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Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, Abdulaziz Al-Hassan Dr. 2023 Associate Professor of Criminal Law, College of Law, Ajman University, United Arab Emirates

Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, Abdulaziz Al-Hassan Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The right of defense in front of investigation and justice authorities is part of the right of litigation that is assured by constitutions, national laws and international treaties. It is one of the pillars of fair trial because it is an original natural right. The rights of defense are not only to the accused person but they are so for each person having the status of a litigant in front of investigation and justice authorities whether in a penal , administrative , commercial and sharia case and whether this litigant is a physical person or a moral one.

The legislator …


Jordanian Efforts In Combating The Crime Of Terrorism, Mohammad Salameh Alsakarna 2023 Al-Zaeem Al-Azhari University- Sudan

Jordanian Efforts In Combating The Crime Of Terrorism, Mohammad Salameh Alsakarna

Journal of the Association of Arab Universities for Research in Higher Education (مجلة اتحاد الجامعات العربية (للبحوث في التعليم العالي

The study aimed to identify the Jordanian efforts in combating the crime of terrorism by using a comprehensive analytical descriptive legal methodology. The most important results of the study were as follows: A terrorist crime is an international crime because it endangers international peace and security, even if it occurs within countries and from groups that hold its nationality. Jordan's issuance of modern law to prevent terrorism came as a result of global circumstances represented in the growing role of international efforts aimed at combating and eliminating terrorism. Most of the criminal legislation singled out special provisions for the trial …


Democratizing Tthe Eighth Amendment, Erin E. Braatz 2023 Villanova University Charles Widger School of Law

Democratizing Tthe Eighth Amendment, Erin E. Braatz

Villanova Law Review

No abstract provided.


Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela 2023 Villanova University Charles Widger School of Law

Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela

Villanova Law Review

No abstract provided.


There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong 2023 Villanova University Charles Widger School of Law

There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong

Villanova Law Review

No abstract provided.


Evidence Of Gambling Expert Witness In Prosecuting Online Gambling Offences: Malaysia’S Experience And Way Forward, SHARIFAH ZULIA BALQISH S. AGIL 2023 University of Nevada, Las Vegas

Evidence Of Gambling Expert Witness In Prosecuting Online Gambling Offences: Malaysia’S Experience And Way Forward, Sharifah Zulia Balqish S. Agil

International Conference on Gambling & Risk Taking

Abstract:

Accessibility of online gambling surges with rife coverage of the Internet worldwide including in Malaysia. Criminal procedures to curb rampancy of online gambling are the last bastion of the society from gambling disorder hazards. However, prosecuting online gambling offences poses ginormous technical challenges to police force and prosecutors. The assistance of gambling expert witness is sine qua non in proving attributes of games as gambling. The existing Malaysia legal framework stipulates for appointment of gambling expert witness in prosecuting traditional gambling offences but absence of online equivalent. This paper seeks to examine the general law on expert witness in …


A History Of Exclusion: "For Cause" Challenges And Black Jurors, Lauren Kingsbeck 2023 University of St. Thomas, Minnesota

A History Of Exclusion: "For Cause" Challenges And Black Jurors, Lauren Kingsbeck

University of St. Thomas Law Journal

No abstract provided.


Attorney-Client Privilege: Minnesota Recognizes The Common-Interest Doctrine, George H. Singer 2023 University of St. Thomas, Minnesota

Attorney-Client Privilege: Minnesota Recognizes The Common-Interest Doctrine, George H. Singer

University of St. Thomas Law Journal

No abstract provided.


Prostitution And Pornography: Reforming A Perspective, Mayce Combs 2023 Liberty University

Prostitution And Pornography: Reforming A Perspective, Mayce Combs

Helm's School of Government Conference

Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …


Drug Ideologies Of The United States, Macy Montgomery 2023 Liberty University

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …


Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement, Christopher J. Boosey 2023 Liberty University

Giglio Feds: The Void Of Ethical Leadership Within Federal Law Enforcement, Christopher J. Boosey

Helm's School of Government Conference

No abstract provided.


Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons 2023 Seattle University School of Law

Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons

Seattle Journal of Technology, Environmental & Innovation Law

The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.

This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …


“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo 2023 New York Law School

“Take The Motherless Children Off The Street”: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo

University of Miami Law Review

Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome dis- order (“FASD”) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. In this Article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts in cases involving defendants with FASD and consider adequacy of counsel. Next, we will discuss the impact of FASD on the …


Was Atwater V. Lago Vista Decided Correctly? The Fourth Amendment's Shadow And Simulacra Of Police Brutality And The American Dream, Charles Lincoln 2023 Barry University School of Law

Was Atwater V. Lago Vista Decided Correctly? The Fourth Amendment's Shadow And Simulacra Of Police Brutality And The American Dream, Charles Lincoln

Barry Law Review

No abstract provided.


