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Full-Text Articles in Law
Silent At Sentencing: Waiver Doctrine And A Capital Defendant's Right To Present Mitigating Evidence After Schriro V. Landrigan, Dale E. Ho
Dale E Ho
The consideration of mitigating evidence—evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case—has been deemed a “constitutionally indispensable” feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to death without the consideration of any mitigating evidence whatsoever. Landrigan’s trial counsel failed to uncover substantial evidence of Landrigan’s history of severe physical and sexual abuse as a child, and of the possible biological effects of his mother’s alcohol and drug abuse. Every member of the Ninth Circuit en banc panel considering his case deemed his counsel’s …
Attività Assicurativa E Di Intermediazione Assicurativa E Abusivismo, Valerio Sangiovanni
Attività Assicurativa E Di Intermediazione Assicurativa E Abusivismo, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Religious Freedom And Controlled Substances: A Legal Analysis, Howard M. Henderson
Religious Freedom And Controlled Substances: A Legal Analysis, Howard M. Henderson
Howard M Henderson
No abstract provided.
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Adam Lamparello
No abstract provided.
The Case For Overseas Article Iii Courts: The Blackwater Effect And Criminal Accountability In The Age Of Privatization, Alan F. Williams
The Case For Overseas Article Iii Courts: The Blackwater Effect And Criminal Accountability In The Age Of Privatization, Alan F. Williams
Alan F. Williams
No abstract provided.
To Hang Or Not To: A Case Comment On Mulla V. State Of Up, Abdaal M. Akhtar, Mrinal Meena
To Hang Or Not To: A Case Comment On Mulla V. State Of Up, Abdaal M. Akhtar, Mrinal Meena
Abdaal M Akhtar
A remarkable judgment, Mulla v. State of UP is the first case where the Supreme Court of India has taken socio-economic factors into consideration while overturning a death penalty.
New Zealand's Approach To Dishonesty, Alex Steel
New Zealand's Approach To Dishonesty, Alex Steel
Alex Steel
This is an updated and abridged version of an earlier article "The Meanings of Dishonesty in Theft" Common Law World Review 38 (2009): 103-136( http://works.bepress.com/alex_steel/17) . It compares New Zealand, English, Canadian and Australian meanings of dishonesty in theft.
New Fraud And Identity-Related Crimes In New South Wales, Alex Steel
New Fraud And Identity-Related Crimes In New South Wales, Alex Steel
Alex Steel
The Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 commenced on 22 February 2010. It represents a significant change to fraud offences in New South Wales. The Act codifies dishonesty in line with the Ghosh test, replaces over 30 fraud offences with one main offence based on deceptively obtaining financial advantage, rewords the forgery offences and introduces a suite of identity crime offences. The Act continues to move away from offences based on common law larceny and interference with property rights toward general offences based on a statutory defined concept of dishonesty. However, larceny and related offences have been …
The True Identity Of Australian Identity Theft Offences: A Measured Response Or An Unjustified Status Offence?, Alex Steel
Alex Steel
New offences to deal with internet based identity crime have been created worldwide in recent years and there has been concern at the breadth of such offences. This article provides a detailed analysis of Australian versions of these offences and compares them to other internet related offences, with a focus on Australian and Canadian approaches to the issues. After defining what is meant by identity theft and identity crime it provides an overview of some of the differences in the nature of digital crime that have led to calls for specific legislation, and some of the problems that face traditional …