Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2014

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 668

Full-Text Articles in Criminal Law

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith Dec 2014

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith

Oklahoma Law Review

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …


The Diary Of An Ex-Con, Erica Edwards Dec 2014

The Diary Of An Ex-Con, Erica Edwards

Capstones

Evelyn Litwok talks about abuse that incarcerated people experience in prison and the punishment inmates face when they attempt to address it with administration.


The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun Dec 2014

The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun

Indonesia Law Review

The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …


Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr. Dec 2014

Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.

Indonesia Law Review

The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, …


Appellate Division, First Department, People V. Celaj, Danielle Dupré Dec 2014

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.


Apellate Division, Third Department, People V. Kelley, Elyssa Lane Dec 2014

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen Dec 2014

Court Of Appeals Of New York, People V. Mundo, Avinoam Cohen

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley Dec 2014

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Cahill, Annette Thompson Dec 2014

Court Of Appeals Of New York, People V. Cahill, Annette Thompson

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley Dec 2014

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Colon, Jocelin Los Dec 2014

Appellate Division, Third Department, People V. Colon, Jocelin Los

Touro Law Review

No abstract provided.


County Court, Rockland County, People V. Clark, Lauren Tan Dec 2014

County Court, Rockland County, People V. Clark, Lauren Tan

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Rose, Susan Persaud Dec 2014

Court Of Appeals Of New York, People V. Rose, Susan Persaud

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Abar, Danielle Dupré Dec 2014

Court Of Appeals Of New York, People V. Abar, Danielle Dupré

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster Dec 2014

Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Taylor, Susan Persaud Dec 2014

Court Of Appeals Of New York, People V. Taylor, Susan Persaud

Touro Law Review

No abstract provided.


Supreme Court, Appellate Term, People V. Morin, Lauren Tan Dec 2014

Supreme Court, Appellate Term, People V. Morin, Lauren Tan

Touro Law Review

No abstract provided.


Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson Dec 2014

Family Court, Queens County, In The Matter Of Joseph G., Annette Thompson

Touro Law Review

No abstract provided.


Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein Dec 2014

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Dec 2014

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


State V. Melisron, Ltd., Elyakim Rubinstein, Daphne Barak-Erez, Uzi Vogelman Dec 2014

State V. Melisron, Ltd., Elyakim Rubinstein, Daphne Barak-Erez, Uzi Vogelman

Translated Opinions

Appeals on judgments on the District Court in an affair of securities fraud, in which Golan Madar, Eliyahu Haelyon, Ofer Investments Ltd. and Ofer Development were convicted, and both Melisron, Ltd. and Avraham Levi was acquitted due to reasonable doubt. We are concerned with two primary issues: 1) Should a person be convicted of the offense of manipulation under section 54(a)(2) of the Securities Law if it was found that his actions were motivated by mixed intentions – a fraudulent intent and a legitimate business intent; and 2) Under what circumstances should a corporation be found criminally responsible for offenses …


Appellate Division, Fourth Department, People V. Cortes, Jennifer Feldman Dec 2014

Appellate Division, Fourth Department, People V. Cortes, Jennifer Feldman

Touro Law Review

No abstract provided.


Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum Dec 2014

Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum

Touro Law Review

No abstract provided.


A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein Dec 2014

A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Summary Of Brant V. State, 130 Nev. Adv. Op. 97, Jaymes Orr Dec 2014

Summary Of Brant V. State, 130 Nev. Adv. Op. 97, Jaymes Orr

Nevada Supreme Court Summaries

The Court upheld that the exclusion of expert testimony is left to the district court’s wide discretion, except in cases of abuse of its discretion. Expert testimony must be relevant and reliable to be of assistance to the trier of fact. Because Brant could not present scientific or other evidence that his interrogation witness would demonstrate that Brant’s brain injury caused him falsely confess, the district court’s discretion would not be disturbed and the judgment was affirmed.


Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat Dec 2014

Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat

Georgia Journal of International & Comparative Law

No abstract provided.


Actual Innocence In New York: The Curious Case Of People V. Hamilton, Benjamin E. Rosenberg Dec 2014

Actual Innocence In New York: The Curious Case Of People V. Hamilton, Benjamin E. Rosenberg

Res Gestae

It is rare for a case from the New York Appellate Division to be as significant as People v. Hamilton. The case, however, was the first New York appellate court decision to hold that a defendant might vacate his conviction if he could demonstrate that he was “actually innocent” of the crime of which he was charged. Although the precedential force of the decision is limited to the Second Department, trial courts throughout the state are required to follow Hamilton unless or until the appellate court in their own Department rules on the issue. Courts throughout the state are …


Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin Dec 2014

Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin

William & Mary Bill of Rights Journal

The Supreme Court’s decision in Hall v. Florida held that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, Hall “scientized” the definition of a legal concept. This Article discusses the implications of this unprecedented move. It also introduces the idea of scientific stare decisis—a requirement that groups that are scientifically alike be treated similarly for culpability purposes—as a means of implementing the scientization process.


Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis Dec 2014

Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis

William & Mary Bill of Rights Journal

No abstract provided.


The Daryl Atkins Story, Mark E. Olive Dec 2014

The Daryl Atkins Story, Mark E. Olive

William & Mary Bill of Rights Journal

No abstract provided.