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Articles 12931 - 12960 of 27901

Full-Text Articles in Criminal Law

"Perfectly Properly Triable" In The United States: Is Extradition A Real And Significant Threat To Foreign Antitrust Offenders?, Daseul Kim Jan 2008

"Perfectly Properly Triable" In The United States: Is Extradition A Real And Significant Threat To Foreign Antitrust Offenders?, Daseul Kim

Northwestern Journal of International Law & Business

Seeking extradition of foreign officers in charge of foreign corporations for trial in the United States is one of the latest policies that the U.S. Department of Justice ("DOJ") has adopted to enforce U.S. antitrust laws internationally. As a result, the world has become a much riskier place for foreign officers and executives, who, in the past, could practically ignore U.S. antitrust laws and still hide safely behind the protection of their own countries' borders. The DOJ expects this "real and significant" threat of extradition to incentivize foreign corporate officers to comply with U.S. antitrust laws by altering their conduct, …

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Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan Jan 2008

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …

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Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg Jan 2008

Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg

West Virginia Law Review

No abstract provided.

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Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider Jan 2008

Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

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Funding Justice: The Price Of War Crimes Trials, Rupert Skilbeck Jan 2008

Funding Justice: The Price Of War Crimes Trials, Rupert Skilbeck

Human Rights Brief

No abstract provided.

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Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane Jan 2008

Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane

Human Rights Brief

No abstract provided.

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Updates From The International Criminal Courts, Anna Katherine Drake, Rachel Katzman, Katherine Cleary, Solomon Shinerock, Howard Shneider Jan 2008

Updates From The International Criminal Courts, Anna Katherine Drake, Rachel Katzman, Katherine Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

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The Constable Blunders But Isnt Punished Does Hudson V Michigans Abolition Of The Exclusionary Rule Extend Beyond Knockandannounce Violations, Mark A. Summers Jan 2008

The Constable Blunders But Isnt Punished Does Hudson V Michigans Abolition Of The Exclusionary Rule Extend Beyond Knockandannounce Violations, Mark A. Summers

Faculty Scholarship

No abstract provided.

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The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis Jan 2008

The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto Jan 2008

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …

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Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez Jan 2008

Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez Jan 2008

Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax Jan 2008

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …

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Grand Jury Discretion And Constitutional Design, Roger Fairfax Jan 2008

Grand Jury Discretion And Constitutional Design, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …

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Foreword: Victims And The Criminal Justice System, Luis E. Chiesa Jan 2008

Foreword: Victims And The Criminal Justice System, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell Jan 2008

"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell

Indiana Law Journal

This Essay addresses the theoretical debate on torture in an empirical way. It urges that as part of our evaluation of the merits of torture, we take a shrewd look at the quality of information brutal interrogations produce. The Essay identifies widespread belief in what the author identifies as the "torture myth "-the idea that torture is the most effective interrogation practice. In reality, in addition to its oft-acknowledged moral and legal problems, the use of torture carries with it a host of practical problems which seriously blunt its effectiveness. This Essay demonstrates that contrary to the myth, torture and …

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What Is The Law On Duress Under International Criminal Law (Icl)? Is It A Defence (Full Or Partial)? If Not, What Effect Does It Have In Mitigating Culpability?, Josephina S.R. Manifold Jan 2008

What Is The Law On Duress Under International Criminal Law (Icl)? Is It A Defence (Full Or Partial)? If Not, What Effect Does It Have In Mitigating Culpability?, Josephina S.R. Manifold

War Crimes Memoranda

No abstract provided.

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The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman Jan 2008

The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This is the James D. Hopkins Memorial Lecture in honor of Judge Hopkins, who was the Dean of Pace Law School from 1982 to 1983 and earlier served with great distinction on the New York Appellate Division's Second Judicial Department. Judge Hopkins served on that court when I worked in the special prosecutor's office, and as head of the appeals bureau, I argued several cases in Judge Hopkins' court. One case stands out, the case of Salvatore Nigrone v. Murtagh. It was an extensive undercover investigation. My office used informants, wiretaps, and a sham arrest to expose corrupt attempts to …

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Animal Cruelty Laws And Factory Farming, Joseph Vining Jan 2008

Animal Cruelty Laws And Factory Farming, Joseph Vining

Michigan Law Review First Impressions

“Should laws criminalizing animal abuse apply to animals raised for food?” The answer is yes, and yes especially because farm animals are generally now under the control of business corporations. State and federal criminal law have proved critical in modifying corporate policy and practice in other areas, a current example being worker safety. Criminal liability today would include criminal liability of the corporate entity itself, and would thus also introduce the most effective regulation of individual handling of farm animals—regulation by the corporation, which has methods and resources public agencies cannot match. We have a background public policy of humane …

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An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Federal Courts, Deirdre M. Smith Jan 2008

An Uncertain Privilege: Implied Waiver And The Eviseration Of The Psychotherapist Patient Privilege In The Federal Courts, Deirdre M. Smith

Faculty Publications

Twelve years ago in Jaffee v. Redmond, 518 U.S. 1 (1996), the United States Supreme Court first recognized a federal common law psychotherapist-patient privilege and held that federal courts must protect confidential communications arising in psychotherapy despite the "likely evidentiary benefit" of such communications. This article examines the sharply conflicting authority in the federal courts that has developed since that landmark decision on the question of whether a plaintiff to a civil lawsuit waives the psychotherapist-patient privilege merely by seeking emotional distress damages. The federal courts' inconsistent and unprincipled approaches to this question renders the privilege itself nearly illusory and …

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The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky Jan 2008

The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky

Villanova Law Review (1956 - )

No abstract provided.

