Criminal Law Commons^™

Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa Otani

UAEU Law Journal

The aim of this study is to highlight the problem of divergence between the principles established in the legal conscience related to minimizing state intervention in enforcing punishment, and the current expansion of the Criminal Law. This problem caused contemporary jurisprudence to sound the alarm that the consequences will be serious, and there is an urgent need to draw new boundaries for the criminal policy under which the Criminal Law operates. Rationalization of punishment is one of the guiding principles which advocate non-excessive use of punitive means to achieve social control, and the pursuit of alternative ways of fighting crimes …

Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov

ProAcademy

The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime …

Prosecutor's Supervision Over The Legality Of The Preliminary Investigation And Inquiry During The Qualification Of Crimes In The Field Of Information Technology, Atobek Ravshanovich Davronov

ProAcademy

Correct, that is, consistent with the principles of criminal law and criminal law, qualification of a crime ensures accurate and full application of the complex of norms of criminal and criminal procedure laws. Depending on the qualification of the crime, criminal law issues are resolved about punishment, release from criminal liability and punishment, parole, calculation of convictions, amnesty. The qualification of crimes is important for initiating a criminal case, determining the subject of proof, ensuring the rights of the accused and applying other criminal procedural norms. This scientific and practical article is devoted to the prosecutor's supervision over the correct …

Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Compensation For The Damage Resulting From Preventive Detention When There Is Evidence Of The Suspect's Innocence: A Comparative Study, Tail Mahmoud Aref

UAEU Law Journal

This study sheds light on the idea of Compensation for the damage resulting from preventive detention of a suspect against whom a decision has been issued to bring a criminal lawsuit or issue acquittal. The researcher has examined and reviewed the relevant legal texts of the French, Jordanian and Emirati legislations to clarify the concept of 'preventive detention along with its legitimacy, and introduce the general rules of torts and the conditions of compensation. This study, also, examines the extent to which a suspect may claim compensation against preventive detention, along with the legal reasoning behind it. The research findings …

Drafting Methods Of Criminal Legal Texts, Nofal Ali Alsafw

UAEU Law Journal

Criminal law is closely related to the other branches of Law for the sake of achieving the objectives of the legal system .The preparation and drafting stage is the most important stage of the legislative process. In fact, every mistake in the drafting leads to a legislative error, which in turn leads to a judicial error. Therefore, Criminal text must be devoid of any shortages, ambiguity or error, as the development of legislation to address all people of different cognitive levels and cultural backgrounds. It is imperative to use simple wording that is easy and clear to all. "The language …

System Of Electronic Surveillance In The French And Comparative Law French And Comparative Law, Dr Ramy Metwally El-Kady

UAEU Law Journal

The Topic of Electronic Surveillance is one of the modern topics in the field of criminal justice, accounting to the using of modern technologies in the field of implementation of criminal penalties by replacing short-term imprisonment penalties with home detention or restricting the freedom of the person at his home through the use of techniques of electronic surveillance.

This system has proved a success in many developed countries during the treatment of the problem of the negatives arising from the implementation of sanctions of deprivation of liberty in prisons, that some people see it as the corrupt environment that does …

Penal Measures Against Plagiarism In The Digital Environment, ٍSafaa Otani

UAEU Law Journal

The digital revolution has been a double-edged sword in the Education sector. As much as it had an enormously positive impact on both education and scientific research, including the provision of new types of education like computer-aided instruction and online courses, it has become a source of real abuse by both students and members of academic staff. Students and Staff ‘ease of access to the digital world has lured some of them to steal others people publications, such as research papers, scientific reports and theses, and attribute them to themselves. This has caused rise to a new phenomena: “Plagiarism in …

Problematic Of Implicit Cancellation Of Criminal Legal Texts (In Light Of The Principles Of Legality And Validity Of The Penal Provisions In Terms Of Time), Omar Abdul Majid Mosbih

UAEU Law Journal

This study deals with the problem of implicit cancellation of the criminal texts (in light of the principles of legality and effectiveness of the criminal rule in terms time); the study is divided to two sections: first, the general principles of rules pertaining to the implicit cancellation of the criminal texts and in section II: the impact of implicit cancellation rule on legislative and judicial policy. We show that legislative basis should distance itself from the lack of precision, which is the product of the current understanding of the idea of cancellation as the more apparent idea and determines the …

Offense Of Thuggery In The Egyptian Penal Code, Rami Metwally Al-Qadi

UAEU Law Journal

Egyptian legislature takes attention of criminalizing the act of terrorizing and intimidating citizens, which is known as bullying or thuggery offense.

