Law Commons^™

Limited Leverage: Federal Remedies And Policing Reform, Rachel A. Harmon

Rachel A. Harmon

With respect to deterring police misconduct, federal remedies are almost as good as they are ever going to get. Federal remedies for police misconduct, and most other remedies for misconduct, promote change by making misconduct costly for police departments and municipalities. Improving federal remedies would encourage some additional departments to seek the positive expected return on reform measures likely to reduce misconduct. But existing federal remedies all focus on either increasing the cost of misconduct or reducing its benefits. The problem is that even if existing federal remedies are altered to maximize deterrence, they cannot be employed to impose a …

The Label Of Life Imprisonment In Australia: A Principled Or Populist Approach To An Ultimate Sentence, John L. Anderson

John L Anderson

No abstract provided.

Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman Jr., Angela Davis, Michael Gerhardt, K. C. Johnson, Lyrissa Barnett Lidsky, Howard M. Wasserman

Angela J Davis

This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools (SEALS) in July 2008 in West Palm Beach, Florida. The transcript has been edited for grammar, punctuation and writing style, as well as for limited content changes.

Knowledge And Possession Under The Misuse Of Drugs Act, Siyuan Chen, Nathaniel Khng

Siyuan CHEN

When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …

Derecho Penal, Derechos Humanos Y Crímenes De Lesa Humanidad. Observaciones Críticas A La Sentencia De La Sala Penal Permanente De La Corte Suprema En El Caso Del Grupo Colina, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.

Conditions Of Pre-Trial Bail In Texas -- Oppressive And Excessive?, Charles B. Frye

Charles B Frye

Judges have wide discretion in not only setting the amount of the pre-trial bond in a criminal case, but also in requiring "conditions" which apply to the defendant's behavior during pre-trial release. Often, these conditions are as onerous as the punishment for the crime for which the defendant has been accused, but not yet convicted.

Misdemeanors, Alexandra Natapoff

Alexandra Natapoff

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …

The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell

Dr. Edward E. Bell

Black males are in jail. Are "we" to blame? The New Jim Crow is alive.

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Richard Daniel Klein

No abstract provided.

Ensuring Fair Trial In Cases Of Children In Conflict With The Laws: The Tanzanian Paradox’, Lucky Mgimba

Lucky Michael Mgimba

The Issue of managing or dealing with children coming into conflict with the law has historically haunted nations and Tanzania is no exception. Although there have already been important headways, much remains to be done in ensuring a child friendly justice system in Tanzania. This work comes in place to analyze the legal and institutional framework under the International, regional and national (Tanzanian) levels; with a view of determining as to how much consistent are they with the accepted legal standards. It however ends by recommending a Child friendly justice system which aims at restorative justice.

Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This is an opinion prepared for the Criminal Law Committee of the Law Society of Singapore on an arrested person’s right to legal counsel in Singapore. Specifically, it deals with the following: (1) it summarizes pertinent aspects of the law relating to the right to legal counsel in Singapore; (2) it surveys a number of ASEAN and Commonwealth jurisdictions to determine how long after apprehension the right to counsel is generally accorded to arrested persons, and compares the legal position in these jurisdictions to the situation in Singapore; and (3) it examines two rights ancillary to the right to legal …

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.

After The Crash: Citizens' Perceptions Of Connective-Tissue Injury Lawsuits, Valerie P. Hans, Nicole Vadino

Valerie P. Hans

Even though automobile accident cases comprise a substantial portion of the state jury trial caseload, the humble automobile case has attracted minimal scholarly attention. However, many members of the public believe that whiplash, a connective-tissue or soft-tissue injury from auto accidents, is oftentimes fraudulent. To explore public perceptions, a national survey included a scenario experiment that varied types of minor injuries from an automobile accident. As predicted, the plaintiff who experienced a bone fracture was seen as more likely to be suffering a real injury than a plaintiff who reported suffering from a connective-tissue injury. The fracture was also viewed …

The Predictability Of Juries, Valerie P. Hans, Theodore Eisenberg

Valerie P. Hans

This article discusses the meaning of jury “predictability” and whether jury research supports claims of unpredictability. It then analyzes the factors that are associated with perceptions of civil jury unpredictability using data from (1) surveys of corporate and insurance attorneys’ views of the civil justice system, and (2) the outcomes of civil jury trials in state courts. Perceptions of punitive damages dominate business and insurance industry attorneys’ jury predictability ratings. Punitive damages data are significantly and strongly related to attorneys’ judgments about jury predictability across states. This strong association occurs despite evidence of infrequent punitive damage award requests and less …

The Relation Between Punitive And Compensatory Awards: Combining Extreme Data With The Mass Of Awards, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells

Valerie P. Hans

This article assesses the relation between punitive and compensatory damages by combining two data sets of extreme awards with state court data from the National Center for State Courts (NCSC) for 1992, 1996, and 2001. One data set of extreme awards consists of punitive damages awards in excess of $100 million from 1985 through 2003, gathered by Hersch and Viscusi (H-V); the other includes the National Law Journal's (NLJ) annual reports of the 100 largest trial verdicts from 2001 to 2004. The integration of these data sets provides the most comprehensive picture of punitive damages in American civil trials to …

The Problem Of Policing, Rachel A. Harmon

Rachel A. Harmon

The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …

Diversion Of Offenders With Mental Disorders: Mental Health Courts, Sarah Ryan, Darius Whelan

Darius Whelan

At present, if people with mental disorders appear before the criminal courts in Ireland, unless they are unfit for trial or not guilty by reason of insanity, the system governing their case will be the general one which applies to all criminal cases. In recent decades, a number of other common law jurisdictions have begun to set up mental health courts as a means of diverting some people with mental disorders from the criminal justice system and into more appropriate treatment. This article begins with a review of the background to mental health courts, focusing on the concept of diversion …

The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

The criminal justice system is complex. It is also bureaucratic by design and has evolved over the years from simple unstructured peacekeeping units to the large complex crime-fighting system that it is today. Many of those who work within it find it challenging and unwieldy. Many of those who are accused of an offense find it confusing and intimidating. This goes for citizens and foreigners whether they are competent in the English language or not. For most members of ethnic minority groups, the experience can be harrowing and often fatal.

