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Criminal Law

Selected Works

Criminal law

Articles 151 - 179 of 179

Full-Text Articles in Law

Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power Dec 2006

Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power

Robert C Power

This article examines how the efforts to bring former Chilean dictator Augusto Pinochet Ugarte to justice have affected international criminal law. It argues that traditional international law seems largely irrelevant today because the paradigmatic crime of the Pinochet era was torture, which is now addressed primarily through the Torture Convention, and the most appropriate forum is the International Criminal Court (ICC) rather than national courts. The article emphasizes the need to use international tribunals such as the ICC to help protect international criminal prosecutions from the kind of political erosion that left a very mixed record concerning Augusto Pinochet.

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Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant Dec 2005

Ontario (Attorney General) V. $29, 020 In Canadian Currency: A Comment On Proceeds Of Crime And Provincial Civil Forfeiture Laws, Michelle Gallant

Michelle Gallant

Many provinces are embracing a modern approach to crime control, an approach which uses civil proceedings, primarily a device known as forfeiture, to tackle criminal activity. The strategy targets the financial underpinnings of crime, the proceeds or the assets linked to illegal activity. It effectively gives the public actor the ability to use civil actions to recover financial resources tainted by criminality.

New to provincial law, this convergence of civil proceedings and crime, of civil forfeiture and the financial element of crime, invites obvious questions about the consistency of this approach with constitutional norms. On the jurisdictional front, there is …

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Hate Crime Law And The Limits Of Inculpation, Janine Young Kim Dec 2005

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

Critics sometimes maintain that hate crime law punishes an offender for her motive and character and is therefore doctrinally and morally illegitimate. This manuscript explores the concept of culpability to examine this challenge, and argues that critics inaccurately assume that our criminal law conditions culpability on a robust understanding of choice. This inaccuracy significantly undermines the doctrinal critique against hate crime law, which in fact appears to be consistent with many other laws that consider motive and character as relevant factors in determining degree of guilt and proportionate punishment. Notwithstanding the apparent doctrinal validity of hate crime law, the author …

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Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan Dec 2005

Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

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The Rise And Fall Of Material Witness Detention In Nineteenth Century New York, Wesley M. Oliver Jan 2005

The Rise And Fall Of Material Witness Detention In Nineteenth Century New York, Wesley M. Oliver

Wesley M Oliver

No abstract provided.

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Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant Dec 2003

Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant

Michelle Gallant

An examination of contemporary crime management strategies reveals an emerging trend. With increasing frequency, reliance is placed on a money-centered model of control, a model that copes with crime by attacking its financial underpinnings, the money and the assets linked to the offences. A second trend occurs within the first, the diminution of criminal models in favor of civil legal models. In 2001, the provinces of Alberta and Ontario partook of this trend. Manitoba, in its own unique fashion, joined the movement in 2003.

The paper outlines the contours civil models, identifies the main themes of constitutional conflicts and locates …

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What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding Dec 2003

What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …

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Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller Dec 2001

Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller

Russell A. Miller

No abstract provided.

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European Criminal Law, Mareike Persson Dec 2001

European Criminal Law, Mareike Persson

Mareike Persson

There is little doubt that Europeanization is making headway now in the field of criminal justice. Some provisions of the Union Treaty (like Art.29, 31, 34 TEU) are at least an indication of the forces which are likely to shape future developments. There exist different possible lines of development: more intensive co-operation, assimilation and harmonisation, for example in the form of a model penal code or in form of the proposed Corpus Juris. They all have their weaknesses.

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A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver Dec 2000

A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver

Wesley M Oliver

No abstract provided.

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The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm Dec 2000

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

James W. Diehm

The establishment of the rule of law is of paramount importance to the process of democratization. The acceptance of the precept that there is an independent body of law, and no one is above the law, is essential to the establishment of a government of and by the people. Only when presidents, kings, queens, and other rulers are subject to a higher law, can communism, fascism, and other dictatorships be eliminated and democracy prosper. If democracy is to be established in the countries of the former Soviet Union and if those countries are to succeed economically, there must be a …

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With An Evil Eye And An Unequal Hand: Pretextual Stops And Doctrinal Remedies To Racial Profiling, Wesley Oliver Dec 1999

With An Evil Eye And An Unequal Hand: Pretextual Stops And Doctrinal Remedies To Racial Profiling, Wesley Oliver

Wesley M Oliver

No abstract provided.

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Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm Dec 1999

Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm

James W. Diehm

I have the honor and privilege of commenting on Professor Shelley's address, and not surprisingly to me, having long been an admirer of her and her work, I find myself in agreement with the comments that she made.

