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Criminal Law

Selected Works

2008

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Articles 31 - 60 of 94

Full-Text Articles in Law

Discretionary Justice And The Black Offender, Taunya Lovell Banks Jun 2008

Discretionary Justice And The Black Offender, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


People's Tribunal On Torture Tamil Nadu Report, Saumya Uma Jun 2008

People's Tribunal On Torture Tamil Nadu Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Tamil Nadu. The Tribunal heard more than 250 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


Identity Theft: How It Happens, How To Protect Yourself, Robert L. Kardell, Michelle E. Minnich May 2008

Identity Theft: How It Happens, How To Protect Yourself, Robert L. Kardell, Michelle E. Minnich

Robert L Kardell

No abstract provided.


The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus Mar 2008

The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Drug Testing In Public Schools, Robert Bloom Mar 2008

Drug Testing In Public Schools, Robert Bloom

Robert M. Bloom

No abstract provided.


Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom Mar 2008

Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom

Robert M. Bloom

No abstract provided.


17. Maltreated Children’S Understanding Of And Emotional Reactions To Dependency Court Involvement., Jodi A. Quas, Allison R. Wallin, Briana Horwitz, Thomas D. Lyon Mar 2008

17. Maltreated Children’S Understanding Of And Emotional Reactions To Dependency Court Involvement., Jodi A. Quas, Allison R. Wallin, Briana Horwitz, Thomas D. Lyon

Thomas D. Lyon

Little is known about the extent to which maltreated children understand what is happening during their participation in court proceedings, despite large numbers of children coming into contact with the legal system as victims of maltreatment. In the present study, maltreated 4- to 15-year-olds were interviewed about their understanding of dependency court on the day of their scheduled court visit. Their feelings about attending their hearings were also assessed, and after their hearing, their understanding of the decisions was examined. Age-related improvements in children’s understanding emerged. Also, children who were more knowledgeable about the legal system were less distressed about …


The Torture Of Sami Al Arian, C. Peter Erlinder Mar 2008

The Torture Of Sami Al Arian, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia Mar 2008

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia

Saumya Uma

This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.


16. Coaching, Truth Induction, And Young Maltreated Children’S False Allegations And False Denials., Thomas D. Lyon, Lindsay C. Malloy, Jodi A. Quas, Victoria A. Talwar Feb 2008

16. Coaching, Truth Induction, And Young Maltreated Children’S False Allegations And False Denials., Thomas D. Lyon, Lindsay C. Malloy, Jodi A. Quas, Victoria A. Talwar

Thomas D. Lyon

This study examined the effects of coaching (encouragement and rehearsal of false reports) and truth induction (a child-friendly version of the oath or general reassurance about the consequences of disclosure) on 4- to 7-year-old maltreated children’s reports (N 5 198). Children were questioned using free recall, repeated yes – no questions, and highly suggestive suppositional questions. Coaching impaired children’s accuracy. For free-recall and repeated yes – no questions, the oath exhibited some positive effects, but this effect diminished in the face of highly suggestive questions. Reassurance had few positive effects and no ill effects. Neither age nor understanding of the …


Aborto Terapeutico, Enrique Varsi Feb 2008

Aborto Terapeutico, Enrique Varsi

Enrique Varsi Rospigliosi

No abstract provided.


Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom Jan 2008

Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom

Robert M. Bloom

No abstract provided.


Who Killed Benazir Bhutto? Why Not Ask Charlie Wilson... Or George Bush?, C. Peter Erlinder Jan 2008

Who Killed Benazir Bhutto? Why Not Ask Charlie Wilson... Or George Bush?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Training The Parents Of Juvenile Offenders: State Of The Art And Recommendations For Service Delivery, Richard Redding Jan 2008

Training The Parents Of Juvenile Offenders: State Of The Art And Recommendations For Service Delivery, Richard Redding

Richard E. Redding

Parent training is consistently highlighted as one of the most effective means of preventing delinquency and treating young children with conduct problems, and it has proven to be one of the most cost-effective interventions for doing so. There is, however, far less evidence supporting the efficacy of parent-training programs with adolescents and juvenile offenders. Nonetheless, it still seems to be one of the more promising methods for treating the behavior problems of adolescent delinquents, especially when used in conjunction with other carefully selected program components. We begin with an overview of parent training, highlighting the key components of successful programs. …


Law And Morality, Mubashshir Sarshar Jan 2008

Law And Morality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar Jan 2008

Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Capacity Of The State And Its Subordinates, Mubashshir Sarshar Jan 2008

Capacity Of The State And Its Subordinates, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Judicial Review, Mubashshir Sarshar Jan 2008

Judicial Review, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Functioning Of The Law Commission Of India, Mubashshir Sarshar Jan 2008

Functioning Of The Law Commission Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


J.S Mill On Liberty, Mubashshir Sarshar Jan 2008

J.S Mill On Liberty, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Bar Council Of India, Mubashshir Sarshar Jan 2008

Bar Council Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Designing A Litigation Hold Process, Robert L. Kardell Jan 2008

Designing A Litigation Hold Process, Robert L. Kardell

Robert L Kardell

No abstract provided.


