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12,096 full-text articles. Page 132 of 333.

R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written, Adelina Iftene 2021 Dalhousie University Schulich School of Law

R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written, Adelina Iftene

Articles, Book Chapters, & Popular Press

This article reviews the constitutional arguments upheld by the QCCA in Bissonnette and weighs them against the challenges that trial judges have encountered in applying s. 745.51 since 2012. By drawing on a qualitative review of cases in which s. 745.51 has been applied, as well as Charter principles, sentencing case law, and international practices, this article posits that the QCCA was correct in its approach to s. 745.51, both in finding it unconstitutional and in finding that the provision should not be read down to render it constitutional. This article advances the central argument that, in the context of …


Why Disability Studies In Criminal Law And Procedure?, Jamelia N. Morgan 2021 Northwestern University Pritzker School of Law

Why Disability Studies In Criminal Law And Procedure?, Jamelia N. Morgan

Journal of Legal Education

No abstract provided.


How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider 2021 Texas A&M University School of Law

How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Preparation matters in negotiation. While plea bargaining is a criminal lawyer’s primary activity, the value of this skill is discounted by law schools and training programs. A systemic model can be used to improve plea bargaining skills. This Article offers a prep sheet for both prosecutors and defense attorneys and explains how each element of the sheet specifically applies to the plea bargaining context. The prep sheet is designed as a learning tool so that the negotiator can learn from the sheet and then make their own. The sheet highlights important considerations such as understanding the interests and goals of …


The Use Of Expert Opinion Evidence In Criminal Proceedings: An Updated Framework, Siyuan CHEN, Zhi Jia KOH, Jian Wei Joel SOON 2021 Singapore Management University

The Use Of Expert Opinion Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon

Research Collection Yong Pung How School Of Law

The 2012 amendments to the Evidence Act2 “significantly broadened the admissibility criteria for expert evidence”;3 at the same time, the judicial discretion to deny admissibility of relevant expert opinion evidence was also introduced. This article considers the key developments pre- and post-amendments, and in doing so provides an updated framework for prosecutors and defence counsel alike to admit and challenge expert opinion evidence in criminal proceedings. Since it complements earlier articles in this series on similar fact4 and hearsay evidence,5 readers are assumed to be broadly familiar with the features of the Evidence Act, such as its admissibility paradigm, the …


Principle Of Simple, Speedy, And Low-Cost Trial And The Problem Of Asset Recovery In Indonesia, Febby Mutiara Nelson, Topo Santoso 2021 Faculty of Law, Univeristas Indonesia

Principle Of Simple, Speedy, And Low-Cost Trial And The Problem Of Asset Recovery In Indonesia, Febby Mutiara Nelson, Topo Santoso

Indonesia Law Review

This article discusses whether simple, speedy and low-cost principles have been implemented in the criminal justice in Indonesia and the obstacles faced by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption cases. The findings indicate that such principles are yet to be effectively implemented in the criminal justice system in Indonesia. Some obvious issues have emerged as an area for attention; first, that law enforcement in corruption cases takes a long time, remains complicated, and is also high-priced. Second, there are a number of obstacles confronted by the Indonesian criminal justice system, especially …


Limiting The Legality Of Determining Suspects In Indonesia Pre-Trial System, I Gede Widhiana Suarda, Moch. Marsa Taufiqurrohman, Zaki Priambudi 2021 University of Jember, Indonesia

Limiting The Legality Of Determining Suspects In Indonesia Pre-Trial System, I Gede Widhiana Suarda, Moch. Marsa Taufiqurrohman, Zaki Priambudi

Indonesia Law Review

This article aims to examine what the pre-trial judges consider in determining whether a suspect's determination is legal. The basis of the reason "not based on the provisions and legal procedures in force" is a pre-trial petition. Including examining whether the Notification Letter for the Commencement of Investigation has not been submitted to the Reported Party and the Reporting Party, it can be used as a basis for the judge's consideration to judge the legality of the determination of the suspect. This article uses a legal research method through a statutory, conceptual, and case approach. This article finds that after …


Mr. X And Mr. Y Source Material: Finding Aid, Bethany Latham 2021 Jacksonville State University

Mr. X And Mr. Y Source Material: Finding Aid, Bethany Latham

Finding Aids

This collection contains photographs, a clipping file, notes, and newspaper articles pertaining to the murder investigation of a double homicide (known as the “Torso Murders”) that occurred in Calhoun County, Alabama, in 1959. In June 1959, a torso was discovered near Attalla, Alabama, and a day later, a second torso was found near Ashville, Alabama. The two unidentified bodies were designated Mr. X and Mr. Y; they were later identified as Lee and Emmett Harper, who had been living in a trailer on a farm in White Plains, Alabama. Viola Hyatt, daughter of the farmer on whose land the brothers …