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Criminal Trials Of Co-Defendants: The United States Supreme Court Clarifies The Rules, Judith Ritter Dec 1998

Criminal Trials Of Co-Defendants: The United States Supreme Court Clarifies The Rules, Judith Ritter

Judith L Ritter

No abstract provided.

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Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power Dec 1998

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power

Robert C Power

No abstract provided.

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Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee Dec 1998

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.

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Bribery In Commerce - New Zealand, Frank X. Quin Mr Jan 1998

Bribery In Commerce - New Zealand, Frank X. Quin Mr

Frank X Quin

New Zealand's criminal law on bribery dates back nearly 100 years with virtually no attention to revision or reform over that period, reflecting (perhaps) the country's relatively corruption-free status. Yet there remains ambiguity on just what comes within the ambit of the criminal offences and, especially, what is meant by "corruptly".

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A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan Dec 1995

A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan

Susan Raeker-Jordan

In recent Eighth Amendment decisions applying the Cruel and Unusual Punishment Clause to substantive challenges to the death penalty, a plurality of the United States Supreme Court has favored employing only the "evolving standards of decency" test of constitutionality, purportedly because it is an objective measurement of cruelty and unusualness. The Article will show, however, that contrary to the assertions of some Court members, the indicia for ascertaining the evolving standard of decency are far from objective. Rather, the evidence gleaned from he "objective indicia" of legislative enactments and jury sentencing behavior can be and has been rigged to favor …

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Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm Dec 1992

Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm

James W. Diehm

In his article Professor Giannelli articulates quite clearly the confrontation issues that arise when the government seeks to introduce scientific evidence testimony in a criminal case." His work is helpful to our understanding of the problems that develop in the limited contexts of expert testimony and laboratory reports. It also provides valuable insights into the relationship between the Confrontation Clause and the hearsay rules. However, perhaps most important is the contribution that he makes to our understanding of the right of confrontation and our attempts to define that right and its limitations. While I find myself to be in general …

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Federal Expungement: A Concept In Need Of Definition, James W. Diehm Dec 1991

Federal Expungement: A Concept In Need Of Definition, James W. Diehm

James W. Diehm

It is a common occurrence. An individual, frequently a young person, is arrested for a criminal offense, and the charges are disposed of without a conviction. This disposition appears favorable until the person realizes that there' is an arrest record on file that will create problems every time he or she seeks employment, applies for a professional license, or attempts to obtain a security clearance. Is there a way to remedy this situation? The answer is yes. The person can seek expungement of the criminal record. In fact, expungement may even be granted when the person has been convicted of …

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Impeachment Of Jury Verdicts: Tanner And Beyond, James W. Diehm Dec 1990

Impeachment Of Jury Verdicts: Tanner And Beyond, James W. Diehm

James W. Diehm

Why, after more than two centuries of study and consideration by the courts and legal scholars alike, does the debate over the impeachment of jury verdicts persist? The problem is not one susceptible to an easy solution. If we lived in a perfect world, fair and impartial juries would be selected; they would listen to the evidence, retire to the jury room, discuss the evidence rationally in a cordial manner, follow the court's instructions, reach a just and logical verdict, accurately report that verdict and be excused. Unfortunately, a myriad of problems can develop during this process, for example, a …

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Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim Jan 1989

Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim

Frank Pommersheim

No abstract provided.

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I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim Dec 1988

I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim

Frank Pommersheim

No abstract provided.

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Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson Dec 1977

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

David Aaronson

No abstract provided.

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Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson Dec 1977

Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson

David Aaronson

Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …

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Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson Dec 1976

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson

David Aaronson

No abstract provided.

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Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power Dec 1972

Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power

Robert C Power

No abstract provided.

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A Handbook On Sentencing, Brian Slattery Dec 1971

A Handbook On Sentencing, Brian Slattery

Brian Slattery

This book aims to show that sentencing, like any other area of the law, is governed by reasonably well-defined principles and rules. Although these rules are known to any experienced judge and are frequently invoked in judgments, they have never been organized into an explicit and coherent system and have suffered from this neglect. This book provides not only better access to the rules but also a logical framework within which they can be discussed and applied. While the work has specific application to Tanzania, it should be of use throughout East and Central Africa, whose nations have similar penal …

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Note, Commonwealth Ex. Rel. Stevens V. Myers, John L. Gedid Dec 1964

Note, Commonwealth Ex. Rel. Stevens V. Myers, John L. Gedid

John L. Gedid

No abstract provided.

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