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Legal Classification And Status Of Forced Recruits Over The Age Of Fifteen Years Old: Are Forced Recruits Enslaved Within The Meaning Of International Law Or Do They Fall Within A Different Legal Classification (Namely, Civilian Or Combatant)?, Brin Thaxton Anderson Jan 2008

Legal Classification And Status Of Forced Recruits Over The Age Of Fifteen Years Old: Are Forced Recruits Enslaved Within The Meaning Of International Law Or Do They Fall Within A Different Legal Classification (Namely, Civilian Or Combatant)?, Brin Thaxton Anderson

War Crimes Memoranda

No abstract provided.

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"Instigation" In International Criminal Law, Louis David Coddon Jan 2008

"Instigation" In International Criminal Law, Louis David Coddon

War Crimes Memoranda

No abstract provided.

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“Planning” Under International Criminal Law Specifically Addressing The Legal Elements And The Scope Of The Term To “Plan” A Crime Under International Criminal Law., Sara Mahmoud-Davis Jan 2008

“Planning” Under International Criminal Law Specifically Addressing The Legal Elements And The Scope Of The Term To “Plan” A Crime Under International Criminal Law., Sara Mahmoud-Davis

War Crimes Memoranda

No abstract provided.

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Can The Mass Starvation And Denial Of Medical Services To Those Held In Involuntary Detention Constitute Genocide, Crimes Against Humanity, Or Grave Breaches Of The Geneva Convention? And What Level Of Foreseeability Is Necessary To Hold Policy Makers Liable For Starvation And Illness?, Sheronda M. Lawson Jan 2008

Can The Mass Starvation And Denial Of Medical Services To Those Held In Involuntary Detention Constitute Genocide, Crimes Against Humanity, Or Grave Breaches Of The Geneva Convention? And What Level Of Foreseeability Is Necessary To Hold Policy Makers Liable For Starvation And Illness?, Sheronda M. Lawson

War Crimes Memoranda

No abstract provided.

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Extraordinary Chamber For The Cambodian Courts, Eccc, Crimes Against Humanity As Customary International Law In 1975 And The Evidentiary Threshold For Discriminatory Intent, Corey Harkey Jan 2008

Extraordinary Chamber For The Cambodian Courts, Eccc, Crimes Against Humanity As Customary International Law In 1975 And The Evidentiary Threshold For Discriminatory Intent, Corey Harkey

War Crimes Memoranda

No abstract provided.

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Regarding State Owned Resources, Or In The Alternative, Resources In Which The State Has The Primary Or Superior Interest - Would Exploitation Of Such Resources Constitute Pillage As That Term Is Defined In International Criminal Law? And Would Such Conduct Be A Crime Against Humanity As It Is A State Owned Resource, Or A Resource In Which The State Has The Primary Or Superior Interest?, Michael Mcgregor Jan 2008

Regarding State Owned Resources, Or In The Alternative, Resources In Which The State Has The Primary Or Superior Interest - Would Exploitation Of Such Resources Constitute Pillage As That Term Is Defined In International Criminal Law? And Would Such Conduct Be A Crime Against Humanity As It Is A State Owned Resource, Or A Resource In Which The State Has The Primary Or Superior Interest?, Michael Mcgregor

War Crimes Memoranda

No abstract provided.

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Should The Extraordinary Chambers In The Courts Of Cambodia Be Allowed To Admit Evidence Of The Khmer Rouge’S Command Structure That Was Obtained From The Torture Of Prisoners At Tuol Sleng, Alexander Laytin Jan 2008

Should The Extraordinary Chambers In The Courts Of Cambodia Be Allowed To Admit Evidence Of The Khmer Rouge’S Command Structure That Was Obtained From The Torture Of Prisoners At Tuol Sleng, Alexander Laytin

War Crimes Memoranda

No abstract provided.

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Superior Responsibility And The Extraordinary Chambers Of The Courts Of Cambodia, Eccc, Eccc And Superior Responsibility, Status Of Superior Responsibility In International Law Before 1975 Specifically Discussing The Existence, Character, And Special Problems Of The Doctrine Of Superior Responsibility., J. Matthew Lineham Jan 2008

Superior Responsibility And The Extraordinary Chambers Of The Courts Of Cambodia, Eccc, Eccc And Superior Responsibility, Status Of Superior Responsibility In International Law Before 1975 Specifically Discussing The Existence, Character, And Special Problems Of The Doctrine Of Superior Responsibility., J. Matthew Lineham

War Crimes Memoranda

No abstract provided.

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The Adequacy Of Uganda’S War Crimes Court, Gadeir Abbas Jan 2008

The Adequacy Of Uganda’S War Crimes Court, Gadeir Abbas

War Crimes Memoranda

No abstract provided.

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