Law Commons^™

The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.

45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford

Stuart Ford

There is a widespread belief among both academics and policymakers that international criminal trials are too complex. As a result, tribunals have come under enormous pressure to reduce the complexity of their trials. However, changes to trial procedure have not meaningfully affected trial complexity. This Article explains why these changes have failed and argues that the complexity of international criminal trials is necessary for them to achieve their purposes. Using a multiple regression model of the factors driving trial complexity at the International Criminal Tribunal for the former Yugoslavia (ICTY), this Article shows that the largest drivers of complexity are …

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.

Smart(Er) Enforcement: Rethinking Removal, Daniel Kanstroom

Daniel Kanstroom

Substantial interior immigration enforcement will undoubtedly continue in the United States, whether or not the legislative and executive branches can craft a legalization program. Though some enforcement is undoubtedly necessary, the system’s continuity will also be due in part to inertia. The size of the current enforcement system is stunning, affecting many millions of noncitizens and removing many hundreds of thousands annually. Equally impressive are its costs and its complexity. One recent study aptly described the system as “formidable machinery,” involving a “complex, cross-agency system that is interconnected in an unprecedented fashion.” Spending on immigration enforcement was about $18 billion …

Rehabilitation Of Illicit Behaviours In The Post-Rtl Era: Disputes And Proposals, Zhenjie Zhou

Zhenjie ZHOU

How to rehabilitate illicit behaviours that were subject to the re-education through labour system has been a topic of rigorous debate since the abolition of the system. Proposals brought forward so far can generally be categorised into a criminalisation approach and an administrative approach. This article asserts that the rehabilitation of these behaviours shall strictly observe principles of efficiency, transparency and fairness and proposes that the Legislature adopt the Law on Correction of Illicit Behaviour under pilot implementation to consign illicit behaviours that were subject to the re-education through labour system to a mixed decision-making procedure. This will constitute a …

Hunting The Hunter: How To Effectively Combat Stalking, Terry Goldsworthy, Matthew Raj

Matthew Raj

What do Steven Spielberg, Leonardo DiCaprio, Sandra Bullock, Hugh Jackman, Madonna and John Lennon have in common? They have each, at one time or another, been victims of stalking. Local radio host Sophie Monk has been subjected to recent unwanted attention in the form of stalking, having been confronted with up to 150 sexually explicit and threatening posts on Twitter every day. The investigation led to the arrest of the suspect, who became the first individual charged with cyberstalking an Australian celebrity. However, stalking is not a phenomenon exclusive to celebrities. In fact, the offence is a concern for mainstream …

We Must Ensure That Domestic Violence Awareness Yields Results, Terry Goldsworthy, Matthew Raj

Matthew Raj

Australians have recently seen an increased focus on raising awareness about domestic violence. Rosie Batty, whose son Luke was killed by his father, was awarded the 2015 Australian of the Year to highlight the issue. And, in late 2014, the Victorian government appointed Fiona Richardson as Australia’s first minister for the prevention of family violence, followed by the announcement of a royal commission into family violence.

As a Queensland Police constable, I (Terry) can still remember the groundbreaking impact of enforcing the state’s Domestic and Family Violence Protection Act, which was introduced in 1989. Domestic violence has been an agenda …

Out Of The Shadows: The Rise Of Domestic Violence In Australia, Terry Goldsworthy, Matthew Raj

Matthew Raj

Once a hidden crime, domestic violence has in recent years emerged as a mainstream criminal justice issue in Australia. Cases such as Queensland man Gerard Baden-Clay’s murder of his wife Allison and the death of Luke Batty in Victoria at the hands of his father have attracted unprecedented media attention and put the spectre of domestic violence firmly back in the spotlight. But how prevalent is domestic violence and what is the cost to Australian society?

Revenge Porn Is Just One Part Of A Changing Picture Of Harassment, Terry Goldsworthy, Matthew Raj, Joseph Crowley

Matthew Raj

Google’s recent decision to remove content at the request of victims of revenge porn is a huge win for victims. Governments are also reacting to the growing problem of revenge porn – the NSW government this week announced a parliamentary inquiry into existing laws and whether there was any need for reform. The offence of revenge porn usually involves the following aspects: an existing or previous relationship; an intent to cause harm; the unauthorised public release of intimate images; and the act is facilitated by technology. While this is neither a legal definition nor an exhaustive one, it does capture …

Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead

O. Carter Snead

Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …

Federal Criminal Conspiracy, Todd R. Russell, O. Carter Snead

O. Carter Snead

No abstract provided.

Silencing Grand Jury Witnesses, R. Michael Cassidy

R. Michael Cassidy

The investigations of local police officers for causing the deaths of unarmed civilians in Ferguson, Missouri and Staten Island, New York have generated significant national discourse about the fairness and transparency of grand jury proceedings. This article addresses one crucial aspect of this ongoing debate; that is, whether witnesses before the grand jury should be allowed to talk to each other and to the media about the contents of their testimony. In the federal system and in the majority of states that still employ the grand jury as an investigative and charging tool, obligations of grand jury secrecy do not …

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

A 'Velvet Hammer': The Criminalization Of Motherhood And The New Maternalism, Eliza Duggan

Eliza Duggan

In 2014, Tennessee became the first state to criminalize the use of narcotics during pregnancy. While women have been prosecuted for the outcomes of their pregnancies and for the use of drugs during pregnancy in the past decades, Tennessee is the first state to explicitly authorize prosecutors to bring criminal charges against pregnant women if they use drugs. This Article suggests that this new maternal crime is reflective of a social and political paradigm called “maternalism,” which enforces the idea that women are meant to be mothers and to perform motherhood in a particular fashion. This concept has developed from …

