Criminal Law Commons^™

Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe

Indonesia Law Review

In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to …

Tinjauan Atas Kebijakan Hukum Pidana Terhadap Penyuapan Di Sektor Privat Dalam Hukum Nasional Indonesia: Suatu Perbandingan Dengan Singapura, Malaysia Dan Korea Selatan, Vidya Prahassacitta

Jurnal Hukum & Pembangunan

Purpose of this research is to analyze private sector bribery penal policy in Indonesia. Although Indonesia ratified United Nation Convention Against Corruption, Indonesia has not implemented the convection’s provision of article 21 regarding the criminalization of private sector bribery. Analysis conducted using a functional method of comparative law from Konrad Zweigert and macro comparison against private sector bribery penal, which successfully applies in Singapore, Malaysia, and South Korea. Therefore, reflected from private sector bribery penal policy in Singapore, Malaysia, and South Korea thus Indonesia shall reformulate the private sector bribery provision which regulates in in current corruption act draft.

Bentuk-Bentuk Kekerasan Domestik Dan Permasalahannya (Studi Perbandingan Hukum Indonesia Dan Malaysia), Kuswardani -

Jurnal Hukum & Pembangunan

The paper is purposed to describe / explain criminal laws which regulate domestic violence and the problems happen in Indonesia. This study uses the comparison method which compare substance criminal law of Indonesia with criminal law of Malaysia. The study is focused in the subject matter from criminal law of substantive. The result point out that both of the two countries have had criminal law on domestic violence, Indonesia is regulated at The Act of Elimination of Domestic Violence No 23 of 2004, while Malaysia is appointed at Domestic Violence 1994, and this was amendment on February 20, 2012. This …

Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox

Nevada Supreme Court Summaries

The Court clarified the definition of an indigent person and the demonstration of need sufficient required for an indigent person’s request for defense services. The Court additionally held that Widdis v. Second Judicial Dist. Court does not require an indigent defendant to request a sum certain before the consideration or granting of a motion for defense services at public expense.

Rodriguez V. State, 133 Nev. Adv. Op. 110 (Dec. 28, 2017), Natice Locke, Natice Locke

Nevada Supreme Court Summaries

The Court determined that both the inherently dangerous and the functional definitions apply to “deadly weapon,” and that the use of the functional definition does not go against the legislature’s intent in NRS 200.481.

Improving Activities For Coordination Of Law Enforcement Bodies-Strategic Direction Of Prosecutor's Development, Sh. Mirzaev

Review of law sciences

In this article revealed the issues of coordination of law enforcement bodies in the struggle against criminality, the some problems on this sphere as well as the recommendations for perfection of this activity.

The Immunity In The Criminal Proceeding Of Foreign Countries, G. Tulaganova

Review of law sciences

In this article is given the notion of immunity of evidence, problem of immunity of evidence in criminal proceduring legislation in developing countries, the exemtion is given to evidence. Moreover, to give recommendation to develop norms of national criminal proceduring legislation.

Improvement Of The Rights And Activities Of The Defender In Criminal Proceedings: An Important Direction Of The Reform On The Bsis Of The Strategy Of Action, I. Djuraev

Review of law sciences

In this article, the author has examined in detail the scientific-theoretical and practical aspects of the issue of the rights and activities of the defender counsels in the criminal process, and on the basis of the Strategy of Actions, have been made proposals and recommendations concerning the introduction of relevant changes and additions to the Criminal Procedure Code and the Law of the Republic of Uzbekistan “On guarantees of advocacy and social protection of lawyers”.

Transplantation: Law And Responsibility, U. Zakirova

Review of law sciences

This article highlights the issues of expanding the range of medical services to the population, determining the procedure for transplantation of human organs and tissues, as well as the experience of developed foreign countries in providing this type of medical services to the needy population, as well as responsibility for illegal transplantation and further improvement of the legislation of the Republic of Uzbekistan in this sphere.

Current Status Of Realisation Of Restorative Justice In Criminal Cases Respect To Minors: Analysis Of Domestic And Foreign Practice, M. Nodirov

Review of law sciences

In this article, the domestic and international experience on the production of restorative justice in criminal cases in relation to minors has been studied, on the basis of which the optimal and justified proposals were drafted.

Some Issues Of Improving Criminal Legislation, B. Xidoyatov

Review of law sciences

In this article the author conducted an analysis directions of improving of criminal legislation in the conditions of judicial-legal reforms. And as a result of analyze there had been some suggestions in order to improving of Criminal code of the Republic of Uzbekistan.

