The Illicit Trafficking of Counterfeit Goods and Transnational
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Report to the Nation on Crime and Justice, Second Edition
U.S. Department of Justice Bureau of Justice Statistics Report to the Nation on Crime and Justice Second edition NCJ-105506, March 1988 U.S. Department of Justice Bureau of Justice Statistics Steven R. Schlesinger Director Marianne W. Zawitz Editor Contents Introduction iii I. The criminal event 1 II. The victim 23 Ill. The offender 39 IV. The response to crime 55 1. An overview 56 2. Entry into the criminal justice system 62 3. Prosecution and pretrial services 71 4. Adjudication 81 5. Sentencing and sanctions 90 6. Corrections 102 V. The cost of justice 113 Index 128 ii Report to the Nation on Crime and Justice Introduction The Bureau of Justice Statistics presents This edition contains additional material this second comprehensive picture of on such common law crimes as homi- crime and criminal justice in the United cide, robbery, and burglary; drunk driv- States. Relying heavily on graphics and ing; white-collar crime; high technology a nontechnical format, it brings together crime; organized crime; State laws that a wide range of data from BJS's own govern citizen use of deadly force; pri- statistical series, the FBI Uniform Crime vate security; police deployment; sen- Reports, the Bureau of the Census, the tencing practices; forfeiture; sentencing National Institute of Justice, the Office outcomes; time served in prison and of Juvenile Justice and Delinquency jail; facilities crowding; recidivism; the Prevention, and many other research cost of crime; and privatization of crimi- and reference sources. Because it ana- nal justice functions. lyzes these and other rich data sources, this report should interest the general Graphic excellence and clarity of public as well as criminal justice practi- expression are the hallmarks of this tioners, researchers, and educators in attempt to assist the Nation as it seeks our high schools and colleges. -
Substantive Criminal Law: Principles and Working 1 Vocabulary
55256_CH01_001_016.pdf:55256_CH01_001_016.pdf 12/18/09 1:58 PM Page 1 CHAPTER Substantive Criminal Law: Principles and Working 1 Vocabulary Key Terms Actual cause Ecclesiastical courts Positive law Actus reus Federalism Precedent Administrative law Felony Preponderance of the evidence Attendant circumstances General intent Procedural law Beyond a reasonable doubt Gross misdemeanor Property crime Burden of proof Injunctive relief Proximate cause But-for test Intervening cause Punitive damage Canon law Jurisdiction Recklessness Capital felony Kings courts Republic Case law Law courts Social contract theory Civil law Least restrictive mechanism Specific intent Code of Hammurabi Legal cause Stare decisis Common law Lesser included offense Statutory law Compensatory damage Mala in se Strict liability Constitutional law Mala prohibita Substantial factor test Constructive intent Mens rea Substantive law Corpus delicti Misdemeanor Tort Courts of equity Misprision of felony Tortfeasor Crime Natural law Transferred intent Criminal law Negligence Uniform Crime Reports Culpable Nulla poena sine lege Violation Declaratory relief Ordinance Violent crime Democracy Ordinary misdemeanor Wobblers Deviance Petty misdemeanor Introduction This chapter explores and describes the founda- tions of American criminal law. While progressing From the genesis of time, human beings have sought through its content, readers are informed of the to establish guidelines to govern human behavior. In extent to which serious crime occurs in America. ancient civilizations, rules were derived from morals, Readers will also develop an appreciation for the customs, and norms existing within society. Thus, in Republic form of government used in this nation most societies, modern laws evolved from a loose and how social contract theory guides the construc- set of guidelines into a formal system of written tion of criminal law. -
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 25, 2011 No. 09-41064 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. THOMAS GORE, Defendant–Appellant. Appeal from the United States District Court for the Eastern District of Texas Before HIGGINBOTHAM, CLEMENT, and OWEN, Circuit Judges. PRISCILLA R. OWEN, Circuit Judge: In this direct appeal Thomas Gore contends that his prior Texas conviction for conspiracy to commit aggravated robbery is not a violent felony within the meaning of the Armed Career Criminal Act (ACCA)1 and that the district court erred in sentencing him as a career offender. We affirm. I Gore pled guilty to possessing a firearm after being convicted of a felony, in violation of 18 U.S.C. § 922(g). The presentence report recommended that the 1 18 U.S.C. § 924(e). Case: 09-41064 Document: 00511425053 Page: 2 Date Filed: 03/25/2011 No. 09-41064 district court sentence Gore as a career offender pursuant to the ACCA based on Gore’s three prior state convictions, two for serious drug offenses and the other for conspiracy to commit aggravated robbery. Gore objected to the presentence report, arguing that conspiracy to commit aggravated robbery is not a violent felony under the ACCA and that he therefore should be sentenced within a Guidelines range of 33-41 months of imprisonment. The district court overruled the objection and sentenced Gore to 180 months of imprisonment. -
