Criminal Law Overview
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One Hundred Fifteenth Congress of the United States of America
S. 2896 One Hundred Fifteenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen An Act To require disclosure by lobbyists of convictions for bribery, extortion, embezzlement, illegal kickbacks, tax evasion, fraud, conflicts of interest, making false statements, perjury, or money laundering. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Justice Against Corruption on K Street Act of 2018’’ or the ‘‘JACK Act’’. SEC. 2. DISCLOSURE OF CORRUPT MALPRACTICE BY LOBBYISTS. (a) REGISTRATION.—Section 4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended— (1) in paragraph (5), by striking ‘‘and’’ at the end; (2) in paragraph (6), by striking the period at the end and inserting ‘‘; and’’; and (3) by inserting after paragraph (6) the following: ‘‘(7) for any listed lobbyist who was convicted in a Federal or State court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laun- dering, the date of the conviction and a description of the offense.’’. (b) QUARTERLY REPORTS.—Section 5(b) of the Lobbying Disclo- sure Act of 1995 (2 U.S.C. 1604(b)) is amended— (1) in paragraph (4), by striking ‘‘and’’ at the end; (2) in paragraph (5), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(6) for any listed lobbyist who was convicted in a Federal or State court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict S. -
Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
Fraud and Investigation Policy KEYWORDS: Fraud, Investigation, Fraudulent, Cheat, Cheating, Swindling, Embezzlement, Deceit
Fraud and Investigation Policy KEYWORDS: Fraud, investigation, fraudulent, cheat, cheating, swindling, embezzlement, deceit, deception, swindler. PURPOSE: Depending on the circumstances, investigations may be conducted by the Security, Corporate Compliance and/or Legal Department. These investigations provide a sound foundation for the protection of the innocent, the removal of wrong-doers from the ranks of St. Joseph's Healthcare System, appropriate judicial action when warranted and the basis for filing bond and insurance claims. SCOPE: All St. Joseph's Healthcare System Facilities. LEGAL/REGULATORY CITES: N/A DEFINITIONS: Wrongful or criminal deception intended to result in person gain. Policy The Corporate Compliance and Security Departments have been directed to make themselves available and receptive to receiving relevant information concerning any situation involving possible impropriety matters pertaining to the operations of St. Joseph’s Healthcare System. Employees are expected to contact members of the Corporate Compliance Department through the Compliance Hotline (973-754-2017) or e-mail ([email protected]) to report potential ethical or legal concerns, possible breaches of patient privacy and confidentiality or fraudulent activities. Procedure Upon being notified of a potentially fraudulent activity, the Corporate Compliance Department will notify, as appropriate, legal counsel, administrative personnel and Security. If the notification is through the Compliance Hotline reporting system, the date, nature and name of the informant (if known) will be logged in the Corporate Compliance Hotline Log. The following investigative procedures will be followed: 1. No investigative techniques verging on illegal activities will be used (e.g. recording, photography devices). 2. All interviews and interrogations will be conducted in such a manner as not to discredit persons being interviewed, and will be conducted by two persons charged with investigative responsibilities. -
Towards Chinese Calligraphy Zhuzhong Qian
Macalester International Volume 18 Chinese Worlds: Multiple Temporalities Article 12 and Transformations Spring 2007 Towards Chinese Calligraphy Zhuzhong Qian Desheng Fang Follow this and additional works at: http://digitalcommons.macalester.edu/macintl Recommended Citation Qian, Zhuzhong and Fang, Desheng (2007) "Towards Chinese Calligraphy," Macalester International: Vol. 18, Article 12. Available at: http://digitalcommons.macalester.edu/macintl/vol18/iss1/12 This Article is brought to you for free and open access by the Institute for Global Citizenship at DigitalCommons@Macalester College. It has been accepted for inclusion in Macalester International by an authorized administrator of DigitalCommons@Macalester College. For more information, please contact [email protected]. Towards Chinese Calligraphy Qian Zhuzhong and Fang Desheng I. History of Chinese Calligraphy: A Brief Overview Chinese calligraphy, like script itself, began with hieroglyphs and, over time, has developed various styles and schools, constituting an important part of the national cultural heritage. Chinese scripts are generally divided into five categories: Seal script, Clerical (or Official) script, Regular script, Running script, and Cursive script. What follows is a brief introduction of the evolution of Chinese calligraphy. A. From Prehistory to Xia Dynasty (ca. 16 century B.C.) The art of calligraphy began with the creation of Chinese characters. Without modern technology in ancient times, “Sound couldn’t travel to another place and couldn’t remain, so writings came into being to act as the track of meaning and sound.”1 However, instead of characters, the first calligraphy works were picture-like symbols. These symbols first appeared on ceramic vessels and only showed ambiguous con- cepts without clear meanings. -
Crime, Law Enforcement, and Punishment