Crime represents an assault on the human right to security.

In addition, to confront a serious phenomenon that Egyptians suffered from it lately.

The bullying is a crime of the Egyptian Penal Code that aimed at the confrontation of the types of using the force and the threat of violence in order to intimidate the victim to harm him materially or morally or damage to his possessions, robbed his money, or get the benefit of him or influence in …

Cruel And Unusual: Closing The Door On Juvenile De Facto Life Sentences, Thomas Garrity

Catholic University Law Review

There currently exists a split amongst the Federal Circuit Courts that stands ripe for review. The Supreme Court laid down clear precedent in its landmark decisions of Roper v. Simmons, Graham v. Florida, and Miller v. Alabama that capital punishment and life without parole are cruel and unusual as applied to juvenile non-homicidal offenders categorically and as applied to juvenile homicidal offenders without consideration of youth as a mitigating factor. There, however, was a door left open by these cases that allowed for judges to side-step the Court’s mandate. Using excessively long term-of-years sentences—longer than the most hopeful of estimates …

When Is Police Interrogation Really Police Interrogation? A Look At The Application Of The Miranda Mandate, Paul Marcus

Catholic University Law Review

Decades after the Supreme Court’s decision in Miranda v. Arizona, questions abound as to what constitutes interrogation when a suspect is in custody. What appeared a concise, uniform rule has, in practice, left the Fifth Amendment waters muddied. This article addresses a potential disconnect between law enforcement and the courts by analyzing examples of issues arising from Miranda’s application in an array of case law. Ultimately, it attempts to clarify an ambiguity by offering a standard for what conduct classifies as an interrogation.

Clarifying The Probable Cause Standard In The Internet Age For Crimes Involving Child Pornography, Justin Kenyon

Catholic University Law Review

Since the rise of the Internet Age in the early 1990s the distribution of child pornography has increased at a staggering rate. In response Congress has repeatedly enacted legislation with the goal of eliminating the child pornography industry however, to date, a uniform probable cause standard to find evidence of these crimes remains elusive. This article explores the various approaches used to establish a sufficient basis of probable cause to search for evidence of child pornography. Within the last decade a clear divide has formed around the question of whether a prior conviction of child molestation can contribute to a …

Crimes Against Electronic Signatures In Saudi Law, Osama Ghanem Alobaidy

UAEU Law Journal

The communication and information era revolution in tandem with the technological development resulted a great increase in electronic business transactions. Electronic signature technology, which is necessary to authenticate electronic transactions, has been vital in achieving this development. People are using the internet to buy goods and services of all sorts and kinds.

Business transactions, which often require negotiations, a lot of money, and complicated contracts, electronic signatures can render the contract legal, valid, binding, and enforceable.

Businesses want to contract electronically for practical reasons, such as more efficient transactions and reduction of paperwork; in addition, electronic contracting can save money …

Foundations And Types Of Criminal Liability Of A Legal Person In The English Law And The Penal Code Of The United Arab Emirates: A Comparative Study, Butti Sultan Al-Muhairi

UAEU Law Journal

This Article aims to determine the basis and type of corporate criminal liability provided by the UAE Penal Code. To achieve this aim, comparison has been made between the UAE Penal Code and the English Law. The development of corporate criminal liability within the English Law, the basis, type and theories established such liability have been examined. It is seen that the English Criminal Law makes distinction between two types of corporate criminal liability, indirect and direct liability. The English Courts base the indirect liability upon the principle of vicarious liability. This type of liability applies to offences of strict …

Guilty Plea Agreements In The United States Of America: Study The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates First Section, Meshari Al-Eifan

UAEU Law Journal

In the first section of this study, this study reviews the concept of Guilty Plea Agreements. In addition, this reviews the conditions of validity of these agreements in light of constitutional and legal terms.

Guilty Plea Agreements In The United States Of America: Study On The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates, Meshari Al-Eifan

UAEU Law Journal

The second section of this study, it reviews the possibility of the application of the Guilty Plea Agreements in the Kuwaiti and UAE legal systems.

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …

Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette

Undergraduate Economic Review

Black males received sentences about twenty percent longer than similarly situated white males from 2012 to 2016. Some of this inequality may be introduced by mandatory minimum sentences. Charges carrying a mandatory minimum sentence are brought against Black defendants at higher rates than white defendants. It has been argued that these sentences introduce bias in two ways: legislatively (the types of crimes that carry a mandatory minimum) and in the way these sentences are put into practice (increasing prosecutorial discretion). This brief explores whether mandatory minimum sentences increase racial inequality in criminal sentencing.