Competing Theories of Blackmail: an Empirical Research Critique of Criminal Law Theory
Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory Paul H. Robinson,* Michael T. Cahill** & Daniel M. Bartels*** The crime of blackmail has risen to national media attention because of the David Letterman case, but this wonderfully curious offense has long been the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich liter- ature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any evidence to support the assertions. This Article summarizes the results of an empirical study designed to test the competing theories of blackmail to see which best accords with pre- vailing sentiment. Using a variety of scenarios designed to isolate and test the various criteria different theorists have put forth as “the” key to blackmail, this study reveals which (if any) of the various theories of blackmail proposed to date truly reflects laypeople’s moral judgment. Blackmail is not only a common subject of scholarly theorizing but also a common object of criminal prohibition. Every American jurisdiction criminalizes blackmail, although there is considerable variation in its formulation. The Article reviews the American statutes and describes the three general approaches these provisions reflect. -
The Unnecessary Crime of Conspiracy
California Law Review VOL. 61 SEPTEMBER 1973 No. 5 The Unnecessary Crime of Conspiracy Phillip E. Johnson* The literature on the subject of criminal conspiracy reflects a sort of rough consensus. Conspiracy, it is generally said, is a necessary doctrine in some respects, but also one that is overbroad and invites abuse. Conspiracy has been thought to be necessary for one or both of two reasons. First, it is said that a separate offense of conspiracy is useful to supplement the generally restrictive law of attempts. Plot- ters who are arrested before they can carry out their dangerous schemes may be convicted of conspiracy even though they did not go far enough towards completion of their criminal plan to be guilty of attempt.' Second, conspiracy is said to be a vital legal weapon in the prosecu- tion of "organized crime," however defined.' As Mr. Justice Jackson put it, "the basic conspiracy principle has some place in modem crimi- nal law, because to unite, back of a criniinal purpose, the strength, op- Professor of Law, University of California, Berkeley. A.B., Harvard Uni- versity, 1961; J.D., University of Chicago, 1965. 1. The most cogent statement of this point is in Note, 14 U. OF TORONTO FACULTY OF LAW REv. 56, 61-62 (1956): "Since we are fettered by an unrealistic law of criminal attempts, overbalanced in favour of external acts, awaiting the lit match or the cocked and aimed pistol, the law of criminal conspiracy has been em- ployed to fill the gap." See also MODEL PENAL CODE § 5.03, Comment at 96-97 (Tent. -
Evaluation of Users' Knowledge and Concerns of Biometric Passport
data Article Evaluation of Users’ Knowledge and Concerns of Biometric Passport Systems Taban Habibu 1,* , Edith Talina Luhanga 1 and Anael Elikana Sam 2 1 Department of Applied Mathematics and Computational Sciences (AMCS), Nelson Mandela African Institution of Science and Technology (NM-AIST), 447 Arusha, Tanzania; [email protected] 2 Department of Communication Science and Engineering (CoSE), Nelson Mandela African Institution of Science and Technology (NM-AIST), 447 Arusha, Tanzania; [email protected] * Correspondence: [email protected]; Tel.: +255-684765277 Received: 21 March 2019; Accepted: 23 April 2019; Published: 29 April 2019 Abstract: The increase in terrorism and identity fraud has forced governments worldwide to make a combined effort to enhance the security of national borders. Biometric passports are the emergent identity travel document deployed in guaranteeing the safekeeping of the entry point of the border and limiting the usage of counterfeit documents. This study analyzes users’ concerns and threats to the biometric passport delivery system in Uganda, where the first biometric passports are planned for rollout in 2019. We used a mixed approach to compute and articulate the results. Factors impacting fear of technology like disclosure of personal data, improper data transmission, and data abuse were determined. Relevance knowledge of preferred technology such as the personal experience of the technology, data privacy awareness and perceived usefulness was confirmed. Threats and attacks on the technology such as counterfeit and brute-force were identified. It is important for policymakers and security expertise to understand that biometric technologies evoke fears of privacy and public liberties infringements. -
CRIMINAL ATTEMPTS at COMMON LAW Edwin R
