Criminal Law Commons^™

د. نور الدين هنداوي- المجني عليه بين القانون الجنائي وعلم الإجرام

Journal Sharia and Law

اختلف فقه القانون الجنائي في تعريف من هو المجني عليه، وخاصة أن التشريعات الجائية أغفلت دائماً تعريفه بصورة مستقلة، لذلك هناك من يعرّف المجني عليه من منطلق الضرر الذي أصابه من جرائ الجريمة، وبالتالي فهو ذلك الشخص الذي أصابه ضرر من الجريمة، أو أنه الشخص الذي يلتزم الجاني بتعويضه عن الضرر الناشئ عن فعله ، ولكننا لانستطيع في حقيقة الأمر أن نتبنى هذا التعريف، لأنه يخلط بين المجني عليه والمضرور من الجريمة، حيث أنه من الممكن وجود مضرور من الجريمة دون أن يكون هو المجني عليه فيها. فعلى سبيل المثال في جريمة الفتل، يعتبر القتيل هو المجني عليه في هذه ...

The Role Of Commanding Good And Forbidding Wrong (The Role Of Al-Amr Bi'l -Ma'ruf Wa'l-Nahyi An Al-Munkar) In The Prevention Of Crime In The Islamic Criminal Legislation. - A Comparative Study - By: Lawyer Dr. Muhammad Riad Al Khany

Journal Sharia and Law

No one in the Islamic Society can deny the effect of the order to do well and to refrain from what is bad on the prevention of crime. This order is a fundamental source of the Islamic Legislation in general and of the Islamic Criminal Legislation in particular. This in situation stem s its origins from two sources: The Holy Quran and Sunnah of our Prophet Muhammad. The Quran had said many times and on m any occasions, that the main task of the individual is to practice and order the well and to refrain from doing the bad and ...

عذر الاستفزاز في قانون العلقوبات الاتحادي لدولة الإمارات العربية المتحدة

Journal Sharia and Law

No abstract provided.

Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos

University of Cincinnati Law Review

No abstract provided.

Objective Punishment, Anthony M. Dillof

University of Cincinnati Law Review

No abstract provided.

Restrain Your Enthusiasm: United States V. Taylor And Robbery Enhancement For Restraint Of A Victim, Madeline C. Verhey

Boston College Law Review

In February 2020, the Second Circuit held in United States v. Taylor that the Federal Sentencing Guidelines’ enhancement for physical restraint of a victim did not apply to a defendant who threatened a victim with a gun during a robbery. In reaching its decision, the court created a three-part test to determine when a defendant restrained a victim during a robbery. The Taylor test provides a much needed limitation on the scope of the enhancement--the application of which has expanded in the First, Fourth, and Tenth Circuits to defendants who did no more than briefly point a gun at a ...

Jurisdictions Of Judicial Seizure Officers At The Various Stages Of Evidences Within The Federal Penal Procedures Law No.35 Of The Year 1992

Journal Sharia and Law

The writer discussed in Chapter I the definition of evidences explaining their meaning, types, importance and restrictions on searching for them.

In chapter II he wrote about the stages of evidence collection and procedures to be followed via Judicial Seizure Officers, stating that the proofing power of an evidence goes into three stages, i.e. suspicion, availability of sufficient evidences and physical involvement. Each stage has its own procedures to which the writer assigned a separate research.

The most important conclusion reached by this research is a recommendation to amend para (2) of Article 33 of the Federal Penal Procedures ...

Public Job Ethics And Their Effects On Federal Penal Law Of United Arab Emirates, Prof. Dr. Hisham Mohammed Rustom

Journal Sharia and Law

In the preface, the author tackled a number of research matters closely related to his subject, which he later put under four parts:

In part I, he defined the duties of job function performance and facing any deficiencies thereto criminally since federal penal law forbade employees from leaving their work locations or deliberately reject to handle any of its functions considering it as an independent deliberate crime. Its scope covers all public employees as more particularly defined under article five of Penal Law, but does not cover those assigned public service for they are not specifically mentioned.

In part II ...

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...

An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella

Criminology Student Work

d/Deaf and Hard of Hearing individuals have faced substantial discrimination when it comes to education, healthcare, and employment. This paper argues that discrimination in our criminal justice system is likely no exception. Previous research has shown that d/Deaf and Hard of Hearing inmates are treated unequally while serving time in prison (Vernon, 2010). Rather than using proactive measures to provide appropriate resources within prison, correctional facilities within the U.S. tend to be reactive to the claims of d/Deaf and Hard of Hearing inmates once they are released from prison. There is no literature that I am ...

The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens

Criminology Student Work

Forensic interrogation is a vital step in the process of criminal investigations in order to extract information about suspects and the crime at hand. However, tunnel vision, artificial time constraints, lack of thorough training, and noble-cause corruption can influence how an investigator decides to interrogate a suspect or witness. When these influences are exerted on an investigator, the need to secure an arrest and conviction overpowers the need for justice - this results in false confessions and wrongful convictions. This is otherwise known as “the end doesn't justify the means” mindset. This causes investigators to engage in unethical interrogations, whether ...