Questions Of Improving The Individual Articles Of The Criminal Code In The Process Of Further Deeping Of Democratic Reforms Criminal Code 98, 106-Articles, K. Xakimov

Review of law sciences

The article considers the problems of interpretation of the concept of affect in the theory of criminal law and analyzes the main features of a crime committed in the heat of passion as provided in the article 98,106 of Criminal code of the Republic of Uzbekistan. In this article studies the main principles in understanding the concept of affect and the relation between legal and psychological meaning of affect. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.

Left Out In The Cold, Kayla Rivera

Capstones

Left Out In The Cold is a film about two mothers on the hunt to find justice after their sons were brutally murdered. Both cases are based in the Bronx, remain unsolved, and have been classified as “cold cases,” meaning they no longer have any leads.

For over three months I followed Yamilet Gambaro and Glenda Soto. They do not know each other but these women share the same pain.

Yamilet’s 17-year-old son Joshua Baez was stabbed in the heart on his way home on April 7, 2012. In October of the same year, she moved to Florida to get …

Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary

William & Mary Bill of Rights Journal

This Article addresses touch DNA, chemical analysis of skin traces, and the implications for crime scene investigation, arguing that changes in how trace evidence is analyzed require alterations in the law’s approach to its use. Part I discusses the history of traditional DNA analysis. Part II examines the emergence of touch DNA and related technologies and how they differ from traditional DNA analysis. Part III outlines the specific risks created by the collection and storing of results under the current outdated jurisprudence. Part IV focuses on specific risks to suspects and victims of crime. Part V proposes a legal framework …

Shue V. State Of Nevada, 133 Nev. Adv. Op. 99 (Dec. 14, 2017), Margaret Higgins

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) under NRS 200.710(2), knowingly using a minor as the subject of a sexual portrayal in a performance, the proper unit of prosecution is one conviction per each distinct minor appearing as the subject of a sexual portrayal in a performance; (2) under NRS 200.730, the “simultaneous possession at one time and place of [multiple] images depicting child pornography constituted a single violation of NRS 200.730”; (3) the statute barring the “sexual portrayals” of minors are not overbroad and do not violate the First Amendment or the Due Process Clause of the United States …

Floating On A Sea Of Funny Money: An Analysis Of Money Laundering Through Miami Real Estate And The Federal Government’S Attempt To Stop It, Gary Mcpherson

University of Miami Business Law Review

Miami is experiencing a money laundering controversy the likes of which have not been seen since the “Cocaine Cowboys” era of 1980’s Miami. Condominiums and other mega developments are popping up at an unprecedented pace, immediately after the housing market crash that caused the Great Recession. Adding to this questionable boom in development is the fact that the vast majority of Miami’s population cannot afford to live in places like these. So, the question presented is who is fueling this explosion in development? Criminals, that’s who. Federal agents believe criminals are buying coveted Miami real estate through shell companies to …

Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher

Brooklyn Journal of Corporate, Financial & Commercial Law

Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …

Mullner V. State, 133 Nev. Adv. Op. 98 (Dec. 7, 2017), Joseph K. Fabbi

Nevada Supreme Court Summaries

A court can use offenses committed as a juvenile, but charged and convicted as an adult, when it considers habitual criminal sentencing, especially if the offender’s past convictions are similar to the crime currently being considered for sentencing.

Book Review: Justice Triage, Milan Markovic

Faculty Scholarship

Benjamin Barton and Stephanos Bibas’s new book, Rebooting Justice: More Technology, Fewer Lawyers, and the Future of Law, is an eloquent exemplar of the deregulation literature. What sets Rebooting Justice apart from other works in the genre is that Barton and Bibas do not treat deregulation as a panacea. Their starting point is that Americans are not well served by lawyers’ monopoly over the legal services market, but they do not envision a world in which every legal problem is resolved ably and efficiently. Their goal is much more modest: a less complex legal system in which lawyer …

Doe V. State Ex Rel. Legislature Of The 77th Session, 133 Nev. Adv. Op. 93 (Dec. 7, 2017), Shady Sirsy

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) a medical marijuana registry in Nevada does not encroach upon a medical marijuana user’s fundamental right; (2) the registry is rationally related to legitimate state interests beneficial to the public; and (3) the registry does not implicate a registrant’s right against self-incrimination.