[Vol. 102 CRIMINAL ATTEMPTS AT COMMON LAW Edwin R. Keedy t GENERAL PRINCIPLES Much has been written on the law of attempts to commit crimes 1 and much more will be written for this is one of the most interesting and difficult problems of the criminal law.2 In many discussions of criminal attempts decisions dealing with common law attempts, stat- utory attempts and aggravated assaults, such as assaults with intent to murder or to rob, are grouped indiscriminately. Since the defini- tions of statutory attempts frequently differ from the common law concepts,8 and since the meanings of assault differ widely,4 it is be- "Professor of Law Emeritus, University of Pennsylvania. 1. See Beale, Criminal Attempts, 16 HARv. L. REv. 491 (1903); Hoyles, The Essentials of Crime, 46 CAN. L.J. 393, 404 (1910) ; Cook, Act, Intention and Motive in the Criminal Law, 26 YALE L.J. 645 (1917) ; Sayre, Criminal Attempts, 41 HARv. L. REv. 821 (1928) ; Tulin, The Role of Penalties in the Criminal Law, 37 YALE L.J. 1048 (1928) ; Arnold, Criminal Attempts-The Rise and Fall of an Abstraction, 40 YALE L.J. 53 (1930); Curran, Criminal and Non-Criminal Attempts, 19 GEo. L.J. 185, 316 (1931); Strahorn, The Effect of Impossibility on Criminal Attempts, 78 U. OF PA. L. Rtv. 962 (1930); Derby, Criminal Attempt-A Discussion of Some New York Cases, 9 N.Y.U.L.Q. REv. 464 (1932); Turner, Attempts to Commit Crimes, 5 CA=. L.J. 230 (1934) ; Skilton, The Mental Element in a Criminal Attempt, 3 U. -
Detecting Forgery: Forensic Investigation of Documents
University of Kentucky UKnowledge Legal Studies Social and Behavioral Studies 1996 Detecting Forgery: Forensic Investigation of Documents Joe Nickell University of Kentucky Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Nickell, Joe, "Detecting Forgery: Forensic Investigation of Documents" (1996). Legal Studies. 1. https://uknowledge.uky.edu/upk_legal_studies/1 Detecting Forgery Forensic Investigation of DOCUlllen ts .~. JOE NICKELL THE UNIVERSITY PRESS OF KENTUCKY Publication of this volume was made possible in part by a grant from the National Endowment for the Humanities. Copyright © 1996 byThe Universiry Press of Kentucky Paperback edition 2005 The Universiry Press of Kentucky Scholarly publisher for the Commonwealth, serving Bellarmine Universiry, Berea College, Centre College of Kentucky, Eastern Kentucky Universiry, The Filson Historical Sociery, Georgetown College, Kentucky Historical Sociery, Kentucky State University, Morehead State Universiry, Transylvania Universiry, University of Kentucky, Universiry of Louisville, and Western Kentucky Universiry. All rights reserved. Editorial and Sales qtJices:The Universiry Press of Kentucky 663 South Limestone Street, Lexington, Kentucky 40508-4008 www.kentuckypress.com The Library of Congress has cataloged the hardcover edition as follows: Nickell,Joe. Detecting forgery : forensic investigation of documents I Joe Nickell. p. cm. ISBN 0-8131-1953-7 (alk. paper) 1. Writing-Identification. 2. Signatures (Writing). 3. -
Crime Prevention Division, Portland Police Bureau FACT and FICTION About Crime in Oregon August, 1979
If you have. \ issues viewing or accessing this file contact us at NCJRS.gov. - -• / FACT AriD FICTION ABOUTCAIME IN OREGON '( \ PAI:PAAED BY TI1E OREGON LAW EnFORCEMErtT COUrtCIL • ------ - -- - ----- Cover design by Steve Minnick, Graphics Illustrator Crime Prevention Division, Portland Police Bureau FACT AND FICTION About Crime in Oregon August, 1979 Victor R. Atiyeh Governor "lames Brown Keith A. Stubblefield Chairman Administrator This study was supported in part by grants from the Law Enforcement Assistance Administration of the U.S. Department of Justice and the Mid-Willamette Valley Manpower Consortium. Point~ of view or opinions stated are those of the author and do not necessarily represent the official position of the U.S. Department of Justice. ---------- ------- ACKNOWLEDGEMENTS The authors of this report are: Annie Monk Pamela Erickson Gervais Administrative Assistant and Planning and Data Analysis P1annlng and Data Analysis Unit Unit Supervisor Sincere appreciation is extended to all those whose valuable suggestions and information contributed greatly to this publication: Bob Watson, Administrator - Oregon Corrections Division Steve Cleveland, Chief Planner - Mid Wi11amette Valley COG Bill Cogswell, Chairman and Ira Blalock, Member - State Board of Parole Craig Van and Marcelle Robinson - Hillcrest School of Oregon Jeff Barnes, Director - Regional Automated Information Network Chuck Foster, Inst'~uctor - Chemeketa Conmunity College Jerry Winter, Deputy Administr'ator - Trial Court Services Cal Steward, School Liaison - Salem Police Department Lt. Tom Potter, Crime Prevention Division - Portland Police Bureau Wendy Gordon, Host/Producer - Mid-Morning, KOIN-TV Lt. Penny Orazettl, Planning & Research - Portland Police Bureau Chief Ro11ie Pean - Coos Bay Police Department Judge Irving Steinbock - Multnomah County Circuit Court Chief Jim Jones - Ontario Police Department Sheriff Jim Heenan - Marion County Sheriff's Office Karel Hyer, Academy Programs Chief - Board on Police Standards and Training Benjamin H. -
