to try violations of the laws of war, devoting little attention to this topic. Contrary to various assumptions, military commissions have not always had jurisdiction over violations of the laws …

Lessons Of Disloyalty In The World Of Criminal Informants, Michael L. Rich

Michael L Rich

Without informants, policing would grind to a halt. The majority of drug and organized crime prosecutions hinge on the assistance of confidential informants, and white collar prosecutions and anti-terrorism investigations increasingly depend on them. Yet society by and large hates informants. The epithets used to describe them – “snitch,” “rat,” and “weasel,” among others – suggest the reason: the informant, by assisting the police, is guilty of betrayal. And betrayal is, in the words of George Fletcher, “one of the basic sins of our civilization.” But identifying disloyalty as the reason for society’s disdain raises more questions than it answers. …

Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo

Richard A. Leo

Many cases could not be successfully prosecuted without a confession, and, in the absence of a confession, many would be much more costly to investigate and to develop other evidence sufficient to convict. Responding to this pressure to reliably elicit confessions from their suspects, the police have developed sophisticated psychological techniques to accomplish two goals: to induce suspects to submit to questioning without an attorney, and to induce them to confess. Unfortunately, these methods are sufficiently powerful to induce false as well as true confessions and to render them involuntary. Further, because they are based upon often subtle, yet sophisticated …

Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock

Beau James Brock

The criminal negligence standard under the Clean Water Act should be one of gross negligence and not merely ordinary negligence and the United States Fifth Circuit Court of Appeals should not be tested on this point of law as it will disagree with the previous findings of the Ninth and Tenth Circuits.

Protecting Our Most Vulnerable Communities: Louisiana Wastewater Infrastructure Recovery, Beau James Brock, Peggy Hatch, Vladimir Alexander Appeaning Ph.D.

Beau James Brock

This article discusses how the Louisiana DEQ accepted the moral test of government, and after laying a foundation for success, was able to implement its own pragmatic populist policy for infrastructure recovery by establishing its own model for community sustainability and enabling the state to answer the call for social justice through direct action for citizens.

How To Plan & Execute Your Own Charity Tennis Event: The Aquinas League Model, Beau James Brock, H. Barry Searles

Beau James Brock

Aquinas League is a volunteer community organization whose goal has been to plan and execute community tennis fund-raisers over the past eight years in Baton Rouge, Louisiana. During this period, Aquinas League has organized over twenty events and our community has risen over $1 million dollars in net donations for area charities Hopefully through this guide, you and your committee can pick some helpful points to enhance your event. The revenue and quality of each part of your tournament should be viewed as a showcase for the marketing of the next year’s event. The best sales tool we can offer …

The Bayou Defense: Ten Steps To Club Doubles Dominance, Beau James Brock

Beau James Brock

This article is intended to help club players from 2.5 all the way to 4.5. The ideas expressed focus on court positioning and mental tennis tips which will lead to countless victories regardless of the partner you are playing with and regardless of the opponents you face.

Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano

Germán M. Teruel Lozano

GENERAL NOTES ABOUT THE FREEDOM OF SPEECH IN INTERNET: This paper presents an overview of how Internet has revolutionized the setting of freedom of speech. In particular, it is focused in to main aspects: On one hand, the delimitation of freedom of expression in the new media, differentiating in particular between web pages dedicated to the dissemination of information, protected by the freedom of speech; and those that are intended to provide other telematics services, which should not have this protection. Secondly, it is also studied the legal status of this freedom when it is exercised through Internet.

Introductory Note For The International Criminal Court.Pdf, Susana L. Sacouto

Susana L. SáCouto

Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs.Pdf, Susana L. Sacouto

Susana L. SáCouto

The Katanga Complementarity Decisions.Pdf, Susana L. Sacouto

Susana L. SáCouto

What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell

Caroline A Forell

In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on …

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman

Deborah M. Weissman

The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …

“Intelligence” Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Robert C. Power

No abstract provided.

Determination Of Starting Sentences In Israel—System And Application, Oren Gazal-Ayal, Ruth Kannai

Oren Gazal-Ayal

The Israeli Penal Law Bill (Amendment No. 92, Structuring Judicial Discretion in Sentencing) 5766-2006 proposes that a committee be set up to establish sentences that will serve as starting points for judges in their sentencing deliberation (starting sentences). The Israeli Minister of Justice asked the authors to propose starting sentences for three prevalent serious offences in order to show the Knesset (the Israeli parliament) the methodology of determining such starting sentences and to help facilitate the debate about the consequences of these new guidelines. The ministers intended the Knesset to legislate these proposed starting sentences in the appendix to the …