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Implied Consent Refusal Impact
L1 U.S. Department of Transportation National Highway Traffic Safety Administration * DOT HS 807 765 September 1991 Final Report Implied Consent Refusal Impact This document is available to the public from the National Technical Information Service, Springfield, Virginia 22161. * t The United States Government does not endorse products or manufactures. Trade or manufacturer's names appear only because they are considered essential to the object of this report. 0 Technical Report Documentation Page 1. Report No. 2. Government Accessiar No. 3. Recipient's Catalog No. DOT HS 807 765 4. Title end Subtitle S. Report Date September 1991 Implied Consent Refusal Impact 6. Per(onting Orgonization Code .t 0. Performing Organization Report No. 7. Author's) Ralph K. Jones, Hans C. Joksch, Connie H. Wiliszowski 9. Performing Organization Name and Address 10. Work Unit No. (TRAIS) Mid-America Research Institute , Inc . 11. Contract or Grant No. Winchester, Massachusetts 01890 DTNH22-89-C-07008 13. Type of Report and Period Covered 12. Sponsoring Agency Nose and Address Final Report U.S. Department of Transportation May 1989 - July 1991 National H i ghway Traffic Safety Administration 14. Sponsoring Agency Code Washington, D.C. 20590 15. Supplementary Notes 16. Abstract Examines the extent to which persons suspected of DWI refuse to take a chemical test as required by law. Describes implied consent laws in 50 states, analyzes the relation of law features to refusal rate, and analyzes the characteristics of test refusers in four states. Concludes that there is a potential test-refusal problem in the U.S. to the extent that 2% to 71% of drivers arrested for DWI in 1987 refused to take a chemical test. -
Crimes Act 2016
REPUBLIC OF NAURU Crimes Act 2016 ______________________________ Act No. 18 of 2016 ______________________________ TABLE OF PROVISIONS PART 1 – PRELIMINARY ....................................................................................................... 1 1 Short title .................................................................................................... 1 2 Commencement ......................................................................................... 1 3 Application ................................................................................................. 1 4 Codification ................................................................................................ 1 5 Standard geographical jurisdiction ............................................................. 2 6 Extraterritorial jurisdiction—ship or aircraft outside Nauru ......................... 2 7 Extraterritorial jurisdiction—transnational crime ......................................... 4 PART 2 – INTERPRETATION ................................................................................................ 6 8 Definitions .................................................................................................. 6 9 Definition of consent ................................................................................ 13 PART 3 – PRINCIPLES OF CRIMINAL RESPONSIBILITY ................................................. 14 DIVISION 3.1 – PURPOSE AND APPLICATION ................................................................. 14 10 Purpose -
School Principals and New York Times: Ohio's Narrow Reading of Who Is a Public Official Or Public Figure
Cleveland State Law Review Volume 48 Issue 1 Symposium: Re-Orienting Law and Article 16 Sexuality 2000 School Principals and New York Times: Ohio's Narrow Reading of Who Is a Public Official or Public Figure Andrew L. Turscak Jr. Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the First Amendment Commons, and the Torts Commons How does access to this work benefit ou?y Let us know! Recommended Citation Note, School Principals and New York Times: Ohio's Narrow Reading of Who Is a Public Official or Public Figure, 48 Clev. St. L. Rev. 169 (2000) This Note is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. SCHOOL PRINCIPALS AND NEW YORK TIMES: OHIO’S NARROW READING OF WHO IS A PUBLIC OFFICIAL OR PUBLIC FIGURE I. INTRODUCTION .................................................................... 169 II. THE NEW YORK TIMES RULE .............................................. 170 A. Who is a Public Official?............................................. 172 B. Who is a Public Figure?.............................................. 174 III. EAST CANTON EDUCATION ASSOCIATION V. MCINTOSH..... 175 A. Background.................................................................. 175 B. Procedural History ...................................................... 176 IV. IS A SCHOOL PRINCIPAL A PUBLIC OFFICIAL -
Victoria Police Force