Tackling Counterfeit with ISO and IEC Standards
counterfeit Tackling counterfeit with IEC and ISO standards Tackling counterfeit with IEC and ISO standards In Roman times it was wine, in mediaeval times it was textiles and weapons, today it is everything from personal computers to potency pills. Counterfeit goods are nothing new, but with globalization, the Internet and increased movement of goods, the fakes business is booming. The global value of counterfeit goods was estimated as being worth between USD 923 billion and USD 1.13 trillion in 2016 alone 1), costing millions of jobs and funding further abuses such as corruption and violence. Counterfeit affects virtually every country in the world, fuels illegal activities and harms you and your family. Aircraft, automotive parts, medicines, toys, electronic equipment, clothing and foodstuffs are just some of the products tarnished by the counterfeit industry. IEC and ISO have dedicated committees working on standards and solutions to help combat counterfeit and provide increased confidence to consumers. These include standards that test for authenticity, provide guidelines to measure the competency of testing laboratories and provide quality and minimum safety guidelines. For electric and electronic goods, the IEC offers testing and certifica- tion services that assist in quality and supply chain management, ensuring that suppliers deliver authentic parts and end products are safe to use. 1) Global Financial Integrity Tackling counterfeit with IEC and ISO standards – 1 What exactly are counterfeit goods ? The World Trade Organization (WTO) defines product counterfeiting as the “ unauthorized representation of a registered trademark carried on goods identical or similar to goods for which the trademark is registered, with a view to deceiving the purchaser into believing that he/she is buying the origi- nal goods ”. -
The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations
Florida State University Law Review Volume 34 Issue 2 Article 10 2007 International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations Maureen Walterbach [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Maureen Walterbach, International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations, 34 Fla. St. U. L. Rev. (2007) . https://ir.law.fsu.edu/lr/vol34/iss2/10 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW INTERNATIONAL ILLICIT CONVERGENCE: THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS' INVOLVMENT IN INTELLECTUAL PROPERTY RIGHTS VIOLATIONS Maureen Walterbach VOLUME 34 WINTER 2007 NUMBER 2 Recommended citation: Maureen Walterbach, International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvment in Intellectual Property Rights Violations, 34 FLA. ST. U. L. REV. 591 (2007). INTERNATIONAL ILLICIT CONVERGENCE: THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS’ INVOLVEMENT IN INTELLECTUAL PROPERTY RIGHTS VIOLATIONS MAUREEN WALTERBACH* I. THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS -
Countering Counterfeits
Countering Counterfeits: The Real Threat of Fake Products How Fake Products Harm Manufacturers, Consumers and Public Health—and How to Solve This Problem Amid an unprecedented global health crisis, manufacturers have stepped up and taken the lead, working together and with national, state and local governments to fight the spread of COVID-19. Manufacturers deliver day-to-day necessities, lifesaving medical innovations and products that improve people’s lives in countless ways. While the pandemic has demonstrated anew the importance of American innovation and ingenuity, it has also revealed a serious threat: counterfeit products that put lives and livelihoods at risk. Counterfeiting is not a new problem; it has harmed manufacturers, American workers and consumers for years. But the problem is getting worse, and the COVID-19 pandemic has shown just how dangerous inaction can be. As part of the nation’s critical response effort, manufacturers have been supplying health care workers and other Americans on the front lines of this crisis with vital goods, including personal protective equipment, hospital beds, ventilators, hand sanitizers, cleaning supplies and other critical health care and safety products. But while manufacturing men and women work long hours to ramp up production of desperately needed products to fight the spread of this deadly illness, counterfeiters have exploited the crisis to peddle fake tests, dangerous vaccines and ineffective protective gear. These counterfeits are harming American citizens and hindering manufacturers’ efforts to protect their workers and communities. The prevalence of counterfeits in the COVID-19 response has brought new urgency to this long-simmering issue. So the National Association of Manufacturers is leading the charge against fake and counterfeit goods, bringing together diverse stakeholders and driving innovative policy solutions to address these issues once and for all and to ensure the long-term success of our sector and the safety and security of the people who rely on our products.