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All Articles in Criminal Law

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27,826 full-text articles. Page 390 of 609.

The Responsibility Of The Mentally Ill For Criminal Offenses, John R. Cavanagh, M.D. 2016 St. John's University School of Law

The Responsibility Of The Mentally Ill For Criminal Offenses, John R. Cavanagh, M.D.

The Catholic Lawyer

No abstract provided.


A Judge Views The M'Naghten Rule, Peter T. Farrell 2016 St. John's University School of Law

A Judge Views The M'Naghten Rule, Peter T. Farrell

The Catholic Lawyer

No abstract provided.


Proposed Revisions Of The M'Naghten Rule, 2016 St. John's University School of Law

Proposed Revisions Of The M'Naghten Rule

The Catholic Lawyer

No abstract provided.


Mental Disease And Criminal Responsibility, Joseph T. Tinnelly, C.M. 2016 St. John's University School of Law

Mental Disease And Criminal Responsibility, Joseph T. Tinnelly, C.M.

The Catholic Lawyer

No abstract provided.


Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi 2016 Osgoode Hall Law School of York University

Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi

PhD Dissertations

This thesis asks does existence need to be regulated by the State? The answer relies on legal anarchism, an interdisciplinary, particularly criminal law and philosophy, and unconventional research project based on multiple methodologies with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, …


Forgiveness, Blame, And Punishment, James Staihar 2016 University of Maryland

Forgiveness, Blame, And Punishment, James Staihar

Buffalo Public Interest Law Journal

When someone commits a crime with no exculpatory defenses,he is blameworthy and deserves to be punished. Nevertheless, assuming the criminal were to satisfy some conditions, he could become forgivable. In this Essay I defend a restorative theory of what it means to forgive a criminal and when the forgiveness of a criminal would be warranted. My defense is unique in that I ultimately derive my theory offorgiveness from a novel theory of when criminals deserve to be punished. My restorative theory of forgiveness yields at least two general insights that are generally not appreciated in the prior literature on forgiveness. …


Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu 2016 Riara University Law School

Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu

Southern African Journal of Policy and Development

This article explores how ideas of patriarchy have shaped the nature and effect of rape law. It argues that rape law reinforces patriarchy, and because of the inherent inconsistencies between the male roles of aggressor and protector, it has remained ineffective. Taking Kenya as its springboard, it analyses how ideas of sexual relations within and outside marriage are transplanted through colonialism; and how they morph and merge with analogous indigenous conceptions to entrench and formalise the continued subjugation of the female body. It explores the unintended consequences of the internationalisation of English Monogamy; and rape law reform and its continuity/discontinuity …


Penal Welfare And The New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen 2016 Brooklyn Law School

Penal Welfare And The New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen

Faculty Scholarship

No abstract provided.


Section 4: Criminal, Institute of Bill of Rights Law, William & Mary Law School 2016 William & Mary Law School

Section 4: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Gatekeepers’ Roles As A Fundamental Key In Money Laundering, Paku Utama 2016 Chinese University of Political Science and Law, China

Gatekeepers’ Roles As A Fundamental Key In Money Laundering, Paku Utama

Indonesia Law Review

This study examines problem of money laundering and identifies role of gatekeepers in utilising their expertise to conceal the proceeds of crime. In order to successfully prevent and investigate money laundering, we need to understand the development of anti-money laundering regime and how country like Indonesia adopts this development into its domestic regulations. Nevertheless, it is crucial to comprehend gatekeepers utilising various money laundering mechanisms and offshore financial centres. Scrutinised cases from Indonesia and corporate practices from Singapore on this study highlight how gatekeepers operate in the private sector, wittingly or unwittingly, use their expert knowledge of the international financial …


Human Trafficking, Drug Trafficking, And The Death Penalty, Felicity Gerry, Narelle Sherwill 2016 Bar of England and Wales; Supreme Court of the Northern Territory of Australia, Australia

Human Trafficking, Drug Trafficking, And The Death Penalty, Felicity Gerry, Narelle Sherwill

Indonesia Law Review

Both Australia and Indonesia have made commitments to combatting human trafficking. Through the experience of Mary Jane Veloso it can be seen that it is most often the vulnerable ‘mule’ that is apprehended by law enforcement and not the powerful leaders of crime syndicates. It is unacceptable that those vulnerable individuals may face execution for acts committed under threat of force, coercion, fraud, deception or abuse of power. For this reason it is vital that a system of victim identification is developed, including better training for law enforcement, legal representatives and members of the judiciary. This paper builds on submissions …


Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Kuckes On Grand Jury Secrecy 8/30/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Brief Of The Roderick & Solange Macarthur Justice Center, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (8th Cir. August 19, 2016) (No. 16- 02730)., Janet Moore 2016 University of Cincinnati College of Law

Brief Of The Roderick & Solange Macarthur Justice Center, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (8th Cir. August 19, 2016) (No. 16- 02730)., Janet Moore

Faculty Articles and Other Publications

This case involves a district court’s patent disregard for a deeply mentally impaired defendant’s right to meaningful representation in capital federal habeas proceedings. By funding only 6% of defense counsel’s request for necessary expert and other resources, the District Court violated the constitution, ignored federal statutory mandates, flouted the Supreme Court’s remand order, blocked counsel’s ability to satisfy professional and ethical obligations, publicly disclosed contents of previously protected information about defense strategy, and set a very dangerous precedent for our justice system.


Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer 2016 Brooklyn Law School

Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer

Washington and Lee Law Review Online

This Response addresses Jenia Turner and Alison Redlich’s comparative analysis of criminal discovery practices in two neighboring states, Virginia and North Carolina. Whereas Virginia adheres to the traditional, category-driven approach, North Carolina requires its prosecutors to disclose the contents of their “file,” with some notable exceptions.

Open-file discovery has quickly become a fertile source of debate among scholars and practitioners. Turner and Redlich have devised a valuable survey to test theoretical claims commonly asserted by open-file discovery’s opponents and supporters. Unsurprisingly, the authors find that disclosure is generally broader in North Carolina (an open-file state) than in Virginia. More notable …


State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang 2016 Nevada Law Journal

State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang

Nevada Supreme Court Summaries

The Court held that the district court abused its discretion when overturning a misdemeanor driving under the influence conviction by failing to consider the state’s evidence of the defendant’s guilt.


Washington V. State, 132 Nev. Adv. Op. 65 (Aug. 12, 2016), Elise Conlin 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Washington V. State, 132 Nev. Adv. Op. 65 (Aug. 12, 2016), Elise Conlin

Nevada Supreme Court Summaries

The Court determined that 1) multiple convictions under NRS 202.285(1) are not redundant because the word discharges illustrates the legislature’s intent to separately punish each violation of the statute; 2) the State sufficiently proved beyond a reasonable doubt to the jury the charges against Washington; and 3) using the term “unnamed coconspirator” is allowed in a conspiracy charge and the identity of the unnamed does not need to be proven in order to charge other.


Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz 2016 Nevada Law Journal

Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz

Nevada Supreme Court Summaries

No abstract provided.


Martinez-Hernandez V. The State Of Nevada, 132 Nev. Adv. Op. 61 (Aug. 12, 2016), Angela Lee 2016 Nevada Law Journal

Martinez-Hernandez V. The State Of Nevada, 132 Nev. Adv. Op. 61 (Aug. 12, 2016), Angela Lee

Nevada Supreme Court Summaries

The Nevada Supreme Court determined that (1) if collateral consequences of a criminal conviction exist, a post-conviction petition for a writ of habeas corpus challenging the validity of a judgment of conviction, filed while imprisoned, is not moot once the petitioner is released, and (2) a criminal conviction creates a presumption that collateral consequences exist.


Mcnamara V. State, 132 Nev. Adv. Op. 60 (August 12, 2016), Annie Avery 2016 Nevada Law Journal

Mcnamara V. State, 132 Nev. Adv. Op. 60 (August 12, 2016), Annie Avery

Nevada Supreme Court Summaries

The Court determined that (1) the state of Nevada has territorial jurisdiction under NRS 171.020 when a defendant has criminal intent and he or she performs any act in this state in furtherance of that criminal intent; (2) territorial jurisdiction is a question of law for the court, not a question of fact for the jury; (3) the State bears the burden of proving territorial jurisdiction by a preponderance of the evidence; and (4) omitting a lesser offense on a jury form is not a reversible error where the jury is properly instructed on the lesser offense.


Jurisdiction And Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied, Leah Litman, Luke C. Beasley 2016 University of Michigan Law School

Jurisdiction And Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied, Leah Litman, Luke C. Beasley

Articles

This Essay is about what prosecutors can do to ensure that prisoners with meritorious legal claims have a remedy. The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes draconian conditions on when prisoners may file successive petitions for post-conviction review (that is, more than one petition for post-conviction review). AEDPA’s restrictions on post-conviction review are so severe that they routinely prevent prisoners with meritorious claims from vindicating those claims.


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