Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure,
2013
Singapore Management University
Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure, Denise Huiwen Wong
Research Collection Yong Pung How School Of Law
The amendments to the Criminal Procedure Code (Cap 68, 1985 Rev Ed) and subsequent case law developments have created a patchwork of rules governing the disclosure obligations of parties in criminal cases. This article argues that parties have thereby been endowed with a right that is exercisable in the courts to access the material to which the law says they are entitled. However, there are currently no proper procedural mechanisms in place for parties to make interlocutory applications to obtain such material. This article examines the competing values and ideals of a criminal discovery regime, and suggests that concepts such …
The Dog Days Of Fourth Amendment Jurisprudence,
2013
Northwestern Pritzker School of Law
The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports
NULR Online
No abstract provided.
Teaching 'The Wire': Fiction As Pedagogical Tool,
2013
American University Washington College of Law
Teaching 'The Wire': Fiction As Pedagogical Tool, Roger Fairfax
Presentations
No abstract provided.
Summary Of State V. Greene, 129 Nev. Adv. Op. No. 58,
2013
Nevada Law Journal
Summary Of State V. Greene, 129 Nev. Adv. Op. No. 58, Brittnie Watkins
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order granting respondent’s post-conviction petition for a writ of habeas corpus.
Banished For Life: Deportation Of Juvenile Offenders As Cruel And Unusual Punishment,
2013
Southwestern Law School
Banished For Life: Deportation Of Juvenile Offenders As Cruel And Unusual Punishment, Beth Caldwell
Cardozo Law Review
No abstract provided.
Legal Services Assessment For Trafficked Children- Cook County, Illinois Case Study,
2013
Center for the Human Rights of Children at Loyola University Chicago
Legal Services Assessment For Trafficked Children- Cook County, Illinois Case Study, Katherine Kaufka Walts Jd, Linda Rio Reichmann Jd, Catherine Lee Ma
Center for the Human Rights of Children
Child trafficking is one of the most disturbing human rights abuses of our time, involving cases of boys and girls exploited for labor and/or commercial sexual services. These children may suffer physical, sexual, and emotional violence at the hands of traffickers, who can be pimps, employers, and even family members. Trafficking schemes may involve various forms of force, fraud, and coercion, which can be physical and/or psychological in nature. Current research indicates that legal services are a critical component of a comprehensive service delivery model for victims of human trafficking and a realization of human rights. However, little to no …
Adjudicating Sex Crimes As Mental Disease,
2013
University of Houston Law Center
Adjudicating Sex Crimes As Mental Disease, Melissa Hamilton
Pace Law Review
The psychiatric diseases of the paraphilias are now entrenched in the law in decisions concerning culpability, desert, and risk. Though, as the foregoing cases suggest, it is a tough balancing act, considering the existence of psychiatric illness suggests less responsibility, while at the same time implying a greater risk of future dangerousness. To better navigate this conundrum, the law has drawn on the psychiatric sciences. Part II of this Article outlines a basic need for law and science to serve each other even though they may not share objectives. With respect to the advent of new laws to control sex …
Summary Of Brass V. State, 129 Nev. Adv. Op. 53,
2013
Nevada Law Journal
Summary Of Brass V. State, 129 Nev. Adv. Op. 53, Katelyn J. Cantu
Nevada Supreme Court Summaries
The Court considered whether an attorney may file a substantive motion on a deceased client's behalf in a criminal case when a personal representative has not been substituted as a party to the appeal.
Summary Of Armenta-Carpio V. State, 129 Nev. Adv. Op. No. 54,
2013
Nevada Law Journal
Summary Of Armenta-Carpio V. State, 129 Nev. Adv. Op. No. 54, Drew Wheaton
Nevada Supreme Court Summaries
The Court considered whether a concession-of-guilt strategy is equivalent to a guilty plea, thus requiring the district court to canvass a defendant to determine whether he knowingly and voluntarily consented to the concession of guilt.
Summary Of State V. Robles-Nieves, 129 Nev. Adv. Op. No. 55,
2013
Nevada Law Journal
Summary Of State V. Robles-Nieves, 129 Nev. Adv. Op. No. 55, Sean Africk
Nevada Supreme Court Summaries
The Court considered the appropriate factors for evaluating a motion for the stay of a criminal proceeding pending the resolution of an interlocutory appeal from an order granting a motion to suppress evidence.