Introduction To Defending Civil Forfeiture Cases Under Chapter 59, Charles B. Frye

Charles B Frye

A general introduction to defending civil asset forfeiture cases in Texas state courts.

What's Your Weirdest Case? Judges Answer Questions On The Courts

Curtis E.A. Karnow

Section 1 answers scores of questions posed to the judges of the Superior Court by visiting school children. The questions concern how civil and criminal courts work, treatment of prisoners, what judges and lawyers do, and how one becomes a judge, among other topics. Section 2 collects a series of short essays on related subjects, as well as outlining the jury system, alternative dispute resolution, appeals, among other subjects, all in a format more suited to upper grade levels and adults. The paperback is availible through Amazon

Thank You For Testifying: The Need To Re-Examine Admission Of Expert Testimony Under Rule 703 In Relation To The Confrontation Clause In Light Of Williams V. Illinois, Derek Regensburger

Derek Regensburger

In Williams v. Illinois, the Supreme Court, in a plurality opinion, held that the basis evidence underlying an expert’s opinion may be introduced in a criminal trial without violating the Confrontation Clause. The Court also created a new primary purpose test for determining the testimonial nature of statements. Hearsay statements must now be both formalized statements made with the purpose of providing evidence against the accused as well as being made against a targeted individual. The ruling has the potential to impact the way in which testimonial hearsay statements are analyzed by court, and it could open the door for …

Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath

J.Benton Heath

International criminal law (ICL) makes frequent reference to the concept of human dignity, which also plays a central role in human rights law. While many of these invocations occur in the context of torture and cruel treatment, a handful of cases have used human dignity more expansively to justify punishment for hate speech and other crimes. In this chapter, I argue that such expansive invocations of human dignity fill gaps in substantive criminal law, motivate tribunals toward broad interpretations of the law, may serve to 'trump' competing claims, and provide an argument for overcoming strict applications of the principle of …

Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath

J.Benton Heath

Broad and indeterminate invocations of human dignity play a sporadic but powerful role in the adjudication of international criminal law (ICL). Drawing on detailed case studies, I argue that the concept of dignity enables courts to fill gaps in the substantive criminal law, justify expansive interpretations, resolve conflicts between competing rights and values, and potentially overcome the requirements of strict legality. These features enable judges to reach important and sometimes morally compelling conclusions. But expansive uses of human dignity come into tension with rule-of-law principles, and they challenge the self-understanding of ICL as a regime of limited subject-matter jurisdiction. This …

Professional Service And Civic Activities, Cheryl B. Wattley

Cheryl B. Wattley

No abstract provided.

Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler

Christopher J. Truxler

Historically, crime victims served as policemen, investigators, and private prosecutors, and were regarded as law enforcement’s most dependable catalyst. The Crime Victim’s Rights Act of 2004 grants crime victims eight substantive and procedural rights and breathes new life into the common law idea that crime is both a public wrong and a private injury. The Act has, however, elicited ardent criticism. Opponents contend that the Act is both bad policy and, most likely, unconstitutional. Without commenting on the Act’s policy or constitutionality, this Note places the Crime Victims’ Rights Act within a broader historical context where victims’ needs can be …

The U.S. Firearms Trafficking Statue's Failure To Curb Drug Violence In Mexico, Stewart M. Young

Stewart M Young

Now reaching epidemic proportions, drug trafficking violence in Mexico greatly concerns both the Mexican and United States governments. Despite the continuation of the War on Drugs, drug trafficking continues largely unabated from Mexico to the United States, resulting in lost lives, lost revenue, and a violence previously unknown in Mexico. Thus far, the United States’ efforts to deal with drug trafficking and violence in Mexico includes the recent debacle of Operation Fast and Furious. News regarding the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Operation Fast and Furious shocked citizens and lawmakers alike, as it allowed firearms to “walk” …

Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher

Keith Swisher

Prosecutors, our ministers of justice, do not play by the same conflict of interest rules. All other attorneys should not, and cannot, attack their prior work in transactional or litigation matters; nor should other attorneys unquestionably represent clients in matters in which the attorneys themselves face disciplinary, civil, or criminal liability. When prosecutors have likely convicted an innocent person, however, prosecutors are asked to review their own prior work objectively and then to undo it. But they understandably suffer from a conflict between their duty to justice and their duty to themselves — their duty to seek the release of …

Is Plea Bargaining In The "Shadow Of Trial" A Mirage?, Allison D. Redlich

Allison D Redlich

No abstract provided.

Is Diversion Swift?: Comparing Mental Health Court And Traditional Criminal Justice Processing, Allison D. Redlich, Siyu Liu, Henry J. Steadman, Lisa Callahan, Pamela C. Robbins

Allison D Redlich

No abstract provided.