Law Commons^™

Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira

Cleveland State Law Review

Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against fundamental …

Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe

Indonesia Law Review

In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to …

The Dutch Penal Code Under Review, Jeroen Martijn Ten Voorde

Indonesia Law Review

The Dutch Penal Code entered into force on September 1, 1886. Since then many parts of the Dutch Penal Code have been discussed. This article does not intend to provide an integral systematic overview of the Dutch Penal Code and the many changes it has been subjected to, but examines (in the first part of this article) it generally, with the aim of showing various arguments for a more thorough review of the Dutch Penal Code. Recognizing the need for revision of the Penal Code, the question arises as to what is meant by a revision. More clarity on what …

Tinjauan Atas Kebijakan Hukum Pidana Terhadap Penyuapan Di Sektor Privat Dalam Hukum Nasional Indonesia: Suatu Perbandingan Dengan Singapura, Malaysia Dan Korea Selatan, Vidya Prahassacitta

Jurnal Hukum & Pembangunan

Purpose of this research is to analyze private sector bribery penal policy in Indonesia. Although Indonesia ratified United Nation Convention Against Corruption, Indonesia has not implemented the convection’s provision of article 21 regarding the criminalization of private sector bribery. Analysis conducted using a functional method of comparative law from Konrad Zweigert and macro comparison against private sector bribery penal, which successfully applies in Singapore, Malaysia, and South Korea. Therefore, reflected from private sector bribery penal policy in Singapore, Malaysia, and South Korea thus Indonesia shall reformulate the private sector bribery provision which regulates in in current corruption act draft.

Bentuk-Bentuk Kekerasan Domestik Dan Permasalahannya (Studi Perbandingan Hukum Indonesia Dan Malaysia), Kuswardani -

Jurnal Hukum & Pembangunan

The paper is purposed to describe / explain criminal laws which regulate domestic violence and the problems happen in Indonesia. This study uses the comparison method which compare substance criminal law of Indonesia with criminal law of Malaysia. The study is focused in the subject matter from criminal law of substantive. The result point out that both of the two countries have had criminal law on domestic violence, Indonesia is regulated at The Act of Elimination of Domestic Violence No 23 of 2004, while Malaysia is appointed at Domestic Violence 1994, and this was amendment on February 20, 2012. This …

Rodriguez V. State, 133 Nev. Adv. Op. 110 (Dec. 28, 2017), Natice Locke, Natice Locke

Nevada Supreme Court Summaries

The Court determined that both the inherently dangerous and the functional definitions apply to “deadly weapon,” and that the use of the functional definition does not go against the legislature’s intent in NRS 200.481.

Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox

Nevada Supreme Court Summaries

The Court clarified the definition of an indigent person and the demonstration of need sufficient required for an indigent person’s request for defense services. The Court additionally held that Widdis v. Second Judicial Dist. Court does not require an indigent defendant to request a sum certain before the consideration or granting of a motion for defense services at public expense.

Improving Activities For Coordination Of Law Enforcement Bodies-Strategic Direction Of Prosecutor's Development, Sh. Mirzaev

Review of law sciences

In this article revealed the issues of coordination of law enforcement bodies in the struggle against criminality, the some problems on this sphere as well as the recommendations for perfection of this activity.

The Immunity In The Criminal Proceeding Of Foreign Countries, G. Tulaganova

Review of law sciences

In this article is given the notion of immunity of evidence, problem of immunity of evidence in criminal proceduring legislation in developing countries, the exemtion is given to evidence. Moreover, to give recommendation to develop norms of national criminal proceduring legislation.

Improvement Of The Rights And Activities Of The Defender In Criminal Proceedings: An Important Direction Of The Reform On The Bsis Of The Strategy Of Action, I. Djuraev

Review of law sciences

In this article, the author has examined in detail the scientific-theoretical and practical aspects of the issue of the rights and activities of the defender counsels in the criminal process, and on the basis of the Strategy of Actions, have been made proposals and recommendations concerning the introduction of relevant changes and additions to the Criminal Procedure Code and the Law of the Republic of Uzbekistan “On guarantees of advocacy and social protection of lawyers”.

