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The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas 2010 University of Miami School of Law

The American Inquisition: Sentencing After The Federal Guidelines, Ricardo J. Bascuas

Articles

No abstract provided.


Strategic Enforcement, Margaret H. Lemos, Alex Stein 2010 Duke Law School

Strategic Enforcement, Margaret H. Lemos, Alex Stein

Faculty Scholarship

No abstract provided.


Responding To Gun Crime In Ireland, Liz Campbell 2009 University of Aberdeen

Responding To Gun Crime In Ireland, Liz Campbell

Liz Campbell

From stereotypical views of Ireland as a peaceful and ‘low crime’ society, the media and policy makers now report the worsening of gun crime, in particular crimes of homicide committed by firearm. Despite this sometimes hyperbolic popular commentary, serious and fatal gun crime has indeed increased. In reacting through extraordinary legal measures, the Irish state adopts an unduly narrow perspective, predicated on a rational actor model; what this paper seeks to do is put forward two more profitable and persuasive means of analysis, by focusing on social deprivation and the expression of masculinity.


The Scottish Dna Database And The Criminal Justice And Licensing (Scotland) Bill, Liz Campbell 2009 University of Aberdeen

The Scottish Dna Database And The Criminal Justice And Licensing (Scotland) Bill, Liz Campbell

Liz Campbell

In Scotland, at present, DNA samples may be obtained from anyone arrested, and then retained indefinitely after conviction in the criminal courts and for limited periods following acquittal for certain serious offences. The Criminal Justice and Licensing (Scotland) Bill proposes to extend this to allow retention of DNA data obtained from children who have committed sexual or violent offences and who are being dealt with by the children’s hearings system. The Bill will also articulate explicitly the permitted uses of retained DNA data. This note comments on the problematic aspects of these proposals.


Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan 2009 Faculty of Law, University of Haifa

Let My People Go: Ethnic In-Group Bias In Judicial Decisions – Evidence From A Randomized Natural Experiment, Oren Gazal-Ayal, Raanan Sulitzeanu-Kenan

Oren Gazal-Ayal

Does ethnic identity affect judicial decisions? We provide new evidence on ethnic biases in judicial behavior, by examining the decisions of Arab and Jewish judges in first bail hearings of Arab and Jewish suspects in Israeli courts. Our setting avoids the potential bias from unobservable case characteristics by exploiting the random assignment of judges to cases during weekends, and by focusing on the difference in ethnic disparity between Arab and Jewish judges. The study concentrates on the early-stage decisions in the judicial criminal process, controlling for the state's position, and excluding agreements, thereby allowing us to distinguish judicial bias ...


The Recovery Of ‘Criminal’ Assets In New Zealand, Ireland And England: Fighting Organised Crime In The Civil Realm, Liz Campbell 2009 University of Aberdeen

The Recovery Of ‘Criminal’ Assets In New Zealand, Ireland And England: Fighting Organised Crime In The Civil Realm, Liz Campbell

Liz Campbell

This article considers the recent introduction of the Criminal Proceeds (Recovery) Act 2009 in New Zealand, and compares it with the established processes of civil asset recovery in Ireland, England and Wales. Salient differences between the models are examined, including the more expansive definitions in Ireland. The paper posits that the recovery process in these three jurisdictions in fact is a criminal one which merits the adoption of due process rights, given the promotion of the aims of punishment, the centrality of the targeted individual’s culpability, and the powers of the agencies involved. However, the extant jurisprudence in Ireland ...


The Expansion Of The Criminal Law Of The Enemy In The Us Legal System., Héctor Zayas Gutiérrez 2009 The University of Michigan Law School

The Expansion Of The Criminal Law Of The Enemy In The Us Legal System., Héctor Zayas Gutiérrez

Héctor Zayas Gutiérrez

The purposes of this presentation are to (1) elucidate main principles of the Criminal Law of the Enemy Theory, (2) explain how the criminal law of the enemy has been adopted and expanded in the US legal system, and (3) give a quick glimpse to some comparative law examples on the Criminal Law of the Enemy Theory applications. Criminal Law of the Enemy, Enemy Criminal Law, Derecho Penal del Enemigo.


Criminal Law In Ireland: Cases And Commentary, Liz Campbell 2009 University of Aberdeen

Criminal Law In Ireland: Cases And Commentary, Liz Campbell

Liz Campbell

Criminal Law: Cases and Commentary is a new book from Clarus Press designed to help law students to understand the fundamental rules, principles and policy considerations that govern the criminal law in Ireland. It attempts to address a comprehensive range of issues including, the definition of a crime, its various classifications, the imposition of liability, the range of substantive criminal law offences, the procedural rules that shape the pre-trial and trial processes and the possible defences that may arise. It provides students with a broad range of perspectives including formal case law, statutory and constitutional provisions, academic commentaries and Law ...


Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug 2009 Lund University, Faculty of Law

Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug

Ulf Maunsbach

No abstract provided.


Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume 2009 Columbia Law School at Catholic University

Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume

Don R Berthiaume

How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed ...


Commentary On Predicting Crime, Tom Bell 2009 Chapman University, Fowler School of Law

Commentary On Predicting Crime, Tom Bell

Tom W. Bell

The market mechanisms proposed in Predicting Crime offer many virtues. The authors describe several of these—unbiased information collection; incentives that encourage disclosure; opinions weighted by conviction; information aggregation; instantaneous and continuous feedback—and convincingly argue that these structural features stand to help prediction markets outperform alternative institutions in forecasting the interplay of crime rates and crime polices. In that, Predicting Crime adopts an economic point of view and speaks in terms of practical experience. After all, similar structural features have already appeared in other successful prediction markets, such as those offering trading in claims about the weather, flu outbreaks ...


La Desaparición De La Policía Municipal En México: Análisis Sociojurídico De La Iniciativa Por La Que Se Propone Desincorporar De Los Municipios Las Funciones De Seguridad Pública., Héctor Zayas Gutiérrez 2009 The University of Michigan Law School

La Desaparición De La Policía Municipal En México: Análisis Sociojurídico De La Iniciativa Por La Que Se Propone Desincorporar De Los Municipios Las Funciones De Seguridad Pública., Héctor Zayas Gutiérrez

Héctor Zayas Gutiérrez

El presente trabajo estudia la iniciativa de reforma constitucional por la cual se propone desincorporar de los municipios la función policial, y transitar a un modelo de "policía estatal única".

El ensayo dilucida si la propuesta está correctamente concebida, y da pie a futuras líneas de investigación académicas y parlamentarias sobre la unificación de las policías en México.

El ensayo está dividido, en cuatro apartados. En el primero se describen los instrumentos jurídicos aplicables al caso; en el segundo, se estudian las experiencias de cuatro países en relación a la centralización o descentralización de la función de policía, con la ...


Lessons Of Disloyalty In The World Of Criminal Informants, Michael L. Rich 2009 Elon University School of Law

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. Are ...


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