Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Jurisdiction (3)
- Crimes (2)
- Criminal law (2)
- International Criminal Court (2)
- Abroad (1)
-
- Aircraft (1)
- Alien (1)
- American Indians (1)
- Civil Liability in Criminal Law (1)
- Civil liability (1)
- Combat (1)
- Composite crimes (1)
- Continuing crimes (1)
- Convention (1)
- Courts (1)
- Crime management (1)
- Criminal Law and Procedure (1)
- Criminal jurisdiction (1)
- Detention of persons (1)
- Domestic (1)
- Domestic violance (1)
- Executive power (1)
- Exploitation (1)
- Extradition (1)
- Extraterritorial (1)
- Extraterritorially (1)
- Financial control (1)
- Gaming crimes (1)
- Gender and law (1)
- Guantánamo Bay Naval Base (1)
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Criminal Law
The Market For Criminal Justice: Federalism, Crime Control And Jurisdictional Competition, Doron Teichman
The Market For Criminal Justice: Federalism, Crime Control And Jurisdictional Competition, Doron Teichman
Law & Economics Working Papers Archive: 2003-2009
For the most part, the United States has a decentralized criminal justice system. State legislatures define the majority of crimes and set out the punishments for those crimes. In addition, the enforcement of criminal laws lies, in most cases, in the hands of local law enforcement agencies. This article points out how this decentralized structure drives local jurisdictions to harshen their criminal justice system in order to displace crime to neighboring jurisdictions. More precisely, local jurisdictions can attempt to displace crime in two distinct ways. First, they can raise the expected sanction to a level that is higher than that …
Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon
Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon
University of Michigan Journal of Law Reform
Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-Indian men. In 1978 the Supreme Court stripped tribes of their power to prosecute non-Indians in criminal matters, which not only damaged tribal sovereignty but also meant the difference between a life free from abuse and one with constant fear, intimidation, and pain for Indian women.
The …
Brief Amici Curiae Of Legal Historians Listed Herein In Support Of The Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 14, 2004), James Oldham
U.S. Supreme Court Briefs
No abstract provided.
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Continuing Crimes In The Rome Statute, Alan Nissel
Continuing Crimes In The Rome Statute, Alan Nissel
Michigan Journal of International Law
One of the most ambitious goals of the International Criminal Court is to balance the ideal of ending impunity with the legalistic protection of the accused from the arbitrary application of law. Accordingly, the main task of this Article will be to determine when continuing crimes will fall under the jurisdiction of the International Criminal Court according to the established primary and secondary sources of international law-i.e., within the rule of law.
Universal Criminal Jurisdiction, Douglass Cassel
Universal Criminal Jurisdiction, Douglass Cassel
Journal Articles
Universal criminal jurisdiction is an important tool in the worldwide struggle to end impunity for serious international crimes.
Universal criminal jurisdiction is the principle of international law that permits any nation to prosecute certain serious international crimes, regardless of where they are committed, by whom or against whom, or any other unique tie to the prosecuting nation. The Recommendation applies whether or not an accused is in custody and does not address the separate topics of universal jurisdiction in civil cases or the immunities of senior government officials before foreign national courts.
Universal criminal jurisdiction developed over time as a …
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Cleveland State Law Review
This article will trace the history of tribal criminal jurisdiction following the arrival of the colonists, through the foundation of the United States government, and will lead into where it stands today. On this journey, this article will discuss significant statutes and case law dealing with the role tribal courts have played in handling criminal jurisdiction in Indian country and will also discuss some important studies conducted by the Department of Justice Bureau of Justice Statistics and others on the current state of violent crime in Indian country, as well as the tribes' ability to handle it. Finally, this article …
Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley
Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley
Scholarly Works
To cope more effectively with the changed landscape of child exploitation, it is necessary for laws to expand their extraterritorial reach. Some statutes in the “child exploitation arena” have already been ruled to apply extraterritorially. The prime example of this is 18 U.S.C. § 2252 (2004) (certain activities relating to the material involving the sexual exploitation of minors). Two of the more useful statutes in combating online pedophiles are 18 U.S.C. § 1470 (2003) (transfer of obscene materials to minors) and 18 U.S.C. § 2422 (2003) (coercion and enticement). These latter statutes, however, have yet to receive significant or …
Aedpa's 'Adjudication On The Merits' Requirement: Collateral Review, Federalism, And Comity, Robert D. Sloane
Aedpa's 'Adjudication On The Merits' Requirement: Collateral Review, Federalism, And Comity, Robert D. Sloane
Faculty Scholarship
The modern law of federal habeas corpus is a labyrinth of counterfactuals and arcane procedural hurdles that few state petitioners manage to navigate-as Justice Blackmun once wrote less charitably in dissent, "a Byzantine morass of arbitrary, unnecessary, and unjustifiable impediments to the vindication of federal rights." The convoluted inquiries required arise from the need to reconcile three developments of the past four decades that remain in tension with one another: first, the Warren Court's expansion of federal habeas relief, identified with Fay v. Noia and its progeny; second, the Burger and Rehnquist Courts' curtailment of that expansion, identified with Wainwright …
Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant
Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant
Michelle Gallant
An examination of contemporary crime management strategies reveals an emerging trend. With increasing frequency, reliance is placed on a money-centered model of control, a model that copes with crime by attacking its financial underpinnings, the money and the assets linked to the offences. A second trend occurs within the first, the diminution of criminal models in favor of civil legal models. In 2001, the provinces of Alberta and Ontario partook of this trend. Manitoba, in its own unique fashion, joined the movement in 2003.
The paper outlines the contours civil models, identifies the main themes of constitutional conflicts and locates …