If you have issues viewing or accessing this file contact us at NCJRS.gov. -----~~. -------~ ., .-., )\ '.;.. I t· (J ;f// '. ~\ i:.· .. Ii' ::1)" ,1-,';'" \. .ti} r.? ~, : .. j",C::::i r[. o "1 ~ . I o .~ '\ o 1I .-v,. \ 'i~.. , I\' " '; o l~ I ,zl ." I ·t• r? /I. :/ ,"; o ... 1: --- -~--~~----::-- --"... ··~,-,-.-·"~ ... ·l'~""-,.v.~ -. ::1{-~'~'"':~:':~""""----"" ~ .. < ~~, - - ~ 'l • ,~-'-'-"-----<+.-~-~~'~"' "I) VICTORIA t " POLICE ANNUAL I'· J( REPORT .~, 1981 ) '. (,I C .. U.S. Department 01 Justice 86657 National Institute of Justice This document has been exactly from the reproduc~d af~;eceived \ .\ person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or polic).es of the National Institute of i 11 i Justice. I Permissioh to reproduce this copyrighted material has been ! granted by (. ! <I I. Victoria Police Department i I I to the National Criminal Justice Reference Service (NCJRS). f,p I Further reproduction outside of the NCJRS system requires permis sion of the copyright owner, I i " ~',) ~ a ,-- -- ~ __~F""-'-- - ~- ~-- -~- -- VICTORIA r , I ,I . i Report and Financial Statement of the VICTORIA POLICE FORCE for the Year ended 31 Decenlber 1981 Ordered by the Legislative Assembly to be printed ", ,.,.d ..' , .' : ' . , \ , \ ACQUISHTnONS '. MELBOURNE F D ATKINSON GOVERNMENT PRINTER 1982 No. 22 Preceding I a . page blank 10 f t f " ... The Hon. C.R. T. Mathews, M.P., Minister for Police and Emergency Services, Parliament House, MELBOURNE Dear Minister, I have pleasure in submitting to you, for the information of Parlia ment, the Annual Report and Statement of Accounts for the year ended 31st December, 1981. -
'Ite Offences Against the Person
OFFENCES AGAINST THE PERSON ’ITE OFFENCES AGAINST THE PERSON ACT ARRANGEMENT OF SECTIONS 1. short title. Homicide 2. Capitall murders. 3. Sentence of death. Sentence of death not to be passed on pregnant mmm. Procedure where woman convicted of capital offence alleges she is pregnant. 3~.Life imprisonment for non-capital murder. 3~.Provisions as to procedure and regarding repulted and multiple murders. 3c. Proyisions as to appeab in relation to repeated and multiple murders. 3~.Provisions as to procedure regarding two or more murders tried together. 4. Abolition of ‘‘ms~~emalice’’. 5. Persons suffering from diminished responsibility. 6. Provocation. 7. suicide pact. 8. Conspiring or soliciting to commit murder. 9. Manslaughter. 10. Exasable homicide. 11. Petit tnasm. 12. Provision for trial of certain cases of murder or manslaryhtcr. Attempts to Murder 13. Administering poison, or wounding with intent to murder. 14. Destroying or damaging building with intent to murder. 15. Setting 6re to ship, etc., with intent to murder. 16. Attempting to administer poison, etc.. with intent to murder. 17. By other means attempting to commit murder. htters Threatening to Murder 18. Letters threatening to murder. [The inclusion of thiu page is authorized by L.N. 42/1995] OFFENCES A CAINST THE PERSON Acts Causing or Tending to Cause Donger to rife, or Bodily Harm 19. Preventing person endeavouring to save his life in shipwreck. 20. Shooting or attempting to shoot or wounding with intent to do grievous bodily harm. 21. What shall be deemed loaded arms. 22. Unlawful wounding. 23. Attempting to choke, etc., in order to commit indictable offence. -
1 the Corporate Agent in Criminal
1 THE CORPORATE AGENT IN CRIMINAL LAW – AN ARGUMENT FOR COMPREHENSIVE IDENTIFICATION MARK DSOUZA* The doctrine of identification is often used to explain how corporations can commit criminal offences in their own right. Courts identify the natural persons who can be said to personify the corporation, and attribute their conduct and mental states to the corporation. However, current versions of the doctrine of identification suffer from several well-documented shortcomings. This paper sets out, and gives serious consideration to, a reformulated version of the identification doctrine that has the potential to addresses many of these shortcomings. In Section I, I explain how the doctrine of identification promotes the sociological legitimacy of corporate criminal law by allowing it to piggyback on the sociological legitimacy of the criminal law as it applies to natural persons. Next, in Section II, I describe the existing versions of the doctrine of identification, and the problems with them. In Section III, I argue that because the various alternatives to the identification doctrine might tend to undermine the sociological legitimacy of corporate criminal law, a suitably reformulated rule of identification would be preferable to abandoning identification altogether. Section IV describes such a reformulation, viz. comprehensive identification (CI). CI would attribute to corporations both the actions, and the mental states, of each of its employees acting in the course of their employment, that is to say, within the scope of their real or ostensible authority. While it would vastly expand the scope of corporate criminal liability, I demonstrate that it would also correct or ameliorate many of the problems that existing versions of the identification doctrine generate. -