Transplantation: Law And Responsibility, U. Zakirova

Review of law sciences

This article highlights the issues of expanding the range of medical services to the population, determining the procedure for transplantation of human organs and tissues, as well as the experience of developed foreign countries in providing this type of medical services to the needy population, as well as responsibility for illegal transplantation and further improvement of the legislation of the Republic of Uzbekistan in this sphere.

Current Status Of Realisation Of Restorative Justice In Criminal Cases Respect To Minors: Analysis Of Domestic And Foreign Practice, M. Nodirov

Review of law sciences

In this article, the domestic and international experience on the production of restorative justice in criminal cases in relation to minors has been studied, on the basis of which the optimal and justified proposals were drafted.

Some Issues Of Improving Criminal Legislation, B. Xidoyatov

Review of law sciences

In this article the author conducted an analysis directions of improving of criminal legislation in the conditions of judicial-legal reforms. And as a result of analyze there had been some suggestions in order to improving of Criminal code of the Republic of Uzbekistan.

Questions Of Improving The Individual Articles Of The Criminal Code In The Process Of Further Deeping Of Democratic Reforms Criminal Code 98, 106-Articles, K. Xakimov

Review of law sciences

The article considers the problems of interpretation of the concept of affect in the theory of criminal law and analyzes the main features of a crime committed in the heat of passion as provided in the article 98,106 of Criminal code of the Republic of Uzbekistan. In this article studies the main principles in understanding the concept of affect and the relation between legal and psychological meaning of affect. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.

Left Out In The Cold, Kayla Rivera

Capstones

Left Out In The Cold is a film about two mothers on the hunt to find justice after their sons were brutally murdered. Both cases are based in the Bronx, remain unsolved, and have been classified as “cold cases,” meaning they no longer have any leads.

For over three months I followed Yamilet Gambaro and Glenda Soto. They do not know each other but these women share the same pain.

Yamilet’s 17-year-old son Joshua Baez was stabbed in the heart on his way home on April 7, 2012. In October of the same year, she moved to Florida to get …

Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary

William & Mary Bill of Rights Journal

This Article addresses touch DNA, chemical analysis of skin traces, and the implications for crime scene investigation, arguing that changes in how trace evidence is analyzed require alterations in the law’s approach to its use. Part I discusses the history of traditional DNA analysis. Part II examines the emergence of touch DNA and related technologies and how they differ from traditional DNA analysis. Part III outlines the specific risks created by the collection and storing of results under the current outdated jurisprudence. Part IV focuses on specific risks to suspects and victims of crime. Part V proposes a legal framework …

Shue V. State Of Nevada, 133 Nev. Adv. Op. 99 (Dec. 14, 2017), Margaret Higgins

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) under NRS 200.710(2), knowingly using a minor as the subject of a sexual portrayal in a performance, the proper unit of prosecution is one conviction per each distinct minor appearing as the subject of a sexual portrayal in a performance; (2) under NRS 200.730, the “simultaneous possession at one time and place of [multiple] images depicting child pornography constituted a single violation of NRS 200.730”; (3) the statute barring the “sexual portrayals” of minors are not overbroad and do not violate the First Amendment or the Due Process Clause of the United States …

Floating On A Sea Of Funny Money: An Analysis Of Money Laundering Through Miami Real Estate And The Federal Government’S Attempt To Stop It, Gary Mcpherson

University of Miami Business Law Review

Miami is experiencing a money laundering controversy the likes of which have not been seen since the “Cocaine Cowboys” era of 1980’s Miami. Condominiums and other mega developments are popping up at an unprecedented pace, immediately after the housing market crash that caused the Great Recession. Adding to this questionable boom in development is the fact that the vast majority of Miami’s population cannot afford to live in places like these. So, the question presented is who is fueling this explosion in development? Criminals, that’s who. Federal agents believe criminals are buying coveted Miami real estate through shell companies to …

Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher

Brooklyn Journal of Corporate, Financial & Commercial Law

Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …

Causes For The Irregular Migration Crises Case Of Kosovo - Final Paper Pdf.Pdf, Xhevdet Halili

