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Criminal Law

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2016

Articles 1 - 9 of 9

Full-Text Articles in Law

Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy Apr 2016

Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy

Terry Goldsworthy

In response to a request from the Executive Director of the Commission the following submissions provide Dr. Goldsworthy’s responses as they relate to each term of reference:

1. If provisions in the 2013 legislation are effectively facilitating the successful detection, investigation, prevention and deterrence of organised crime

2. If provisions in the 2013 legislation are effectively facilitating the successful prosecution of individuals

3. If the 2013 legislation strikes an appropriate balance between ensuring the safety, welfare and good order of the community and protecting individual civil liberties, including in relation to the anti‐association provisions in the 2013 legislation

4. How …

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Human Trafficking, Cheryl George, Robert Piatt Feb 2016

Human Trafficking, Cheryl George, Robert Piatt

Cheryl Page

Human Trafficking explores the legal, moral, and political attempts to contain sex and labor trafficking. The authors bring unique perspectives to these topics. Professor Page, an African-American woman all too familiar with the vestiges of slavery, has written and lectured internationally on trafficking. Professor Piatt, a Hispanic law professor and former law school dean, brings his international experience as an educator, author, and advocate regarding immigration and human rights matters to bear. The book considers efforts at containment, including controversial topics such as whether prostitution should be legalized. It concludes with specific approaches to eliminate trafficking.

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Supreme Court Lets Light Shine On Flaws With Eyewitness Testimony, Timothy P. O'Neill Feb 2016

Supreme Court Lets Light Shine On Flaws With Eyewitness Testimony, Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

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Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy P. O'Neill Jan 2016

Deferring To A Higher Power: Knowing How To Mesh State Court, High Court, Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

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Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill Jan 2016

Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

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Moving Beyond Miranda: Concessions For Confessions, Scott Howe Dec 2015

Moving Beyond Miranda: Concessions For Confessions, Scott Howe

Scott W. Howe

Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of …

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"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless Dec 2015

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much longer. Many …

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In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Dec 2015

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner

Brendan M. Conner

The author provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, …

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Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Dec 2015

Salvaging ‘Safe Spaces’: Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Brendan M. Conner

The concept of “safe space” for lesbian, gay, bisexual, transgender and queer (“LGBTQ”) young people is one traditionally applied to educators’ responsibilities to create safe havens for LGBTQ students, by creating space for dialogue and addressing name-calling, bullying and harassment. The term is increasingly used in advocacy to reform the child welfare system, particularly in the areas of adopting safer foster care and group home placement, housing classification procedures, and in sensitizing youth-serving professionals. Rarely is an equivalence drawn between reform efforts and the obligation of youth-serving professionals to uphold the legal rights of their clients and increase safety from …

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