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

Criminal Law Commons™

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

27,737 Full-Text Articles 19,310 Authors 43,575,655 Downloads 271 Institutions

All Articles in Criminal Law

Faceted Search

27,737 full-text articles. Page 307 of 604.

Introduction, Mimi Rocah 2018 Elisabeth Haub School of Law at Pace University

Introduction, Mimi Rocah

Pace Law Review

On March 9, 2018, the Elisabeth Haub School of Law at Pace University hosted Public Corruption Prosecution After McDonnell, a symposium that brought together law enforcement, practitioners, academics and media that covers these cases to gain insight and input from these disparate groups. The Symposium convened three panels to discuss how McDonnell has affected prosecutors’ ability to police public corruption; to offer legislative responses to McDonnell; and to examine the inherently unique nature of public corruption prosecutions. A central aim of the day-long event was to simultaneously tackle these challenging issues while distilling complex legal analysis in a manner suitable …


Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson 2018 Seattle University School of Law

Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson

Seattle University Law Review

For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal needs of …


The Criminalization Of Vehicle Residency And The Case For Judicial Intervention Via The Washington State Homestead Act, T. Ray Ivey 2018 Seattle University School of Law

The Criminalization Of Vehicle Residency And The Case For Judicial Intervention Via The Washington State Homestead Act, T. Ray Ivey

Seattle University Law Review

In 2014, a nationwide survey by the National Law Center on Homelessness and Poverty found that the number of cities with ordinances that effectively criminalized vehicle habitation increased by 119% between 2011 and 2014. These ordinances take the form of metered street parking zones, permit-only parking zones, time restrictions, restrictions on vehicle operability, restrictions regarding licensing and registration, and even prohibitions directed specifically at vehicle habitation. Violations of these policies typically result in noncriminal citations imposing fees, requiring attendance at hearings, or inflicting other financial burdens, which nevertheless can have devastating impacts on someone with already limited resources. Additionally, the …


Concurrent Panels V: Litigating Sexual Assault Cases, Brenda V. Smith, Julie Abbate, Laura Ives, Nicole Schult 2018 American University Washington College of Law

Concurrent Panels V: Litigating Sexual Assault Cases, Brenda V. Smith, Julie Abbate, Laura Ives, Nicole Schult

Presentations

This panel will address how to represent and litigate cases involving sexual assault against incarcerated men and women. Panelists will discuss what investigations help set up the strongest claims, and how to coordinate with other agencies before filing; how to conduct discovery to prove your case, and how PREA fits into a sexual assault case; and provide context about sexual assault in prisons and jails, as well as provide perspective about litigation going on in other spaces.


O N T H E N E C E S S It Y F O R Im P R O V E M E N T O F T H E O R G A N Iz A T Io N O F S E A R C H O F T E R R O R Is T S A N D E X T R E M Is T S, A Matchanov 2018 Academy Ministry of the Interior

O N T H E N E C E S S It Y F O R Im P R O V E M E N T O F T H E O R G A N Iz A T Io N O F S E A R C H O F T E R R O R Is T S A N D E X T R E M Is T S, A Matchanov

ProAcademy

The a rticle addresses on the issues re la te d to the n e e d to im pro ve the search fo r terrorists a n d extremists, shows the m ain d irections o f the search activity o f la w e nforcem ent agencies, exam ines the specifics o f the c rim in a l p roce d u re, crim inalistic support, o p e ra tio n a l tra c k in g a n d in te rn a tio n a l le g a l re g u …


It Is Necessar To Adopt The Code Of Misdemeanors, M Rustambaev 2018 The Military-Technical Institute National Guard Republic of Uzbekistan

It Is Necessar To Adopt The Code Of Misdemeanors, M Rustambaev

ProAcademy

В статье рассмат риваются о сновны е н а п р авл ен и я уголовной политики Узбекист ана такие ка к пост епенное со кр а щ е н и е карательны/х элементов и п р е о б р а зо в а н и е их в более ш ирокая реализация принципа эконо м и и уголовной реп рессии, который долж ен проявляться в неуклонном суж ении круга преступных деяний и смягченииуголовной ответственности н а о сн о ве законности, неотвратимости и справедливости. Предлагается внести в уголовное законодательство Республики Узбекистан понятие уголовного проступка, а конкретно, н а …


Improving The Legislation On Victimological Prevention Of Violence Crimes Against Juveniles, S Niyazova 2018 Tashkent state university of Law

Improving The Legislation On Victimological Prevention Of Violence Crimes Against Juveniles, S Niyazova

ProAcademy

in the article reveals issues o f p erfe ctio n o f legislation o n v ictim o lo g ica l preve n tio n o f violence crim es a g a in st juveniles


Issues Of Practical Implementation Of The Principles Of Criminal Law In The Law-Making And Law-Enforcement Practice Of The Republic Of Belarus, V Marchuk 2018 Director of the state institution “Scientific and Practical Center for the Promotion of Law and Order of the General Prosecutor’s Office of the Republic of Belarus