Xhevdet Halili

Book Review: Justice Triage, Milan Markovic

Faculty Scholarship

Benjamin Barton and Stephanos Bibas’s new book, Rebooting Justice: More Technology, Fewer Lawyers, and the Future of Law, is an eloquent exemplar of the deregulation literature. What sets Rebooting Justice apart from other works in the genre is that Barton and Bibas do not treat deregulation as a panacea. Their starting point is that Americans are not well served by lawyers’ monopoly over the legal services market, but they do not envision a world in which every legal problem is resolved ably and efficiently. Their goal is much more modest: a less complex legal system in which lawyer …

Mullner V. State, 133 Nev. Adv. Op. 98 (Dec. 7, 2017), Joseph K. Fabbi

Nevada Supreme Court Summaries

A court can use offenses committed as a juvenile, but charged and convicted as an adult, when it considers habitual criminal sentencing, especially if the offender’s past convictions are similar to the crime currently being considered for sentencing.

Doe V. State Ex Rel. Legislature Of The 77th Session, 133 Nev. Adv. Op. 93 (Dec. 7, 2017), Shady Sirsy

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) a medical marijuana registry in Nevada does not encroach upon a medical marijuana user’s fundamental right; (2) the registry is rationally related to legitimate state interests beneficial to the public; and (3) the registry does not implicate a registrant’s right against self-incrimination.

To Catch A Predator Abroad: A Call For Greater Extraterritorial Enforcement Of Sexual Exploitation Of Children, Michelle Kfoury

Utah Law Student Scholarship

What can be done do increase extraterritorial enforcement of sexual exploitation crimes? To start, it would help if the United Nations established a convention to impose an obligation on signatory nations to adopt a criminal prohibition of sexual exploitation. In her presentation to the UN Human Rights Council, Special Rapporteur Najat Maalla M’jid suggests proposing a set of laws that can be easily adopted by all states. Such a broad set of laws would need to include a legal definition of child pornography, criminalize the mere possession of child pornography, criminalize sexual exploitation crimes facilitated by computers, and require all …

Revisiting The Voluntariness Of Confessions After State V. Sawyer, Michael Theodore Bigos

Maine Law Review

Every individual in our society needs confidence in our criminal justice system to know that one cannot be convicted of a crime unless a fact finder is convinced of every necessary element with the highest assurances of the truth. The process of establishing facts in a criminal trial is highly dependent upon how decision-making power is allocated between the judge and the jury and upon the fairness of that allocation. This Note discusses the areas of confession law and burdens of proof in the context of how federal criminal constitutional doctrines that affect the fact-finding process offer less than clear …

Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey, Barbara H. Taylor

Maine Law Review

In United States v. Corey, Alvin Scott Corey was found guilty of possessing a firearm as a felon. Although Corey's possession of a Smith and Wesson shotgun violated Maine law, Corey was prosecuted in the United States District Court under the federal statute 18 U.S.C. § 922(g)(1) and its penalty statute, § 924(e). On appeal, Corey argued that one of the requirements for his conviction, proof of the statute's jurisdictional element, had not been satisfied because that proof rested on expert testimony based, in part, on hearsay. The First Circuit Court of Appeals, in a split decision, affirmed Corey's conviction, …

Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan

Maine Law Review

In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …

Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson

Capstone Collection

In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15^th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and …

"So Far As War Allows": Why The Al Mahdi Conviction Is Unlikely To Stem The Pace Of Cultural Destruction Perpetrated By Non-State Actors, Jessica E. Burrus

Washington International Law Journal

In September of 2016, Ahmad Al Faqi Al Mahdi was convicted in the International Criminal Court (“ICC”) for the intentional destruction of several World Heritage sites during the 2012 conflict in Timbuktu, Mali. This conviction was hailed as a breakthrough after years of frustration with the lack of enforcement of international laws prohibiting the destruction of cultural property. It was also the first conviction of its kind, and advocates of cultural preservation have celebrated it as a much-needed general deterrent in North Africa and the Middle East, where iconoclasm has become a favorite tactic of various state and non-state actors …

Due Process Abroad, Nathan Chapman

Scholarly Works

Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure. Up to now, …