Re: Center For The Human Rights Of Children’S Input For The 2021 Trafficking In Persons Report, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

No abstract provided.

The Crime Of Defamation Through The Means Of Information Technology In Light Of The Saudi Anti-Cybercrime Law: A Comparative Study, Mohamed Almazmoumi

UAEU Law Journal

This study emphasized on the importance of conducting a research about the online defamation crime to clarify its negative impacts, how it can be dealt with, the main pillars of this crime and how it can be addressed based on the Saudi Anti-Cyber Crime Law which was issued under the Council of Ministers Decision No. 79, dated 7/3/1428 H. The online defamation crime is one of most difficult crime to prove as it happens in cyber space which is not completely governed and controlled. Therefore, this study tried to address some the obstacles that face the prove of this crime …

The Legal Provisions Of Induced Abortion Leading To Death In The Jordanian And The Uae Legislations, Abdullah M. Ahjaila

UAEU Law Journal

This study addresses the legal characterization of the crime of “induced abortion leading to death” in light of the Jordanian and UAE legislations, especially that the the UAE Penal Law does not provide for a special characterization for such a crime.

The study aims at determining the legal characterizations that could be gathered in this crime, which leads to what is known as the “concurrence of the mens rea”. This is because whoever assaults a pregnant woman with the intention to cause her abortion, and the woman dies as a result, this act could either be characterized as assault leading …

Go Phish: Circuit Split In Policy Interpretation For Social Engineering Fraud Losses Creates Ambiguity For Insurers And Insureds, Gabriella Scott

Villanova Law Review (1956 - )

No abstract provided.

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …

Police Reform Through A Power Lens, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Straight From The Source: Examining Gender Differences In Inmate Advice For Avoiding Prison Sexual Victimization, Beatriz Amalfi Marques, Ashley G. Blackburn, Shannon K. Fowler, Janet L. Mullings, Maria L. Lecuna

Qualitative Criminology (QC)

"Once incarcerated, inmates face a myriad of potential threats to their physical and emotional wellbeing. The threat of being sexually or otherwise victimized while in prison breeds anxiety and fear among inmates, especially those who are new to the prison environment. In response, inmates have developed strategies to avoid victimization. The present study, utilizing self-report questionnaires, asked a sample of male and female inmates in a large Southern prison system about the advice they would give to another newly incarcerated inmate to avoid being sexually assaulted. A thematic analysis of inmates’ open-ended responses revealed male and female inmates have different …

The Intersection Of Wrongful Convictions And Gender In Cases Where Women Were Sentenced To Death Or Life In Prison Without Parole, Connor F. Lang

Michigan Journal of Gender & Law

This Note examines National Registry of Exonerations data and discusses the prevalence of false confessions and presence of a child victim in cases of women who were convicted of murder, received a serious sentence, and were later exonerated. After looking at the cases of women exonerated after receiving death sentences or life without parole sentences in light of the prevalence of these factors, this Note argues that examination of the cases reveals that the presence of a false confession or a child victim may have contributed to some of the wrongful convictions where these factors may have led to the …

Military Service And Offending Behaviors Of Emerging Adults: A Conceptual Review, Christopher Salvatore, Travis A. Taniguchi

Department of Counseling Scholarship and Creative Works

Focusing on the United States, this paper examines the impact of military service for the cohort of individuals that have experienced the social factors that characterize emerging adulthood as a unique stage in the life course. We argue that military service, as a turning point, may act differently in contemporary times compared to findings from past research. This difference is driven by changes in military service, the draft versus volunteer military service, and the prevalence of emerging adulthood. As a background, we describe emerging adulthood, examine how emerging adulthood relates to crime and deviance, explore the impact of military life …

Criminal Record Relief For Human Trafficking Survivors: Analysis Of Current State Statutes And The Need For A Federal Model Statute, Ashleigh Pelto

Michigan Journal of Gender & Law

This Note defines criminal record relief and analyzes the effectiveness of three state criminal record relief statutes at protecting trafficking survivors. This analysis is based on State Report Cards: Grading Criminal Record Relief Laws for Survivors of Human Trafficking by Polaris, a leading human trafficking nonprofit. It next discusses the absence of federal criminal record relief and how a statute at the federal level could provide relief for survivors with federal convictions while simultaneously providing a model for states to ensure their statutes incorporate best practices for record relief moving forward. This Note then discusses how Polaris’s report stops short …

The Stability Paradox: The Two-Parent Paradigm And The Perpetuation Of Violence Against Women In Termination Of Parental Rights And Custody Cases, Judith Lewis

Michigan Journal of Gender & Law

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable.

This Article …