Law Commons^™

Knowledge Inferences In Money Laundering And Structuring Prosecutions, Parry Alicia Stender Black

Parry Alicia Stender Black

No abstract provided.

Describing Dishonest Means: The Implications Of Seeing Dishonesty As A Course Of Conduct Or Mental Element And The Parallels With Indecency, Alex Steel

Alex Steel

Fundamental differences exist internationally and within over the definition of ‘dishonestly’ and the associated term ‘fraudulently’. In Australia and Canada a further concept of ‘dishonest means’ exists. This article critically examines the Australian High Court’s analysis of ‘dishonest means’ in Peters v The Queen by comparing it with the approach taken by the Canadian Supreme Court in R v Theroux and R v Zlatic. The definition of ‘dishonest means’ in Peters is also compared with the exposition of actus reus and mens rea set out in He Kaw Teh v The Queen, and with similar issues faced by courts in …

Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …

What Does Intent Mean?, David Crump

David Crump

Intent sounds as though it has a clear meaning. But it does not. Sometimes it is defined strictly, so as to require purpose: a conscious desire on the part of the actor to bring about the result. Sometimes it is a lesser standard, requiring knowledge that the result is likely to happen. Sometimes intent is defined in a way that corresponds, really, to recklessness or negligence, requiring only an awareness of some possibility of a harmful result. Some courts have even said that objective blameworthiness is sufficient to constitute intent, implying that no mental state at all is required. Some …

The Meanings Of Dishonesty In Theft, Alex Steel

Alex Steel

This paper examines the development of the element of fraudulence in larceny and its recasting as dishonesty in modern theft offences. It examines the diverging approaches in England, Canada, New Zealand and Australia and attempts to explain the implications of the various approaches. It suggests that historical debates over the term arose because of the lack of clarity in early decisions, and that those debates continue today. Consequently, the principled basis for dishonesty as a legal term remains fundamentally unclear and discussion of the term requires further consideration.

The Insanity Of Mens Rea: Due Process And The Abolition Of The Insanity Defense, Jean K. Phillips, Rebecca E. Woodman

Jean K Phillips

The Insanity of the Mens Rea Model:

Due Process and the Abolition of the Insanity Defense.

Jean K. Gilles Phillips and Rebecca E. Woodman

Abstract

In the last 15 years a flurry of legislative activity has taken place as states have attempted to redefine the insanity defense. This article focuses on those states who chose not just to refine the definition of insanity, but to completely abolish it as an affirmative defense.

During the 2006 Supreme Court term many believed that the Court would answer the question of whether the Due Process Clause protects the right of the accused to …