Criminal Law Commons^™

A Defender's Take On "Good" Prosecutors, David E. Patton

Fordham Law Review Online

When Professor Abbe Smith asked “Can You Be a Good Person and a Good Prosecutor” in 2001 (and answered it mostly in the negative), she began a conversation that would result in me, a public defender, having to repeatedly answer the question from earnest law students and young lawyers. I haven’t yet forgiven Professor Smith. My first impulse when I’m asked the question is to hand out her home phone number. My second impulse is to answer: “Why are you asking me?” I’m a defense lawyer. Worse still, I am a public defender. I’m not, shall we say, naturally drawn …

Prosecutors Who Police The Police Are Good People, Vida B. Johnson

Fordham Law Review Online

In 2001 Professor Abbe Smith asked if a person could be both a good prosecutor and a good person. Her answer was, essentially, “no.” My answer in 2018 is that only a prosecutor who focuses on the powerful, and particularly who is willing to prosecute police who do wrong, can be good.

The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis

Fordham Law Review Online

In a law review article written seventeen years ago, Professor Abbe Smith asked the question, “Can You Be a Good Person and a Good Prosecutor?” Professor Smith ultimately answered the question in the negative. Whether or not one agreed with her conclusion at the time, today we know that the answer to the question is “Yes.” Anyone who believes that good people cannot be good prosecutors assumes and accepts a model of prosecution based on harsh, punitive policies and practices that incarcerate as many people as possible for as long as possible. Unfortunately, that unjust model of prosecution is the …

Good Person, Good Prosecutor In 2018, Abbe Smith

Fordham Law Review Online

Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?”1 I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.

Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green

Fordham Law Review Online

In 2001, Abbe Smith asked provocatively whether you can simultaneously be a good person and a good prosecutor, and she concluded that you cannot. The following online symposium, hosted by the Fordham Law Review Online, revisits Abbe Smith’s question. Even if she was right in 2001, is the answer the same seventeen years later? The problems of criminal justice in this country have in many ways gotten worse. But at the same time, one might argue, there is broader public acknowledgment of these problems, which has led to social movements such as the Innocence Movement and Black Lives Matter that …

Konsep Bela Negara Dalam Perspektif Ketahanan Nasional, Kris Wijoyo Soepandji, Muhammad Farid

Jurnal Hukum & Pembangunan

The 1945 Constitution of the Republic of Indonesia in an explicit manner stipulates that every Indonesian citizen has the obligation to participate in defending the state. This is stated on the article 27 clause 3 of the Constitution, which reads, “Each citizen shall have the right and duty to participate in the effort of defending the state”. In a more specific manner, state defending is also stated on article 9 clause 1 and 2 of the Law number 3 year 2002 on the State Defence. The article mentions that the effort on state defending is elaborated in the performance of …

Legal Framework Of The Republican Interdepartmental Commission On Combating Human Trafficking, R Gafurov

Review of law sciences

The article analyzes the efforts and measures taken by the Republic of Uzbekistan in the field of preventing and combating human trafficking. It highlights the legal and institutional framework for combating human trafficking, as well as providing assistance and protecting victims of human trafficking. In addition, proposals have been put forward for further improvement of the activities of the Republican interdepartmental commission to combat human trafficking.

Mutual Relations And Criminal-Legal Aspects Of The Subjective Side Of The Crime, F. Xudaykulov

Review of law sciences

This article illustrates interrelations of facultative (non-obligatory) attributes of the crime impartial sides in qualifying the criminal ¬act and their criminal-legal values, including the theoretical and practical problems of facultative attributes of the impartial sides of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan. Moreover, proposals and recommendations for further improvement of the criminal legislation of the Republic of Uzbekistan are devised.

Issues Of Criminal Liability For Violation Of Customs Legislation In Some Foreign Countries, E. Muxamadaliev

Review of law sciences

In this article, the author analyses some characteristics of criminal responsibility for violation of customs legislation in some foreign countries. By the result of analysis, some suggestions for the criminal responsibility for violation of customs legislation are worked out.

Qualification Crime Against The Personality Of The Object, I. Achilov

Review of law sciences

the article gives an analysis of the qualification of crimes on the object of encroachment. At the same time, articles of crimes against the person of the Criminal Code are examined from the point of view of their object, certain shortcomings are revealed and concrete proposals are given for their elimination.

Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva

Review of law sciences

In the article emphasizes the need to strengthen the role of advocate in the development and improvement of the institute of advocacy, the role of defence in the consideration of criminal, civil, administrative and economic cases and highlights the focus on the state policy. To eliminate these problems, causing certain obstacles in the defense activity, specific proposals are developed and put forward.

On Combating Violence Against Women In Uzbekistan And In Countries Of Osce, G. Maxamadjanova

Review of law sciences

In the article, the author examines a fight for elimination violence against women in the OSCE and Republic of Uzbekistan. Using corresponding, statistical and normative sources over grounding actuality of fight against this evil, the author recommends establishing the position of the authorized agent of Oliy Majlis of the Republic of Uzbekistan – Оmbudsman for protecting the rights of women and children.

Issues Of Criminal Liability For Violation Of Customs Legislation In Some Foreign Countries, E. Muxamadaliev

Review of law sciences

In this article, the author analyses some characteristics of criminal responsibility for violation of customs legislation in some foreign countries. By the result of analysis, some suggestions for the criminal responsibility for violation of customs legislation are worked out.

Legal Framework Of The Republican Interdepartmental Commission On Combating Human Trafficking, R Gafurov

Review of law sciences

The article analyzes the efforts and measures taken by the Republic of Uzbekistan in the field of preventing and combating human trafficking. It highlights the legal and institutional framework for combating human trafficking, as well as providing assistance and protecting victims of human trafficking. In addition, proposals have been put forward for further improvement of the activities of the Republican interdepartmental commission to combat human trafficking.

Qualification Crime Against The Personality Of The Object, I. Achilov

Review of law sciences

the article gives an analysis of the qualification of crimes on the object of encroachment. At the same time, articles of crimes against the person of the Criminal Code are examined from the point of view of their object, certain shortcomings are revealed and concrete proposals are given for their elimination.

Mutual Relations And Criminal-Legal Aspects Of The Subjective Side Of The Crime, F. Xudaykulov

Review of law sciences

This article illustrates interrelations of facultative (non-obligatory) attributes of the crime impartial sides in qualifying the criminal ¬act and their criminal-legal values, including the theoretical and practical problems of facultative attributes of the impartial sides of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan. Moreover, proposals and recommendations for further improvement of the criminal legislation of the Republic of Uzbekistan are devised.

Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva

Review of law sciences

In the article emphasizes the need to strengthen the role of advocate in the development and improvement of the institute of advocacy, the role of defence in the consideration of criminal, civil, administrative and economic cases and highlights the focus on the state policy. To eliminate these problems, causing certain obstacles in the defense activity, specific proposals are developed and put forward.

On Combating Violence Against Women In Uzbekistan And In Countries Of Osce, G. Maxamadjanova

Review of law sciences

In the article, the author examines a fight for elimination violence against women in the OSCE and Republic of Uzbekistan. Using corresponding, statistical and normative sources over grounding actuality of fight against this evil, the author recommends establishing the position of the authorized agent of Oliy Majlis of the Republic of Uzbekistan – Оmbudsman for protecting the rights of women and children.

Warren, Jr. (Joseph) V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 77 (Sep. 27, 2018) (En Banc), James Puccinelli

Nevada Supreme Court Summaries

The Court determined that NRS § 177.015(1)(a) authorizes the State to appeal from a justice court dismissal of a criminal complaint because such a decision is a final judgment, and that NRS § 178.562(2) does not limit the State’s remedies to appeal a justice court’s decision to dismiss a criminal complaint because this provision does not mention final judgment.

Examining The School-To-Prison Pipeline: Sending Students To Prison Instead Of School, Fatema Ghasletwala

Journal of Civil Rights and Economic Development

(Excerpt)

Juvenile delinquents are often thought of as intrinsically evil. These youths are blamed for their own plight, believed to be a result of innate character flaws. However, such an obtuse perception is problematic. In many cases, these juvenile delinquents were made delinquents by a faulty system, namely, the School-to-Prison Pipeline. The School-to-Prison Pipeline is a troubling phenomenon in which students are suspended, expelled or even arrested for minor offenses instead of being sent simply to an administrator’s office. Often, these students have backgrounds of poverty, abuse, neglect, and may even have learning disabilities. Instead of being offered counseling, “unruly” …