Law Commons^™

Confiscación Sobre El Producto Indirecto Del Delito En El Sistema De Prevención Del Lavado De Activos / Confiscation Of Indirect Proceeds Of Crime In The Anti-Money Laundering Legal Framework, Tadeo Leandro Fernandez

Tadeo Leandro Fernandez

The aim of this paper is to describe the international recommendations on prevention of money laundering about confiscation of the proceeds of crime, in particular the indirect proceeds. In that sense, for this purpose we propose to use the term confiscation as a generic of forfeiture, restitution, damage repair, and reset to the previous state, i.e. we include forfeiture rules (Section 23 and 305) and damage repair (Title IV of Book I) of the Criminal Code and we also note national case law that share this idea. Last, we conclude that current Argentine system allows confiscating the direct and indirect …

Death As Deterrent Or Prosecutorial Tool? Examining The Impact Of Louisiana’S Child Rape Law, Angela Crews

Angela Crews

This project measures the impact of a 1995 amendment to Louisiana’s aggravated rape statute that allows juries to consider imposing the death penalty for convicted child rapists. Preamendment populations of cases from two large parishes (counties) were compared to postamendment populations of cases. In addition, 40 individual case files were randomly selected and reviewed. Variables measuring certainty, severity, and swiftness of punishment were compared. The only significant change was the reduction of trials, which may be linked to an increased propensity for plea agreements, dismissals, and charge reductions. In general, offenders initially charged with aggravated rape of a child seemed …

Civil And Criminal Contempt In Indiana, Robert Brown

Dr Robert Brown

No abstract provided.

Advocating Socio-Economic Justice: Some Experiences Of The Icc-India Campaign And The Potential For A Law Clinic, Saumya Uma

Dr. Saumya Uma

Wrongful Conviction, Daniel Medwed, Helen Borton

Daniel S. Medwed

No abstract provided.

Book Review: Negotiating The Labyrinth: Disability And The Queensland Justice System By Dan Toombs, Jodie O'Leary

Jodie O'Leary

No abstract provided.

Victim Impact Statements And Sentencing, Sam Garkawe

Associate Professor Sam Garkawe

Legislation allowing for victim impact statements ('VIS') to be presented during sentencing hearings has been introduced into the criminal justice systems of most common law nations, notwithstanding many reservations from defence lawyers and civil libertarians. Despite such legislation being widespread throughout the common law world, the use of VIS remains controversial. The main purpose of this article is to utilise basic sentencing principles in order to critically analyse the question of whether, and if so, to what extent, VIS are relevant to an offender's sentence. In such cases adequate procedural safeguards need to be instituted to ensure that offender's rights …

Meeting The Challenges Faced By Girls In The Juvenile Justice System: Testimony Before The Healthy Families And Communities Subcommittee Of The U.S. House Of Representatives Education And Labor Committee, Francine T. Sherman

Francine T. Sherman

Testimony by Francine T. Sherman, Clinical Professor and Director, Juvenile Rights Advocacy Project at Boston College Law School before the Healthy Families and Communities Subcommittee of the U.S. House of Representatives Education and Labor Committee, on March 11, 2010, at 10:00 AM. More information about the hearing, including an archived webcast, is available at http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=193429.

The Supreme Court 2009 Term Overview And 2010 Term Preview, Erwin Chemerinsky, Joan Biskupic, Martin A. Schwartz, Leon Friedman

Martin A. Schwartz

No abstract provided.

The Federal Common Law Of Crime, Robert C. Palmer

Robert T. Palmer, PhD

No abstract provided.

Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson

DOUGLAS J HENDERSON

The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.

Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger

Beau James Brock

The Fourth Amendment must be protected from police excesses. Now, law enforcement is relying upon the most hyper-technical of violations to stop a vehicle. Both attorneys and judges must guard against the temptation that the ends will justify the means, only to find out later we sold out our freedom to the golden calf of drug interdiction.

‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson

Richard J. Wilson

No abstract provided.

War Crimes Trials -- Not A Good Idea, Herman Schwartz

Herman Schwartz

No abstract provided.

Prosecuting Sexual Violence In Correctional Settings:Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime M. Yarussi

Brenda Smith

No abstract provided.

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher

Diane Orentlicher

No abstract provided.

Sexual Assault Issues Before The War Crimes Tribunal, Diane Orentlicher

Diane Orentlicher

No abstract provided.

International Justice Marks Its Fifteenth Anniversary: A Preliminary Assessment Of The Icty’S Impact In Serbia, Diane Orentlicher

Diane Orentlicher

No abstract provided.

Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana , Diane F. Orentlicher

Diane Orentlicher

No abstract provided.

Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones

Cynthia E. Jones

No abstract provided.

The People V. Orenthal James Simpson: Race And Trial Advocacy, Angela Davis

Angela J Davis

This chapter focuses on the trial story behind the high profile case of People v. Orenthal James Simpson. As the author points out, the Simpson case focused attention on some of the most important issues in the criminal justice system, including class and race disparities, DNA evidence, and police perjury. The author here focuses on the issue of race--its significance in the trial and how it affected the advocacy of the lawyers. She discusses the emotional conflicts over race within the defense and prosecution teams and compares and contrasts the approaches that each side ultimately decided to take. The author …

When Good Prosectuors Go Bad: From Prosecutorial Discretion To Prosecutorial Misconduct, Angela Davis

Angela J Davis

No abstract provided.

Justice In New England, Daniel Medwed

Daniel S. Medwed

No abstract provided.

Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber

Ellen M. Weber

States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …

Criminal Profiling In The Courtrooms: Behavioural Investigative Advice Or Bad Character Evidence?, Gareth Norris, Wayne Petherick

Wayne Petherick

Criminal profiling has received considerable attention from media sources; sufficiently so to allow it to enter into public folklore as a viable investigative technique. It has also attracted considerable attention from the academic community in the form of journal articles and books, and from the professional community in the form of profiling organizations and the establishment of formal profiling units within police agencies. Despite what would appear to be almost universal acclaim, the practice has met with less favorable reviews by the legal communities whom it is also intended to serve. Notably, it has come under fire for its lack …

New Data And New Questions: Trac's Contribution To Federal Sentencing, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.

Integrating Professional And Personal Values, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Reliability And Relevance As The Touchstones For Admissibility Of Evidence In Criminal Proceedings, Siyuan Chen, Nicholas Poon

Siyuan CHEN

The Court of Appeal in Muhammad bin Kadar v PP [2011] 3 SLR 1205 (“Kadar”) formally recognised the judicial discretion to exclude evidence as an integral part of the law on criminal evidence in Singapore. This discretion, the court held, would help ensure that all evidence coming before the court would be as reliable as possible. While this commentary agrees that the foundational basis for the exclusionary discretion doctrine is desirable, it suggests that there are difficulties with the application of the doctrine. An alternative approach that works around the difficulties is canvassed for consideration.

Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews

Angela Crews

Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …

Faculty Colloquia, Fall 2008 Series, Anne Coughlin, Amanda Frost, David Herring, Gregory Klass, Juan Perea

Juan F. Perea

No abstract provided.