Law, Fact, And Procedural Justice, G. Alexander Nunn 2021 Texas A&M University School of Law

Law, Fact, And Procedural Justice, G. Alexander Nunn

Faculty Scholarship

The distinction between questions of law and questions of fact is deceptively complex. Although any first-year law student could properly classify those issues that fall at the polar ends of the law-fact continuum, the Supreme Court has itself acknowledged that the exact dividing line between law and fact—the point where legal inquiries end and factual ones begin—is “slippery,” “elusive,” and “vexing.” But identifying that line is crucially important. Whether an issue is deemed a question of law or a question of fact often influences the appointment of a courtroom decision maker, the scope of appellate review, the administration of certain …


23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office of Attorney General State of Rhode Island, Peter F. Neronha 2021 Roger Williams University

23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha

School of Law Conferences, Lectures & Events

No abstract provided.


Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan 2021 University of Illinois College of Law

Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan

Georgia Journal of International & Comparative Law

No abstract provided.


Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib 2021 University of Georgia School of Law

Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib

Georgia Journal of International & Comparative Law

No abstract provided.


Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe 2021 Ulster University

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.


How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan 2021 Birmingham City University School of Law

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.


Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams 2021 University of Chicago Law School

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams

Georgia Journal of International & Comparative Law

No abstract provided.


Improving The Organizational And Legal Framework For Responsible Actions In Combating Crime, Vakhobjon Karimov 2021 Academy of the General Prosecution office

Improving The Organizational And Legal Framework For Responsible Actions In Combating Crime, Vakhobjon Karimov

ProAcademy

The article highlights the main points of changes in the operational-search legislation of the Republic of Uzbekistan and gives recommendations for the further development of legislation. The article highlights proposals for the further improvement of the legal base of operational-search activity. Information and technical support plays an important role in improving the efficiency of operational investigations. In this regard, operatives of the operational unit use video, audio, film and photographic means, as well as property of legal entities and individuals, other environmentally friendly technical means in accordance with Article 12 of this Law. At the same time, operatives have the …


Masthead, 2021 UC Law SF

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.


Bottleneck: The Place Of County Jails In California’S Covid-19 Correctional Crisis, Hadar Aviram 2021 UC Law SF

Bottleneck: The Place Of County Jails In California’S Covid-19 Correctional Crisis, Hadar Aviram

Hastings Journal of Crime and Punishment

This Article examines a lesser-known site of the COVID-19 pandemic: county jails. Revisiting assumptions that preceded and followed criminal justice reform in California, particularly Brown v. Plata and the Realignment, the Article situates jails within two competing/complementary perspectives: a mechanistic, jurisdictional perspective, which focuses on county administration and budgeting, and a geographic perspective, which views jails in the context of their neighboring communities. The prevalence of the former perspective over the latter among both correctional administrators and criminal justice reformers has generated unique challenges in fighting the spread of COVID-19 in jails: paucity of, and reliability problems with, data; weak …


Victims, Right?, Anna Roberts 2021 Brooklyn Law School

Victims, Right?, Anna Roberts

Faculty Scholarship

No abstract provided.


The Truth(S) Behind “True Crime”: Examining The Role Of Narrative In The Retellings Of The Rafay Family Murders, Samantha L. Richard 2021 Western University

The Truth(S) Behind “True Crime”: Examining The Role Of Narrative In The Retellings Of The Rafay Family Murders, Samantha L. Richard

FIMS Major Projects and Creative Projects

In April of 1995, the Royal Canadian Mounted Police (RCMP) launched their second ever “Mr. Big” operation: one that involves an intricate interrogation technique designed to elicit a confession from suspected criminals in cases where physical evidence cannot link the accused to the crime. The targets of this operation were suspected murderers Sebastian Burns and Atif Rafay. The highly publicized case was discussed extensively through traditional news coverage, as well as in various stories of the true crime genre. Through the use of narrative theory, this paper examines the role of narrative in the retelling of the Rafay family murders. …


California’S Sb 1437 And Its Applicability To Attempted Murder Liability, Violeta Alvarez 2021 UC Law SF

California’S Sb 1437 And Its Applicability To Attempted Murder Liability, Violeta Alvarez

Hastings Journal of Crime and Punishment

No abstract provided.


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