Issues Of Practical Implementation Of The Principles Of Criminal Law In The Law-Making And Law-Enforcement Practice Of The Republic Of Belarus, V Marchuk

ProAcademy

In the p ro p o s e d article, the a u th o r considers issues o f p ra c tic a l im plem entation o f the p rin ciple s o f c rim in a l la w in the la w m a kin g a n d law -e nfo rcem e n t p ra c tic e o f the R epublic o f Belarus. O n the basis o f separate results o f c rim in o lo g ic a l expertise, the a rticle shows …


Problems Of Introduction Of Criminal Liabilit Of Legal Entities In The Republic Of Uzbekistan, R Gafurov 2018 Academy of the General Prosecutor’s Office of the Republic of Uzbekistan

Problems Of Introduction Of Criminal Liabilit Of Legal Entities In The Republic Of Uzbekistan, R Gafurov

ProAcademy

The a rticle is d e v o te d to the issues re la te d with introduction o f crim in a l lia b ility o f le g a l entities in the R epublic o f Uzbekistan. The article discusses the perspectives, co ntro versia l a n d necessity o f im plem entation o f a n institute on c rim in a l-le g a llia b ility o f le g a l entities into n a tio n a l le g a l system .


Smart Devices In Criminal Investigations: How Section 8 Of The Canadian Charter Of Rights And Freedoms Can Better Protect Privacy In The Search Of Technology And Seizure Of Information, Lee-Ann Conrod 2018 Dalhousie University Schulich School of Law

Smart Devices In Criminal Investigations: How Section 8 Of The Canadian Charter Of Rights And Freedoms Can Better Protect Privacy In The Search Of Technology And Seizure Of Information, Lee-Ann Conrod

LLM Theses

This thesis examines the jurisprudence from the Supreme Court of Canada (SCC) on informational privacy under section 8 of the Canadian Charter of Rights and Freedoms as it relates to searches of technology in the context of criminal investigations. The development and use of technology in criminal investigations will be detailed along with an overview of the current state of the law in this area. Challenges with the interpretation of section 8 demonstrate a prevalent uncertainty. This thesis proposes a new approach for the SCC to apply to cases where technology intersects with section 8 of the Charter. The proposal …


Improving The Criminal Justice System In Nigeria Through Restorative Justice: Lessons From Canada And New Zealand, Olaniran Akintunde 2018 Dalhousie University Schulich School of Law

Improving The Criminal Justice System In Nigeria Through Restorative Justice: Lessons From Canada And New Zealand, Olaniran Akintunde

LLM Theses

This thesis argues the need for Nigeria to incorporate restorative justice within its criminal justice system. Its prevailing adversarial system is bedevilled with various challenges such as over- incarceration, recidivism, high rates of juvenile crime and prison congestion. The work draws lessons from Canada and New Zealand, two jurisdictions that have made improvements to similar systems like Nigeria via the adoption and practice of restorative justice. The advantages that a restorative justice alternative bring to criminal justice administration in Nigeria include less use of incarceration, improvement in social relationships, rehabilitation and the reintegration of young offenders. The thesis recommends that …


Trafficked In Texas: Combatting The Sex-Trafficking Epidemic Through Prostitution Law And Sentencing Reform In The Lone Star State, Madison T. Santana 2018 Vanderbilt University Law School

Trafficked In Texas: Combatting The Sex-Trafficking Epidemic Through Prostitution Law And Sentencing Reform In The Lone Star State, Madison T. Santana

Vanderbilt Law Review

American law has historically treated prostitution as a victimless crime, a moral trespass between two consenting individuals, rather than a potential act of violence, a product of fraud or coercion. However, growing awareness of the international sex-trafficking epidemic has brought long-settled prostitution law once more under the critical eye of academics and lawmakers as a potential tool in curbing the stillgrowing demand for illicit commercial sex. Whether prostitution law reform may in fact be effective remains a matter of academic debate in the United States; however, such reform has gained substantial ground abroad, with compelling results. This Note argues for …


Speaking Louder Than Words: Finding An Overt Act Requirement In The Hobbs Act, Matthew Ladew 2018 J.D. 2017, The University of Chicago Law School

Speaking Louder Than Words: Finding An Overt Act Requirement In The Hobbs Act, Matthew Ladew

Cornell Journal of Law and Public Policy

Federal conspiracy law has a problem. It is sometimes easier to put someone in prison for twenty years than it is to put her away for five— for the very same crime. This situation stems from a bright-line rule to which the Supreme Court has long adhered: when Congress wants an overt act requirement, Congress will explicitly so specify. Consider the resulting status quo. The general federal conspiracy statute requires proof of an overt act. Its maximum sentence is five years. In contrast, the Hobbs Act contains no overt act requirement, yet it provides for a maximum sentence of twenty …


The Arbiters Of Decency: A Study Of Legislators' Eighth Amendment Role, David Niven, Aliza Plener Cover 2018 University of Washington School of Law

