Law Commons^™

Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom

Robert Bloom

No abstract provided.

Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom

Robert Bloom

Coach of the National Criminal Procedure Moot Court Team, which won two national championships in 2006 and 2007, at Seton Hall Law School in Newark, New Jersey.

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.

Time Travel, Hovercrafts, And The Framers: James Madison Sees The Future And Rewrites The Fourth Amendment, George Thomas

George C Thomas III

The Framers could not have contemplated the interpretational problems that cloud the Fourth Amendment because police, in the modern sense, were unknown to the Framers. Also unknown to the Framers, of course, were wiretaps, drug interdiction searches, thermal imagining, helicopters, and blood tests. We can infer from the history surrounding the Fourth Amendment what the Framers hoped it would accomplish in their time. What if the Framers could have seen the future and known the kind of police techniques that are being used today? What kind of Fourth Amendment would they have written with that knowledge? This article seeks to …

Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii

George C Thomas III

Miranda v. Arizona is the best known criminal procedure decision in the history of the Supreme Court. It has spawned dozens of books and hundreds of articles. The world does not need another Miranda book unless it has something new and interesting to tell readers. Unfortunately, to borrow an old cliche, the parts of Gary Stuart’s book that are new are, for the most part, not interesting and the parts that are interesting are, for the most part, not new. Stuart adds material to the Miranda storehouse about the involvement of local Arizona lawyers and judges in the original case, …

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

George C Thomas III

Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …

Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson

Vera Bergelson

This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed. Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …

Sursis E Livramento Condicional, 1924-1940: A Modernização Do Direito Penal Brasileiro, Rafael Mafei Rabelo Queiroz

Rafael Mafei Rabelo Queiroz

No abstract provided.

Cross Examination For Prosecutors: Crafting Cross With Impact, Charles E. Maclean

Charles E. MacLean

No abstract provided.

40 Years After Gideon V. Wainwright: A Constitutional Crisis--Is There Really A Right To Counsel For The Indigent?, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Perjury Or Subornation Of Perjury; Bribery Of Witness: Model Sentencing Guidelines § 2j1, Steven Chanenson

Steven L. Chanenson

No abstract provided.

Obstruction Of Justice: Model Sentencing Guidelines §2j2, Steven Chanenson

Steven L. Chanenson

No abstract provided.

13. From Post-Mortem To Preventive Medicine: Next Steps For Research On Child Witnesses., Thomas D. Lyon, Karen J. Saywitz

Thomas D. Lyon

A Incorporação Dos Tratados De Direitos Humanos Ao Ordenamento Jurídico Brasileiro, Fabiano Barroso

fabiano barroso

direitos humanos, tratados internacionais, direito constitucional

Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma

Saumya Uma

This is the Hindi translation of the publication 'International Criminal Court & India: Some Questions & Answers'

Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma

Saumya Uma

This is a Hindi translation of the English publication 'Combating Impunity'

South Dakota Tribal Court Handbook (Revised Edition), Frank Pommersheim

Frank Pommersheim

The South Dakota Tribal Court Handbook is designed to provide an informative and ready resource for the practicing bar in South Dakota as well as for the tribal and statewide community at large. The overarching objective of this effort is to facilitate ongoing communication, understanding, and respect for tribal courts and tribal court personnel.

12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon

Thomas D. Lyon

11. Report Of The Apsac Task Force On Attachment Therapy, Reactive Attachment Disorder, And Attachment Problems., Mark Chaffin, Rochelle Hanson, Benjamin E. Saunders, Todd Nichols, Douglas Barnett, Charles Zeanah, Lucy Berliner, Byron Egeland, Elana Newman, Thomas D. Lyon, Elizabeth Letourneau, Cindy Miller-Perrin

Thomas D. Lyon

Expert On Sex Trafficking Contributes To Passage Of Historic New Law

Donna M. Hughes

No abstract provided.

The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard Redding

Richard E. Redding

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …

The Rejection Of Divine Law In American Jurisprudence: The Ten Commandments, Trivia, And The Stars And Stripes, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

Violência Doméstica, Rafaela Loureiro Pinheiro Furlan, Juliana Mattar, Pedro Fida

Rafaela Loureiro Pinheiro Furlan

No abstract provided.

Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell

Liz Campbell

This article considers the powers of the Criminal Assets Bureau (CAB) in the context of revenue law, as this lesser-known aspect of the Bureau’s work is often overshadowed by its ability to seize and confiscate the proceeds of crime. Although the taxing of illegal profits was traditionally precluded in Ireland, this situation was altered in the early-1980s, thereby facilitating CAB’s revenue work. Despite CAB’s significant powers in this regard, the courts have overturned its tax assessments in a number of cases, on the basis that certain criteria pertaining to its tax powers have been breached. Nevertheless, CAB’s ability to pursue …

The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell

Liz Campbell

The issue of witness intimidation has gained currency in the Irish criminal justice system in recent years with the increase in so-called “gangland” crime. The brutal treatment used by organised criminals to resolve gangland feuds is echoed in the threats received by individuals who seek to testify against suspected organised criminals. This article examines various approaches have been adopted by the State to ensure that the evidence of threatened witnesses may be used in court. While some witnesses may participate in the Witness Protection Programme (WPP), others may give evidence by means of video-camera. In addition, even if an intimidated …

Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell

Liz Campbell

Legislation in Ireland that pertains to serious and organised crime is characterised by a favouring of public protection over the rights of the accused; by an increased concern for security with a concomitant diminution of the significance of liberty. Throughout the pre-trial stage of the criminal process, the court-hearing and sentencing, a shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain with the creation of the Criminal Assets Bureau (CAB), with its low burden of proof and …

Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms

Fiona David

ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.

Asean Responses To Trafficking In Persons, Fiona M. David Ms

Fiona David

This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.

Standard Minimum Sentencing And Guideline Judgments: An Uneasy Alliance In The Way Of The Future, John L. Anderson

John L Anderson

This article will analyse the contemporary co-existence of standard non-parole periods and judicial guideline judgments in New South Wales. In R v Way, judicial interpretation of the standard non-parole provisions circumscribed their direct application. Subsequently, in cases such as R v Davies, R v AJP, R v Sangalang and R v Mills, the Court of Criminal Appeal has grappled with the meaning of the standard non-parole period as a "reference point" in sentencing and has expressed a view that the practical effect of these reference points will be to increase sentence levels for certain offence categories. Alongside this scheme stand …

Indefinite, Inhumane And Inequitable - The Principle Of Equal Application Of The Law And The Natural Life Sentence: A Reform Agenda, John L. Anderson

John L Anderson

In this article, it will be argued that not only is the indefinite nature of the sentence of life imprisonment inhumane, but the available evidence graphically demonstrates an eclectic approach by the judiciary to the practical application of

the natural life sentence resulting in a clearly inequitable distribution of this ultimate form of punishment. This is contrary to one of the most basic tenets of the common law legal system, that the law should be applied equally to all

persons. In an era of 'law and order' politics with the emphasis on a retributive and incapacitative policy approach to sentencing, …