Corporate Manslaughter Statistics
Disclosure Ref: 6 Corporate manslaughter statistics Freedom of Information Act 2000 Request Request. Could you please provide me with: 1. The number of charges brought for corporate manslaughter each year since the introduction of the Act. 2. The names of all organisations charged with corporate manslaughter. 3. Whether charges were also brought under Health and Safety legislation against any of the organisation. If charges were initially brought and then dropped, please confirm this if possible. 4. Whether charges were also brought against Directors or employees of the organisation under either health and safety legislation or for common law manslaughter. If charges were initially brought and then dropped, please confirm this if possible. 5. The outcome of the cases (and the year of the outcome). 6. The sentences in the successful prosecutions. 7. Whether the case has been reported or not. Response The offence of corporate manslaughter (and in Scotland, corporate homicide) was introduced by the Corporate Manslaughter and Corporate Homicide Act 2007. By definition, a charge of corporate manslaughter can only be brought against an organisation (which includes government departments and crown bodies). The 2007 Act effectively absolved organisations of liability for the offence of common law manslaughter; however, individual employees can still be charged with gross negligence manslaughter. Individual employees (and organisation) can similarly be charged over the same underlying incidents leading to the death under the Health and Safety at Work Act 1974. Number of charges brought You have asked for “The number of charges brought for corporate manslaughter each year since the introduction of the Act” (q. -
Criminal Assault Includes Both a Specific Intent to Commit a Battery, and a Battery That Is Otherwise Unprivileged Committed with Only General Intent
QUESTION 5 Don has owned Don's Market in the central city for twelve years. He has been robbed and burglarized ten times in the past ten months. The police have never arrested anyone. At a neighborhood crime prevention meeting, apolice officer told Don of the state's new "shoot the burglar" law. That law reads: Any citizen may defend his or her place of residence against intrusion by a burglar, or other felon, by the use of deadly force. Don moved a cot and a hot plate into the back of the Market and began sleeping there, with a shotgun at the ready. After several weeks of waiting, one night Don heard noises. When he went to the door, he saw several young men running away. It then dawned on him that, even with the shotgun, he might be in a precarious position. He would likely only get one shot and any burglars would get the next ones. With this in mind, he loaded the shotgun and fastened it to the counter, facing the front door. He attached a string to the trigger so that the gun would fire when the door was opened. Next, thinking that when burglars enter it would be better if they damaged as little as possible, he unlocked the front door. He then went out the back window and down the block to sleep at his girlfriend's, where he had been staying for most of the past year. That same night a police officer, making his rounds, tried the door of the Market, found it open, poked his head in, and was severely wounded by the blast. -
Conspiracy and Attempts Consultation
The Law Commission Consultation Paper No 183 CONSPIRACY AND ATTEMPTS A Consultation Paper The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Etherton, Chairman Mr Stuart Bridge Mr David Hertzell Professor Jeremy Horder Kenneth Parker QC Professor Martin Partington CBE is Special Consultant to the Law Commission responsible for housing law reform. The Chief Executive of the Law Commission is Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This consultation paper, completed on 17 September 2007, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on its proposals before 31 January 2008. Comments may be sent either – By post to: David Hughes Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1212 Fax: 020-7453-1297 By email to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format. We will treat all responses as public documents in accordance with the Freedom of Information Act and we will include a list of all respondents' names in any final report we publish. Those who wish to submit a confidential response should contact the Commission before sending the response. We will disregard automatic confidentiality disclaimers generated by an IT system. -
~. Provocation As a Defence to Murder