The Arbiters Of Decency: A Study Of Legislators' Eighth Amendment Role, David Niven, Aliza Plener Cover

Washington Law Review

Within Eighth Amendment doctrine, legislators are arbiters of contemporary values. The United States Supreme Court looks closely to state and federal death penalty legislation to determine whether a given punishment is out of keeping with “evolving standards of decency.” Those who draft, debate, and vote on death penalty laws thus participate in both ordinary and higher lawmaking. This Article investigates this dual role. We coded and aggregated information about every floor statement made in the legislative debates preceding the recent passage of bills abolishing the death penalty in Connecticut, Illinois, and Nebraska. We categorized all statements according to their position …


Prisoner-To-Public Communication, Demetria D. Frank 2018 Brooklyn Law School

Prisoner-To-Public Communication, Demetria D. Frank

Brooklyn Law Review

The pervasive problem of over-incarceration in the United States is in part due to lack of correctional facility accountability to the public, and public lack of access to the prisoner experience. In light of the incessant persistence of over-incarceration and “hands off approach” taken by courts in prison administration, this article proposes an unqualified and unfettered prisoner-to-public communication right that would provide prison accountability to the public.


Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum 2018 Brooklyn Law School

Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum

Brooklyn Law Review

This essay advocates that prosecutors’ peremptory strikes should be eliminated in interracial capital cases. The application of the death penalty has a race problem, especially for interracial cases. A conviction is far more likely if the defendant is black and the victim is white. This is due to the fact that in interracial cases, prosecutors utilize peremptory strikes to prevent black jurors from serving on cases in which the defendant is black and the victim is white. This essay is the first to argue that such a system stacks the deck against defendants in interracial capital cases in an unconstitutional …


The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson 2018 Brooklyn Law School

The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson

Brooklyn Law Review

We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …


Lying About God (And Love?) To Get Laid: The Case Study Of Criminalizing Sex Under Religious False Pretense In Hong Kong, Jianlin Chen 2018 University of Melbourne

Lying About God (And Love?) To Get Laid: The Case Study Of Criminalizing Sex Under Religious False Pretense In Hong Kong, Jianlin Chen

Cornell International Law Journal

Section 120 of the Hong Kong Crimes Ordinances— which traces its origin to the U.K. and which is replicated in several other English common law jurisdictions— criminalizes procurement of sexual acts through false representation. Recently, prosecutors used this provision to indict individuals who procured sexual acts on the pretext of performing luck-improving religious rituals. Beyond presenting the first-ever systematic examination of these intriguing fraudulent sex court cases, this Article makes two arguments. First, this Article explains how the strong skepticism, and at times, instinctive rejection by the judges of the purported religious proclamations not only confirm the scholarly concerns over …


A "Reasonable" Expectation Of Sexual Privacy Inthe Digital Age, Moira Aikenhead 2018 University of British Columbia

A "Reasonable" Expectation Of Sexual Privacy Inthe Digital Age, Moira Aikenhead

Dalhousie Law Journal

Two Criminal Code offences, voyeurism, and the publication of intimate images without consent, were enacted toprotect Canadians' right to sexual privacy in light of invasive digital technologies. Women and girls are overwhelmingly targeted as victims for both of these offences, given the higher value placed on their non-consensual, sexualised images in an unequal society.Both offences require an analysis ofwhether the complainant was in circumstances giving rise to a reasonable expectation of privacy, and the use of this standard is potentially problematic both from a feminist standpoint and in light of the rapidly evolving technological realities of the digital age. This …


In Re: Petition For Appointment Of A Prosecutor Pro Tempore By Jane Doe 1, Jane Doe 2, Jane Doe 3, And Jane Doe 4 : Petition For Appointment Of Prosecutor Pro Tempore, Paul Cassell, Heidi Nestel, Bethany Warr, Margaret Garvin, Gregory Ferbrache, Aaron H. Hanni 2018 S.J. Quinney College of Law, University of Utah

In Re: Petition For Appointment Of A Prosecutor Pro Tempore By Jane Doe 1, Jane Doe 2, Jane Doe 3, And Jane Doe 4 : Petition For Appointment Of Prosecutor Pro Tempore, Paul Cassell, Heidi Nestel, Bethany Warr, Margaret Garvin, Gregory Ferbrache, Aaron H. Hanni

Utah Law Faculty Scholarship

This is a petition filed in the Utah Supreme Court on behalf of four women (Jane Does 1, 2, 3, and 4) who were sexually assaulted, and yet the public prosecutor with jurisdiction refused to file criminal charges against their attackers. The petition relies on Utah Constitution, article VIII, § 16, which anticipates situations where a crime victim might need her own avenue for initiating criminal prosecution. Accordingly, this constitutional provision provides that “[i]f a public prosecutor fails or refuses to prosecute, the Supreme Court shall have power to appoint a prosecutor pro tempore.” Indeed, to underscore the fact that …


Digital Commons powered by bepress