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

Legal Remedies Commons™

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

Criminal Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 391 - 420 of 453

Full-Text Articles in Legal Remedies

Pampasan Kepada Mangsa Rogol Di Malaysia Menurut Perspektif Syariah., Rozilawati Mat Yacob Jan 2010

Pampasan Kepada Mangsa Rogol Di Malaysia Menurut Perspektif Syariah., Rozilawati Mat Yacob

Student Works (2010-2019)

The statistic of rape cases in Malaysia is obviously increasing since the year 2000-2006. This phenomenon is becoming more serious over these years particularly with increasing incidents of rape and murder cases. The rape tragedy definitely left the victim with many effects. It is timely to make a research about rape as a brutal crime and also the compensation for victims in Malaysia. The main objective of this research is to suggest a rape compensation system to be practiced in Malaysia, by looking at the principles laid down by Islam as well as by looking to the practices in Western …


Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim Jan 2010

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

NYLS Law Review

No abstract provided.


Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald Jan 2010

Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald

NYLS Law Review

No abstract provided.


The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody Jan 2010

The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody

NYLS Law Review

No abstract provided.


The Comparative Nature Of Punishment, Adam Kolber Dec 2009

The Comparative Nature Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.


No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric D. Blumenson, Eva Nilsen Oct 2009

No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana use, and (2) criminalization, which results in the arrest of more than 700, 000 Americans annually for possession of any amount of marijuana, is an inhumane and destructive response to an act that almost 100 million Americans have committed. Part II assesses the relative merits of several alternative reform …


The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson Jan 2009

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan Jan 2009

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.


Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr Jan 2009

Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr

Articles

Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …


What's Law Got To Do With It?: The Bosnia V. Serbia Decision's Impact On Reconciliation, Sheri P. Rosenberg Oct 2008

What's Law Got To Do With It?: The Bosnia V. Serbia Decision's Impact On Reconciliation, Sheri P. Rosenberg

Articles

During the twentieth century a particular ideology inspired specific efforts to utilize the power of the law to redress episodes of mass atrocity-in particular genocide. The idea has been that accountability and reparations are necessary for moving beyond a past marred with crimes of genocide and crimes against humanity. Trials are often claimed to aid this process on the grounds that they create an irrefutable historic record, punish the perpetrators for the sake of justice and deterrence, and promote peace and reconciliation. This Article interrogates the stated goals of accountability, in particular the goal of reconciliation, against the impact, within …


The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer May 2008

The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer

University of Richmond Law Review

This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …


Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic May 2008

Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic

San Diego International Law Journal

The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …


Improving The Reliability Of Criminal Trials Through Rules That Encourage Defendants To Testify, Jeffrey Bellin Apr 2008

Improving The Reliability Of Criminal Trials Through Rules That Encourage Defendants To Testify, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject. This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …


Sex Offender As Scapegoat: The Monstrous Other Within, John Douard Jan 2008

Sex Offender As Scapegoat: The Monstrous Other Within, John Douard

NYLS Law Review

No abstract provided.


Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz Jan 2008

Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz

NYLS Law Review

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


United States V. Grier, Lyndsay V. Ruotolo Jan 2008

United States V. Grier, Lyndsay V. Ruotolo

NYLS Law Review

No abstract provided.


When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson Jan 2007

When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson

NYLS Law Review

No abstract provided.


A Mystery Of Motherhood: The Legal Consequences Of Insufficient Research On Postpartum Illness, Lindsey C. Perry Jan 2007

A Mystery Of Motherhood: The Legal Consequences Of Insufficient Research On Postpartum Illness, Lindsey C. Perry

Georgia Law Review

Postpartum illness is a real and serious affliction, suffered by many mothers throughout the country. For decades, courts have struggled with the issue of how postpartum illness fits into the current framework for legal insanity. Recent publicity of the Andrea Yates trial and her subsequent acquittal brought postpartum psychosis to the attention of the American public. This Note explores the background of postpartum psychosis and its treatment in U.S. courts. It discusses the possibilities for addressing postpartum psychosis in criminal proceedings and proposes that further research and understanding are necessary to provide justice for female defendants afflicted with postpartum psychosis. …


Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara Jan 2007

Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the federal government has made significant strides in combating human trafficking through legislation like the Trafficking Victims Protection Act (TVPA), these efforts are insufficient due to the decentralized nature of the crime. It emphasizes the necessity for greater involvement from state agencies and local non-governmental organizations (NGOs) to effectively address the diverse and localized manifestations of trafficking.


Beyond Protective Orders: Interdisciplinary Domestic Violence Clinics Facilitate Social Change, Sara R. Benson Jan 2007

Beyond Protective Orders: Interdisciplinary Domestic Violence Clinics Facilitate Social Change, Sara R. Benson

Cardozo Journal of Equal Rights & Social Justice

The article argues that interdisciplinary domestic violence clinics in law schools offer a transformative approach to addressing domestic violence by integrating legal and extra-legal services. These clinics not only provide holistic support to survivors but also empower them to advocate for systemic change. By fostering collaboration among law students, social workers, psychologists, and community organizations, such clinics address the multifaceted needs of survivors while training future lawyers to approach legal issues with a broader societal perspective. The article highlights the potential of these clinics to drive social progress by amplifying the voices of survivors and influencing legal and community responses …


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Practice What You Preach: How Restorative Justice Could Solve The Judicial Problems In Clergy Sexual Abuse Cases, Diana L. Grimes Sep 2006

Practice What You Preach: How Restorative Justice Could Solve The Judicial Problems In Clergy Sexual Abuse Cases, Diana L. Grimes

Washington and Lee Law Review

No abstract provided.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Dna In The Legal System: The Benefits Are Clear, The Problems Aren't Always, Jason Borenstein Jan 2006

Dna In The Legal System: The Benefits Are Clear, The Problems Aren't Always, Jason Borenstein

Cardozo Public Law, Policy & Ethics Journal

The article discusses the dual nature of DNA technology in the criminal justice system, highlighting its significant benefits, such as exonerating the wrongly convicted and solving cold cases, while also addressing its limitations and challenges. It emphasizes that DNA evidence, while powerful, is not infallible and should not overshadow other forms of evidence. The author underscores the need for cautious use of DNA evidence, proper legal standards, and addressing human fallibility to ensure justice.


Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen Jan 2006

Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen

Faculty Scholarship

In today's highly punitive culture, perhaps Weldon Angelos' fifty-five-year sentence does not seem unusual. He's a 25-year-old man who was convicted in December 2003 of selling marijuana, possessing firearms while drug dealing, and money laundering. 3 The facts proven at trial are that on three occasions in June and July, 2002, Angelos sold eight one-ounce bags of marijuana for $350 each to a government informant. 4 The purchaser testified that a firearm was visible during two of these drug sales.5 Police seized another gun from Angelos' home five months later pursuant to a warrant.6 At no time was …


Barry Scheck Lectures On Wrongful Convictions, Barry Scheck Jan 2006

Barry Scheck Lectures On Wrongful Convictions, Barry Scheck

Articles

The article discusses the systemic issues leading to wrongful convictions, emphasizing the role of mistaken eyewitness identification and flawed forensic science. It highlights the importance of postconviction DNA exonerations in revealing these injustices and advocates for reforms to improve the criminal justice system.


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


The Third Wave Of Crime Victims' Rights: Standing, Remedy, And Review, Douglas E. Beloof May 2005

The Third Wave Of Crime Victims' Rights: Standing, Remedy, And Review, Douglas E. Beloof

BYU Law Review

No abstract provided.