Changing The Topography Of Sentencing,
2010
UC Hastings College of the Law
Changing The Topography Of Sentencing, Kate Bloch
Faculty Scholarship
No abstract provided.
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing,
2010
UC Hastings College of the Law
Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard Leo
Faculty Scholarship
No abstract provided.
It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play,
2010
UC Hastings College of the Law
It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little
Faculty Scholarship
No abstract provided.
The Sexual Assault Of Intoxicated Women,
2010
Allard School of Law at the University of British Columbia
The Sexual Assault Of Intoxicated Women, Janine Benedet
All Faculty Publications
This article considers how the criminal law of sexual assault in Canada deals with cases of women who have been consuming intoxicants (e.g. alcohol and or drugs). In particular, it considers under what circumstances the doctrines of incapacity to consent and involuntariness have been applied to cases in which the complainant was impaired by alcohol or drugs. It also reflects on problems of proof in such cases. Finally, it examines whether the treatment of this class of complaints tells us anything about the law’s understanding of consent, and capacity to consent, more generally, in the context of competing social understandings …
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law,
2010
Allard School of Law at the University of British Columbia
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
All Faculty Publications
In 2008, Canada raised the age of consent to sexual activity with an adult from 14 years of age to 16. This change was motivated, in part, by several high profile cases of internet “luring” of younger teenagers. This article considers whether raising the age of consent has had any benefits. It begins by discussing the history and development of age of consent laws in Canada. The justification for a statutory age of consent has shifted from one based on the age at which a girl is deemed to be sexually available to one based on her capacity to give …
Supreme Court Criminal Law Jurisprudence - October 2008 Term,
2010
Touro Law Center
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Scholarly Works
No abstract provided.
The Death Of Suspicion,
2010
Touro Law Center
The Death Of Suspicion, Fabio Arcila Jr.
Scholarly Works
This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in …
Corporate War Crimes: Prosecuting Pillage Of Natural Resources,
2010
Allard School of Law at the University of British Columbia
Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart
All Faculty Publications
Pillage means theft during war. Although the prohibition against pillage dates to antiquity, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for the pillage of natural resources. And yet modern commercial actors are seldom held accountable for their role in the illegal exploitation of natural resources from modern conflict zones, even though pillage is prosecuted as a matter of course in other contexts. This book offers a doctrinal road-map of the law governing pillage as applied to the illegal exploitation of natural resources by …
Inter-Judge Sentencing Disparity After Booker: A First Look,
2010
Indiana University Maurer School of Law
Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott
Articles by Maurer Faculty
A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series of decisions from 2005 to 2007, the Supreme Court rendered the Guidelines advisory (Booker), set a highly deferential standard for appellate review (Gall), and explicitly authorized judges to reject the policy judgments of the Sentencing Commission (Kimbrough). Since then, the Commission has received extensive anecdotal …
Intimate Femicide: A Study Of Sentencing Trends For Men Who Kill Their Intimate Partners,
2010
Allard School of Law at the University of British Columbia
Intimate Femicide: A Study Of Sentencing Trends For Men Who Kill Their Intimate Partners, Isabel Grant
All Faculty Publications
This article examines sentencing trends over the past 18 years for men who kill their intimate partners. Using a sample of 252 cases, the article demonstrates that periods of parole ineligibility for second degree murder rose significantly after the Supreme Court of Canada’s decision in Shropshire but have more recently levelled off to a range that is still higher than the pre-Shropshire era. With respect to manslaughter, changing social attitudes and the amendments to the Criminal Code making the spousal nature of the crime an aggravating factor have resulted in increasingly severe sentences for spousal manslaughters. While a large number …
Reconceiving The Fourth Amendment And The Exclusionary Rule,
2010
Indiana University Maurer School of Law
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism,
2010
Louisiana State University Law Center
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken Levy
Georgia Law Review
For over a century now, American scholars(among others) have been debating the merits of "bad-Samaritan" laws-laws punishing people for failing to attempt "easy rescues." Unfortunately, the opponents of bad-Samaritan laws have mostly prevailed. In the United States, the "no-duty-to-rescue" rule dominates. Only four states even have bad-Samaritan laws, and these laws impose only the most minimal punishment-either sub-$500 fines or short-term imprisonment. This Article argues that this situation needs to be remedied. Every state should criminalize bad Samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against …
Melendez-Diaz And The Right To Confrontation,
2010
Indiana University Maurer School of Law
Melendez-Diaz And The Right To Confrontation, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
What Are We Doing To The Children?: An Essay On Juvenile (In)Justice,
2010
Duke Law School
What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Enforcing International Corrupt Practices Law,
2010
Duke Law School
Enforcing International Corrupt Practices Law, Paul D. Carrington
Faculty Scholarship
This Essay strives to advance the current international movement to
deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
The Case For Criminalising Primary Infringements Of Copyright – Perspectives From Singapore,
2010
Singapore Management University
The Case For Criminalising Primary Infringements Of Copyright – Perspectives From Singapore, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
Hitherto, criminal liability only attached to, inter alia, the commercial manufacture, importation, distribution and sale of infringing copies of copyright material.1 In the noncommercial context, it was also a criminal offence to distribute infringing materials that had a prejudicial impact on the copyright owner.2 The defendant therefore could not be subject to criminal prosecution for infringing acts that were not motivated by profit or that did not involve “prejudicial” distribution. Only civil liability attached to copyright infringements for what may be loosely termed “non-commercial” purposes. All this, of course, changed when the United States–Singapore Free Trade Agreement (USSFTA) was concluded …