Sistema Penitenciário Brasileiro: Uma Visão Crítica Acerca Da Ineficiência Do Direito Penal Brasileiro, Rafaela Loureiro Pinheiro Furlan Jan 2008

Sistema Penitenciário Brasileiro: Uma Visão Crítica Acerca Da Ineficiência Do Direito Penal Brasileiro, Rafaela Loureiro Pinheiro Furlan

Rafaela Loureiro Pinheiro Furlan

No abstract provided.


Commercial Fraud: Cases And Commentary, Alex Steel Jan 2008

Commercial Fraud: Cases And Commentary, Alex Steel

Alex Steel

This monograph - published online - is a detailed analysis of theft and fraud laws in NSW. It was developed for UNSW Law students because of a lack of any up to date commercially published text on theft and fraud. It contains extracts and commentary on all key offences and caselaw. The law was current as of 2008.


Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker Jan 2008

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit “cruel and unusual punishment”; and their effect on mandatory criminal sentencing (via penal statute) in the two countries. The Article shall begin by briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada. The Article will next present and explain the American Eighth Amendment approach to the constitutionality of mandatory criminal sentencing and contrast this to the Canadian s. 12 approach to …


Discretion Without Guidance, William W. Berry Iii Jan 2008

Discretion Without Guidance, William W. Berry Iii

William W Berry III

The exercise of the discretion accorded to a judge in determining the sentence of a convicted criminal offender bears directly on the coherence and the legitimacy of any criminal justice system. The United States federal criminal sentencing system has, at various points in time over the past century, employed schemes that have approached either the one extreme of unfettered judicial discretion or the other extreme of highly restricted judicial discretion. In January, 2005, the United States Supreme Court held in United States v. Booker that the mandatory federal sentencing guidelines, the source of the strict restriction on judicial discretion for …


American Procedural Exceptionalism, William W. Berry Iii Jan 2008

American Procedural Exceptionalism, William W. Berry Iii

William W Berry III

This article offers a new theory to explain the persistence of the death penalty in the United States at a time when most western nations have abolished it. Contrary to cultural explanations that have been advanced by other scholars, this piece hypothesizes that the retention is best explained by "American procedural exceptionalism," defined as the unique American belief in the efficacy and fairness of its legal process. This American exceptionalism of process validates the expression of the impulse toward retribution commonly found in western nations. In other words, the perceived fairness of the process affirms the retributive notion that the …


California Youth And Criminal Law: 2007 Juvenile Justice Reform And Gang Prevention Initiatives, Sandhya Ramadas Jan 2008

California Youth And Criminal Law: 2007 Juvenile Justice Reform And Gang Prevention Initiatives, Sandhya Ramadas

Sandhya Ramadas

Debate shaping criminal law and policy inevitably involves the intersection, and sometimes conflict, of “tough on crime” policies, victims’ rights, rehabilitation, incarceration, and of course, the securing of funding. Nowhere was this more apparent than in 2007 reforms surrounding the treatment of California’s youth. While legislators and policy groups pushed through Senate Bill 81 – the State Senate bill which ushered in a host of juvenile justice realignment provisions and shifted the focus of juvenile programs from the state to localities – they also provided increased funding for gang-related investigations, convictions, and for tracking programs through several bills and the …


Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms Jan 2008

Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms

Fiona David

This paper is the second in a series that examines the different components of the criminal justice response to trafficking in persons. Specifically, this paper seeks to identify some of the practical issues that may affect trafficking prosecutions, such as unclear legal frameworks, the transnational nature of trafficking, and reliance on often traumatised victims as witnesses who may also be unwilling or unable to participate in prosecutions. Proposed strategies to support or improve prosecution practice include legal reform, protection of witnesses and specialist training for prosecution units.


The Exclusionary Rule Lottery, Eugene R. Milhizer Jan 2008

The Exclusionary Rule Lottery, Eugene R. Milhizer

Eugene R Milhizer

Abstract This Article/Essay, The Exclusionary Rule Lottery, critiques the contemporary Fourth Amendment Exclusionary Rule using an original analogy of a lottery to lay bare its moral and prudential insufficiency. The Article begins with a brief discussion of the Rule’s historical development and changing rationale. It next describes how the Rule has evolved to express an unprincipled and narrow utilitarian calculation. It then illustrates the moral and prudential insufficiency of the contemporary approach through the lottery analogy. In particular, it criticizes the Rule’s premise, absence of empirical support, and potential for abuse. The Article concludes by calling for the adoption of …