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Criminal Law

2015

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Articles 1111 - 1121 of 1121

Full-Text Articles in Law

Bubbles (Or, Some Reflections On The Basic Laws Of Human Relations), Donald J. Kochan Dec 2014

Bubbles (Or, Some Reflections On The Basic Laws Of Human Relations), Donald J. Kochan

Donald J. Kochan

Very few of us want to live in the absolute isolation of a “bubble.” Most humans cherish the capacity to interact with their external environment even when we know that, at times, such exposure makes us susceptible to all sorts of negative effects ranging from mere annoyance to the contraction of deadly illnesses. Yet, because there are so many positive elements and benefits from that interaction and exposure, we often are willing to take the bitter with the sweet. We tolerate much external exposure to bad things in order to take advantage of the collisions with the good things that …

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The Criminalization Of Walking, Michael Lewyn Dec 2014

The Criminalization Of Walking, Michael Lewyn

Michael E Lewyn

Because walking improves human health and reduces pollution, one might think that the law should encourage walking and discourage driving But in fact, criminal law sometimes punishes walkers, in two major respects. First, state and city laws against something often referred to as “jaywalking” limit walkers’ ability to cross streets. As a result of these laws, police can fine (and even arrest) walkers. Second, bureaucrats and police sometimes interpret child neglect laws to mean that preteen children may never walk on their own, and have sometimes arrested child pedestrians' parents or sought to place the children in state care. This …

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The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin Dec 2014

The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin

Bryan H. Druzin

Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from public torture and corporal punishment, which occurred during the 19th century, to the availability of new techniques of social control. However, corporal and capital punishment (what we term shock punishment) persists in many penal systems to this day, suggesting that these countries have for some reason not fully undergone this penal evolution. Using the experiences of Hong Kong and Singapore as case studies, we attempt to explain why this is …

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Criminal Forfeiture Procedure In 2015: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella Dec 2014

Criminal Forfeiture Procedure In 2015: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This is another in a series of articles on developments in the federal case law relating to criminal forfeiture procedure. It covers the cases decided in 2014 and early 2015.

Like the earlier articles in this series, this one does not attempt to address every topic related to criminal forfeiture, nor all of the exceptions and nuances that apply to the topics that are addressed; rather, it covers only those matters on which there was a significant development in the case law in the past year. Thus a basic familiarity with federal criminal forfeiture procedure is assumed.

The Article begins …

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The Right To A Fair Trial In The Age Of Facebook, Lori Andrews Dec 2014

The Right To A Fair Trial In The Age Of Facebook, Lori Andrews

Lori B. Andrews

No abstract provided.

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Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost Dec 2014

Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost

Amanda Frost

Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …

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Expunging America's Rap Sheet In The Information Age, Jenny Roberts Dec 2014

Expunging America's Rap Sheet In The Information Age, Jenny Roberts

Jenny Roberts

"Getting a Second Chance After a Criminal Record.", "Want to Expunge Your Record?', "South Carolina Debating If It Should be Easier to Expunge a Brush with the Law." "Making a Fresh Start in Little Village." These are only some of the headlines of newspaper articles and television segments that came up in a Google Alert for "expungement" during one typical week in late 2014. The same week, in Cincinnati, Ohio, city council members backed expungement of low-level marijuana convictions. Expungement news that week was not limited to the United States. In Jamaica, the legislature passed a bill that allows expungement …

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U.S. Legal Profession Efforts To Combat Money Laundering And Terrorist Financing, Laurel S. Terry Dec 2014

U.S. Legal Profession Efforts To Combat Money Laundering And Terrorist Financing, Laurel S. Terry

Laurel S. Terry

This article was prepared for the Symposium on Combating Money Laundering and Terrorist Financing, which was the first academic symposium of its kind, and included speakers from the U.S. Department of the Treasury, the FDIC, and the IRS. It focuses on the legal profession and explains how the US has implemented the FATF Recommendations that address the role that "gatekeepers," including lawyers, can serve to combat money laundering and terrorist financing. After setting forth introductory material about the intergovernmental organization called the Financial Action task Force or FATF, the FATF Recommendations, and the degree to which the FATF Recommendations have …

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Crime Victims And Offenders Face To Face: An Overview Of The Tdcj Victim Offender Mediation/Dialogue, Richard B. Keeton Dec 2014

Crime Victims And Offenders Face To Face: An Overview Of The Tdcj Victim Offender Mediation/Dialogue, Richard B. Keeton

Richard B. Keeton, Esq.

This paper focuses on the Victim Offender Mediation/Dialogue program unique to the Texas Department of Criminal Justice. Victim offender mediation is "a process that provides interested victims an opportunity to meet their offender, in a safe and structured setting, and engage in a mediated discussion of the crime." The goal is to hold offenders directly accountable for their actions while providing support and assistance to the victims. With the assistance of a trained mediator, the victim is able to tell the offender about the crime's physical, emotional, and financial impact, while receiving answers to lingering questions about the crime and …

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Cruelty In Criminal Law: Four Conceptions, Paulo Barrozo Dec 2014

Cruelty In Criminal Law: Four Conceptions, Paulo Barrozo

Paulo Barrozo

This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. No one should be neutral in relation to cruelty. Eminently, cruelty in criminal law, a human-created phenomenon, vigorously calls for responses in the form of preventive and corrective action on the part of …

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La Transformación Del Papel Del Abogado Defensor En El Nuevo Sistema De Justicia Penal Mexicano, In Dilemas Contemporáneos Sobre Ejercicio De La Abogacía En México: Colección De Ensayos (Book Chapter), Gerald Lebovits Dec 2014

La Transformación Del Papel Del Abogado Defensor En El Nuevo Sistema De Justicia Penal Mexicano, In Dilemas Contemporáneos Sobre Ejercicio De La Abogacía En México: Colección De Ensayos (Book Chapter), Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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