The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley 2023 University of Nebraska at Omaha

The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley

Theses/Capstones/Creative Projects

Daniel grew up with humble beginnings in Starlight, Nebraska. His loving parents provided him and his four other siblings with as much as they could. Victoria grew up wealthy in a small town in Georgia but by fifth grade, Victoria would move to Starlight due to her father’s business proposition. Soon Daniel and Victoria’s worlds collided setting the way for the most epic and yet tragic love story to ever hit Starlight Nebraska. A creative short story that intertwines the disciplines of criminal justice, intergroup dialogue, psychology, and the law.


The Analysis Of Transitional Justice Initiatives And The Flaw Of Prosecution On The Past Human Rights Violation In Indonesia (Tanjung Priok Case), Junaedi Saibih, Elwi Danil, Kurnia Warman, Nani Mulyati 2023 Universitas Andalas, Indonesia

The Analysis Of Transitional Justice Initiatives And The Flaw Of Prosecution On The Past Human Rights Violation In Indonesia (Tanjung Priok Case), Junaedi Saibih, Elwi Danil, Kurnia Warman, Nani Mulyati

Indonesian Journal of International Law

The political transition from the New Order era to Reform Era has initiated questions to the transitional government about transitional justice initiatives. This chapter discusses the theoretical perspectives on transitional justice that have been developed by many scholars in their publications. Besides the theoretical perspectives about transitional justice, this chapter also discusses transitional justice elements, the forms, and the institution of justice in transitional regimes. The discussion in this chapter is important as a measurement of the transitional government initiatives to reach political stability and reconciling with the past. The explanation about the forms and the element of justice then …


Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward 2023 William & Mary Law School

Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward

Faculty Publications

The nationwide movement for criminal justice reform has produced numerous proposals to amend procedural and sentencing practices in the American criminal justice system. These include plans to abolish mandatory minimum schemes in criminal sentencing; address discrimination in charging, convicting, and sentencing; reform drug policy; rectify discriminatory policies and practices in policing; assist incarcerated individuals in re-entering society when released from prison; and reorganize our system of juvenile justice. But less attention has been given to reforming the substantive content of the criminal law—specifically, to addressing flaws in how the law defines the elements of criminal culpability and deploys them in …


25 Is The New 18: Extending Juvenile Jurisdiction And Closing Its Exceptions, Dylan Raymond 2023 S.J. Quinney College of Law, University of Utah

25 Is The New 18: Extending Juvenile Jurisdiction And Closing Its Exceptions, Dylan Raymond

Utah Law Review

Courts are in broad agreement that juveniles—defined as people under 18-yearsold — are less culpable than adults and thus punish them differently. Indeed, few would disagree that the adult criminal system should apply only to adults—people “fully developed and mature.” If separating adults and juveniles based on culpability is the goal, it begs a simple question: should the split happen at age 18? Some U.S. institutions imply that they believe an 18-year-old lacks the requisite maturity to assume certain responsibilities, including the House of Representatives and car rental agencies, which permit participation at 25. Looking globally, important institutions like the …


Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin 2023 Texas A&M University School of Law

Mass E-Carceration: Electronic Monitoring As A Bail Condition, Sara Zampierin

Utah Law Review

Over the past decade, the immigration and criminal legal systems have increasingly relied on electronic monitoring as a bail condition; hundreds of thousands of people live under this monitoring on any given day. Decisionmakers purport to impose these conditions to release more individuals from detention and to maintain control over individuals they perceive to pose some risk of flight or to public safety. But the data do not show that electronic monitoring successfully mitigates these risks or that it leads to fewer individuals in detention. Electronic monitoring also comes with severe restrictions on individual liberty and leads to harmful effects …


A New Test For The New Crime Exception, Colin Miller 2023 University of South Carolina - Columbia

A New Test For The New Crime Exception, Colin Miller

Utah Law Review

The new crime exception to the Fourth Amendment exclusionary rule allows prosecutors to introduce evidence connected to new crimes committed by defendants who were illegally detained and/or questioned. Unfortunately, as illustrated in this Article, courts largely have applied this new crime exception without any analytical framework or regard for the severity of the initial police misconduct or the defendant’s response. Moreover, courts have begun applying the new crime exception to crimes such as giving a fake name in response to an un-Mirandized interrogation following a lawful arrest.

By doing so, courts have allowed the new crime exception to swallow two …


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