Summary Of State V. Beckman, 129 Nev. Adv. Op. 51,
2013
Nevada Law Journal
Summary Of State V. Beckman, 129 Nev. Adv. Op. 51, Daniel Nubel
Nevada Supreme Court Summaries
Appeal from a district court order granting a motion to suppress evidence. The Court clarified the government’s ability to subject citizens to drug sniffing dogs in the absence of reasonable suspicion.
Summary Of Clay V. Eighth Judicial District Court, 129 Nev. Adv. Op. 48,
2013
Nevada Law Journal
Summary Of Clay V. Eighth Judicial District Court, 129 Nev. Adv. Op. 48, Katelyn Franklin
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus challenging an order from the district court denying a pretrial petition for a writ of habeas corpus. The question before the Court was whether a district attorney violates NRS 172.095(2) when he or she seeks an indictment for child abuse or neglect under NRS 200.508(1),2 based on nonaccidental physical injury, but fails to inform the grand jurors of the definition of “physical injury.”
Survey Of Washington Search And Seizure Law:
2013 Update,
2013
Seattle University School of Law
Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens
Seattle University Law Review
This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …
Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws,
2013
Brigham Young University Law School
Punishing Pimps And Johns: Sex-Trafficking And Utah's Laws, Michelle Jeffs
Brigham Young University Journal of Public Law
This article will focus on the problem of women being forced into prostitution and then coerced into staying, also known as sex trafficking. This Article will focus specifically on what Utah can do to improve its approach to sex trafficking, in light of actions taken by other states and nations. Part II of this article provides background and definitions of sex trafficking and the players involved. Part III discusses the legal history of the criminalization of sex trafficking. Part IV talks about incidents of sex trafficking in Utah. Part V discusses the current laws against sex trafficking in Utah. Part …
Rational Criminal Addictions,
2013
Florida State University College of Law
Rational Criminal Addictions, Manuel A. Utset
Scholarly Publications
No abstract provided.
Taking Mistakes Seriously,
2013
Brigham Young University Law School
Taking Mistakes Seriously, Paul J. Larkin Jr.
Brigham Young University Journal of Public Law
Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …
Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy And Criminal Hiv Exposure Laws In The Workplace,
2013
University of Washington School of Law
Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy And Criminal Hiv Exposure Laws In The Workplace, Chelsey Heindel
Washington Journal of Law, Technology & Arts
In 1988, the Washington Legislature classified intentionally exposing individuals to the human immunodeficiency virus (HIV) as criminal assault in the first degree. Lawmakers intended to penalize infected individuals without conditioning criminal liability on actual HIV transmission. Since 1988, however, medical technologies and effective HIV treatment have rapidly advanced. Recent studies indicate that effective antiretroviral therapy (ART) can reduce HIV transmission risks to a virtual impossibility during moments of intentional exposure. Despite these medical advances, the 1988 exposure law remains unchanged. Consequently, individuals undergoing effective ART risk felony liability within the course of commonplace work conduct by intentionally exposing others to …
How Folk Beliefs About Free Will Influence Sentencing: A New Target For The Neuro-Determinist Critics Of Criminal Law,
2013
Cornell Law School
How Folk Beliefs About Free Will Influence Sentencing: A New Target For The Neuro-Determinist Critics Of Criminal Law, Emad H. Atiq
Cornell Law Faculty Publications
Do recent results in neuroscience and psychology that portray our choices as predetermined threaten to undermine the assumptions about "free will" that drive criminal law? This article answers in the affirmative, and offers a novel argument for the transformative import of modern science. It also explains why a revision in the law's assumptions is morally desirable. Problematic assumptions about free will have a role to play in criminal law not because they underlie substantive legal doctrine or retributive theory, but because everyday actors in the sentencing process are authorized to make irreducibly moral determinations outside of the ordinary doctrinal framework. …
Order, Technology And The Constitutional Meanings Of Criminal Procedure,
2013
University of South Carolina School of Law
Order, Technology And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker
Faculty Publications
No abstract provided.
Shoot To Kill: A Critical Look At Stand Your Ground Laws,
2013
University of Miami School of Law
Shoot To Kill: A Critical Look At Stand Your Ground Laws, Tamara Rice Lave
University of Miami Law Review
No abstract provided.