If you have issues viewing or accessing this file contact us at NCJRS.gov. LAW REFORM COMMISSIONER VICTORIA , r Working Paper No.6 : - I ~. PROVOCATION AS A DEFENCE "~I TO MURDER MELBOURNE 1979 '. NCJf:'~~S SEP 261979 ACQUISITIONS, LAW REFORM COMMISSIONER I VICTORIA . " ! . , ". ~. I :'! .~, . ' .. " \ .. ' , Working Paper No.6 _} " ",!, I .. 1:. : . : ~ , PROVOCATION AS A DEFENCE TO MUR'D'ER MELBOURNE 1979 / Views expressed in this Working Paper are provisional only and such suggestions as are made are tentative. Comment and criticism are invited and it would be greatly appreciated if these could be forwarded before 1st October, 1979. Law Reform Commissioner 155 Queen Street, Melbourne, Vic. 3000. I CONTENTS Paragraph Page Introduction 1 5 What is Provocation? 4 S 19th Century Views 5 6 The Emergence of "The Reasonable Man" and "The Ordinary Man" 9 7 "The Ordinary Man" in Legislation 13 9 "The Reasonable Man" and the Common Law 18 11 The Case of Holmes 20 11 More of "The Reasonable Person" 28 13 Legislative Change 32 15 The New Zealand Crimes Act 1961 37 16 The New Zealand Case 38 16 Victoria Today 41 18 Ever the Problem of "The Ordinary Man" 59 23 A Climate of Reform 64 24 (a) Eire 64 24 (b) England 65 24 (c) U.S.A.- The Model Penal Code . 68 25 (d) South Australia 72 26 Reform for Victoria 76 27 References 31 3 WORKING PAPER No.6 PROVOCATION AS A DEFENCE TO MURDER. Introduction 1. By letter dated the 13th day of March, 1979 The Honourable the Attorney-General acting pursuant to section 8 (b) of the Law Reform Act 1973 referred to the Law Reform Commissioner the following reference:- "To investigate and report upon the necessity for reform of the law relating to provocation as a defence to a charge of murder." 2. -
Grievous Bodily Harm – Provocation and Self Defence
Grievous bodily harm – provocation and self defence Date: Monday May 10, 2021 . A common criminal charge resulting from a physical altercation is ‘grievous bodily harm’ (often referred to as GBH). Many grievous body harm charges arise out of a fight scenario (often involving alcohol) – there is a verbal exchange, then a scuffle, before someone punches or kicks the other, causing serious injury. If you are the person who delivers the ‘final hit’, can you defend the charge? The law does not expect citizens to be passive when their safety is threatened by someone else. Sometimes an attacker may come off second best but it does not necessarily follow that the one who wins the fight has committed the crime. What is grievous bodily harm? Legally, the term ‘grievous bodily harm’ means an injury that causes: •the loss of a distinct part or an organ of the body; or •serious disfigurement; or •any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health. Options for the defence of self-defence The most common defence to grievous bodily harm charges is that of self-defence. The law relating to self-defence in the context of grievous bodily harm is split into two categories: 1. Self defence to an unprovoked assault; and 2. Self defence to a provoked assault. What is a provoked assault? A provoked assault involves an insult or act of such a nature to be likely to deprive an ordinary person of the power of self-control, and induce them to assault the person who insulted them. -
CRIMINAL CONSPIRACY: the STATE of MIND CRIME-INTENT, PROVING INTENT, and ANTI-FEDERAL Intentt
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 1976 Criminal Conspiracy: The tS ate of Mind Crime - Intent, Proving Intent, Anti-Federal Intent Paul Marcus William & Mary Law School, [email protected] Repository Citation Marcus, Paul, "Criminal Conspiracy: The tS ate of Mind Crime - Intent, Proving Intent, Anti-Federal Intent" (1976). Faculty Publications. 557. https://scholarship.law.wm.edu/facpubs/557 Copyright c 1976 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs CRIMINAL CONSPIRACY: THE STATE OF MIND CRIME-INTENT, PROVING INTENT, AND ANTI-FEDERAL INTENTt Paul Marcus* I. INTRODUCTION The crime of conspiracy, unlike other substantive or inchoate crimes, deals almost exclusively with the state of mind of the defendant. Although a person may simply contemplate committing a crime without violating the law, the contemplation becomes unlawful if the same criminal thought is incorporated in an agreement. The state of mind element of conspiracy, however, is not concerned entirely with this agreement. As Dean Harno properly remarked 35 years ago, "The conspiracy consists not merely in the agreement of two or more but in their intention."1 That is, in their agreement the parties not only must understand that they are uniting to commit a crime, but they also must desire to complete that crime as the result of their combination. Criminal conspiracy, therefore, involves two distinct states of mind. The first state of mind prompts the conspirators to reach an agreement; the second relates to the crime that is the object of the agreement.