American Law Enforcement Responses To Covid-19, Matthew B. Kugler, Mariana Oliver, Jonathan Chu, Nathan R. Lee

JCLC Online

No abstract provided.

State Courts Must Combat Mass Incarceration By Granting Broader Retroactivity To New Rules Than Is Provided Under The Federal Teague V. Lane Test, Jamila Johnson, Talia Macmath

JCLC Online

No abstract provided.

Where Should We Land?: Flyover Districts As Proper Venue For Crimes Committed In Air On Domestic Flights, Megan E. Mccarthy

JCLC Online

This Essay explores the recently resolved circuit split between the Ninth, Tenth, and Eleventh Circuits regarding the proper venue for crimes committed on an airplane during flight. In 2019, the Ninth Circuit held that the proper venue for trying an assault that happened midflight was the district over which the airplane was flying when the assault occurred. While flyover districts may seem like a surprising and inconvenient choice for venue, flyover districts are the only constitutionally proper venue for point-in-time offenses that occur on airplanes during flight. Furthermore, using current aviation tracking protocols and GPS technology, courts can pinpoint the ...

Criminal Policy In Fighting Money Laundry Phenomenon, Fatiha Mohammed Gourari

Journal Sharia and Law

Money laundry and all activities relating to have become a very dangerous phenomenon on both the national and international level. It is of a high importance to trace this phenomenon and specify the precautionary arrangements and the responsibility arising from all actions facilitating money laundry, and their nature in the local criminal law and in the international criminal laws through the provisions regulating to money laundry. This search focuses also on impediments encounter legislations in this field, such as lack of rules regulating international criminal competence, positive conflict of competence between courts tracing this activity, territorial extension of these crimes ...

Relevance Of Crimes In Shari’A (Islamic Jurisprudence) And Man-Made Criminal Legislations- Ali Adnan Al-Feel And Miami Ali Jelmeran, Ali Adnan Alfeel

Journal Sharia and Law

The theory of relevance of crimes and penalties interrelation is considered a significant achievement of modern criminal law jurists. Thus, it is necessary to shed the light on the concept of “Relevance of Crimes” and the conditions and terms of such relevance with an illustration of the opinions of Islamic jurisprudence and man-made legislations. Additionally, the rules & procedures of trials related to crime relevance issues are also discussed.

The Concept Of Public Property And The System Of Protecting It According To Islamic Law - مفهوم المال العام ونظم حمايته في الشريعة الإسلامية, Nawfal Ali Alsafo

Journal Sharia and Law

This article consists of an introduction by which the importance of public property was clarified, this is according to its connection to the economic structure of the state.

Then the article was divided into Two Chapters:

In chapter one, we discussed the concept of public property, its sorts and conditions. Firstly we talked about the private property, what can be considered as a private property according to Islamic rules, we concluded that the property can be divided into: estimated and non-estimated property, Then we discussed the Jurists’ opinions on public property. Secondly we clarified the sorts of public property in ...

The Difficulties Which Oppose The Application Of Texts Of Robbery Crime Upon Computer Programs- الصعوبات التي تعترض تطبيق نصوص جريمة السرقة على برامج الحاسب الآلي, Mohammed Hammad Al Hiti

Journal Sharia and Law

We started this article by an introduction regarding the importance of Computer, its parts, and the meaning of program and its sorts. In Chapter One we talked about the firmness of the utility of (money) on Computer programs, this chapter consists of three sections, in sec. 1 we talked about the attitudes of legislations regarding the firmness of the utility of (money) on Computer programs, these legislations are quite differed in their definition to robbery and its applications on the concept of money and things, we also detailed that computer has its own material and semantic identity. In sec. 2 ...

Extremity Of Penal Judge In Building His Soulful Certainty- نطاق حرية القاضي الجنائي في تكوين قناعته الوجدانية, Mamdooh Khaleel Albahar

Journal Sharia and Law

It is known that criminal proof is considered as one of the most important subjects of the criminal procedures, and that all procedures' main aim is to find a method to prove the real fact which took place since according to the criminal proof the suspect is considered as innocent or guilty, as the aim of criminal proof is to reveal the real fact for the purpose of securing justice.

The principal of soulful certainty is considered as one of the most important principals of evidence theory as it corresponds with the normal and logical thinking method in ordinal life ...

“You Just Need To Do It!”: When Texts Encouraging Suicide Do Not Warrant Free Speech Protection, Courtney E. Ruggeri

Boston College Law Review

Is it constitutional to hold an individual criminally liable for another’s suicide when words alone drive the conviction? After a Massachusetts court convicted Michelle Carter of involuntary manslaughter following the suicide of her boyfriend Conrad Roy in 2014, the answer seemed to be “yes.” Although Carter’s conviction—which focused on the content of her text messages—was a first-of-its-kind, that was not the case for long. Just five years later, the Commonwealth of Massachusetts brought similar charges against Inyoung You for causing the suicide of her boyfriend, Alexander Urtula, also via text. Although the facts in the two ...