Gender Injustice: System-Level Juvenile Justice Reforms For Girls, Francine Sherman, Annie Balck

Francine T. Sherman

Despite decades of attention, the proportion of girls in the juvenile justice system has increased and their challenges have remained remarkably consistent, resulting in deeply rooted systemic gender injustice. The literature is clear that girls in the justice system have experienced abuse, violence, adversity, and deprivation across many of the domains of their lives—family, peers, intimate partners, and community. There is also increasing understanding of the sorts of programs helpful to these girls. What is missing is a focus on how systems—and particularly juvenile justice systems—can be redesigned to protect public safety and support the healing and healthy development of …

Greffe: A Section 8 Triumph Or A Thorn In The Side Of Law Enforcement, Alan N. Young

Alan N. Young

This article concerns the constitutionality of drug enforcement laws in the context of R. v. Greffe.

Criminalizing The State, François Tanguay-Renaud

François Tanguay-Renaud

François Tanguay-Renaud, Associate Professor, Osgood Hall Law School speaks about political theory and criminal law, asking the underexplored question of whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a specific focus on the possibility of its domestic criminalization. He identifies the core objections to the criminalization of states, for example, objections to the condemnation and punishment of the state, as a result of a suitably ‘criminal’ process of public accountability, for the culpable perpetration of legal wrongs. He then investigate ways in which these objections can be challenged.

Crime And The Distribution Of Security, Victor Tadros, Susan Dimock, François Tanguay-Renaud

François Tanguay-Renaud

Victor Tadros, University of Warwick, speaks about a theory of criminalization and constraints on conduct. He considers the application of the harm principle and suggests that in addition to this harm constraint a wrongfulness constraint and a punishment constraint could also be considered. He also investigates the principles that govern decisions around the criminalization of conduct.

Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos

François Tanguay-Renaud

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …

Discussion Of Antony Duff's 'Or 'Emet Lecture: Legal Philosophy Between State And Transnationalism, Antony Duff, François Tanguay-Renaud, Michael Giudice

François Tanguay-Renaud

Follow-up seminar on Antony Duff’s ‘Or ‘Emet Lecture, delivered on Thursday, March 14, 2013. Part of the Legal Philosophy Between State and Transnationalism Seminar Series. Respondents: Michael Giudice, York Philosophy and François Tanguay-Renaud, Osgoode Hall Law School.

International Criminal Law And The Inner Morality Of Law, Larry May, Margaret Martin, Craig Scott

Craig M. Scott

Larry May, W. Alton Jones Professor of Philosophy and Professor Law Vanderbilt University, investigates what Fuller called “procedural natural law” in contemporary international criminal law.

Respondent: Margaret Martin, University of Western Ontario

R. V. Carosella, Richard Haigh, Jim Smith

Richard Haigh

No abstract provided.

Immortality And Sentencing Law, Richard Haigh, Mirko Bagaric

Richard Haigh

No abstract provided.

Interview With Jock Young, Shelley Gavigan, Susan Addario

Shelley A. M. Gavigan

No abstract provided.

Regulating Sex: An Anthology Of Commentaries On The Findings And Recommendations Of The Badgley And Fraser Reports, John Lowman, Margaret Jackson, Ted Palys, Shelley Gavigan

Shelley A. M. Gavigan

"This anthology contains 12 papers that explain and critique Canada's Badgley and Fraser Reports, which present research findings and recommendations pertaining to the definition and regulation of sexual behavior and sexual imagery in Canadian society. The opening paper reviews the Federal Government's formal reaction to the reports it commissioned, including an overview of the reports and a summary and evaluation of existing sexual-offense legislation. A paper by a member of the Badgley Committee discusses major criticisms of the report, and a paper by a member of the Fraser Committee describes the philosophy and procedures of the committee. Critiques of the …

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

La Libertad De Expresión Frente A Los Delitos De Negacionismo Y De Provocación Al Odio Y A La Violencia: Sombras Sin Luces En La Reforma Del Código Penal, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Racist and negationist speeches are at the border of tolerable messages in a democratic society. This paper will explore the limits to freedom of speech in the Spanish law, which is configured as a constitutional order «open» and based on the idea of «person», contrasting with the militant model characteristic of the European Convention on Human Rights. Then, once outlined the content of this freedom, the paper will submit to constitutional review the Holocaust denial crime and hate speech crimes after the reform of the Criminal Code in 2015, from a constitutional-criminal law perspective.

Sentencing And The Salience Of Pain And Hope, Benjamin Berger

Benjamin L. Berger

What would a jurisprudence of sentencing that was induced from the experience of punishment, rather than deduced from the technocracy of criminal justice, look like? Rather than focusing narrowly on the question of quantum, such a jurisprudence would be concerned with the character and quality of punishment. A fit sentence would account for pain, loss, estrangement, alienation, and other features of the offender’s aggregate experience of suffering at the hands of the state in response to his or her wrongdoing. This would be a broader, more resolutely political conception of criminal punishment. This article shows that the jurisprudence of the …

Unsettled Legacy: Thirty Years Of Criminal Justice Under The Charter, Benjamin Berger, James Stribopoulos

Benjamin L Berger

After thirty years, what effect has the Charter had on the justness of the Canadian criminal justice system? This thought-provoking collection of essays by a group of leading criminal law scholars explores that very question, critically examining the ways in which the Charter has shaped Canadian criminal law and its administration. Edited by Professors Benjamin L. Berger and James Stribopoulos of Osgoode Hall Law School, these essays offer insight into every facet of the Charter's influence over how crimes are defined, investigated and prosecuted. The result is an invaluable resource for scholars, practitioners and judges interested in criminal justice in …