Shirley Papers 48 Research Materials, Crime Series Inventory Box Folder Folder Title Research Materials Crime, Law Enforcement, and Punishment Capital Punishment 152 1 Newspaper clippings, 1951-1988 2 Newspaper clippings, 1891-1938 3 Newspaper clippings, 1990-1993 4 Newspaper clippings, 1994 5 Newspaper clippings, 1995 6 Newspaper clippings, 1996 7 Newspaper clippings, 1997 153 1 Newspaper clippings, 1998 2 Newspaper clippings, 1999 3 Newspaper clippings, 2000 4 Newspaper clippings, 2001-2002 Crime Cases Arizona 154 1 Cochise County 2 Coconino County 3 Gila County 4 Graham County 5-7 Maricopa County 8 Mohave County 9 Navajo County 10 Pima County 11 Pinal County 12 Santa Cruz County 13 Yavapai County 14 Yuma County Arkansas 155 1 Arkansas County 2 Ashley County 3 Baxter County 4 Benton County 5 Boone County 6 Calhoun County 7 Carroll County 8 Clark County 9 Clay County 10 Cleveland County 11 Columbia County 12 Conway County 13 Craighead County 14 Crawford County 15 Crittendon County 16 Cross County 17 Dallas County 18 Faulkner County 19 Franklin County Shirley Papers 49 Research Materials, Crime Series Inventory Box Folder Folder Title 20 Fulton County 21 Garland County 22 Grant County 23 Greene County 24 Hot Springs County 25 Howard County 26 Independence County 27 Izard County 28 Jackson County 29 Jefferson County 30 Johnson County 31 Lafayette County 32 Lincoln County 33 Little River County 34 Logan County 35 Lonoke County 36 Madison County 37 Marion County 156 1 Miller County 2 Mississippi County 3 Monroe County 4 Montgomery County -
Sufficiency of Provocation for Voluntary Manslaughter in New Mexico: Problems in Theory and Practice Leo M
Volume 12 Issue 2 Summer 1982 Spring 1982 Sufficiency of oPr vocation for Voluntary Manslaughter in New Mexico: Problems in Theory and Practice Leo M. Romero Recommended Citation Leo M. Romero, Sufficiency of oPr vocation for Voluntary Manslaughter in New Mexico: Problems in Theory and Practice, 12 N.M. L. Rev. 747 (1982). Available at: https://digitalrepository.unm.edu/nmlr/vol12/iss2/5 This Article is brought to you for free and open access by The University of New Mexico School of Law. For more information, please visit the New Mexico Law Review website: www.lawschool.unm.edu/nmlr SUFFICIENCY OF PROVOCATION FOR VOLUNTARY MANSLAUGHTER IN NEW MEXICO: PROBLEMS IN THEORY AND PRACTICE LEO M. ROMERO* I. INTRODUCTION Jury instructions for the crime of voluntary manslaughter have become an important issue for New Mexico appellate courts.' Recent cases pre- sented the issue of what evidentiary showing at trial is necessary to require the uniform jury instruction on voluntary manslaughter. The answers the courts supplied show differing approaches to the problem and suggest the need to reexamine the function of voluntary manslaughter in the homicide law of New Mexico. This article will examine the standard used by recent cases to determine whether instructions on voluntary manslaughter should be presented to the jury in a murder prosecution and the application of this standard to evidence presented in each case. II. BACKGROUND Cases concerned with the relationship between murder and manslaugh- ter present significant and recurring issues in the criminal law of New Mexico. Before analyzing these issues, it is important to set forth the position of voluntary manslaughter in New Mexico homicide law, as it is understood in theory and used in practice. -
The Larceny Act
LARCENY THE LARCENY ACT ARRANGEMENT OF SECTIONS 1. Short title. PART I. Inferprefafion 2. Interpretation. 3. Definitions. 4. Offensive weapons. PART 11. Indictable Ofences 5. Simple larceny. 6. Larceny of cattle. 7. Killing animals with intent to steal. S. Larceny, etc., of dogs. 9. Larceny of wills. 10. Larceny of documents of title to land, etc. 11. Taking, destroying, etc., documents for a fraudulent purpose. 12. Damaging fixtures with intent to steal. 13. Praedial larceny. 14. Larceny of goods in process of manufxture. 15. Abstracting electricity. 16. Larceny, etc., of ore from mines, etc. 17. Larceny of postal articles. 18. Larceny in dwelling-houses. 19. Larceny from the person. 20. Larceny from ships, docks, etc. 2 1. Larceny by tenants or lodgers. 22. Larceny and embezzlement by clerks or servants. 23. Stealing or embezzlement by officer of Post Office. 24. Conversion. 25. Conversion by trustee. [The inclusion of this page Is authorized by L.N. 180At20061 LARCENY Factors obtaining advances on the property of their principals. Frauds by director. etc. Fraudulently inducing persons to invest money. Falsification of accounts. Falsification of account books of a bank. etc. Clerks. etc.. making out false dividend warrants. Personating the owner of stock. Personation with intent to obtain land. etc. Falsely acknowledging bail. etc. False pretences. Obtaining credit by fraud. Robbery. Sacrilege. Burglary. House-breaking and committing felony. House-breaking with intent to commit felony. Being found by night armed or in possession of house-breaking implements. Extortion. [Repealed by Act 29 of 200.5.] [Repealed by Act 29 of 2005.1 [Repealed byAct 29 of 2OO5.] Receiving. -
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. -
Criminal Procedure University of the Pacific; Cm George School of Law
McGeorge Law Review Volume 27 | Issue 2 Article 16 1-1-1996 Criminal Procedure University of the Pacific; cM George School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/mlr Part of the Legislation Commons Recommended Citation University of the Pacific; McGeorge School of Law, Criminal Procedure, 27 Pac. L. J. 603 (1996). Available at: https://scholarlycommons.pacific.edu/mlr/vol27/iss2/16 This Greensheet is brought to you for free and open access by the Journals and Law Reviews at Scholarly Commons. It has been accepted for inclusion in McGeorge Law Review by an authorized editor of Scholarly Commons. For more information, please contact [email protected]. Criminal Procedure Criminal Procedure; admissibility of voluntary intoxication Penal Code § 22 (amended). SB 121 (Thompson); 1995 STAT. Ch. 793 Existing law provides that when a specific intent crime' ischarged, evidence of voluntary intoxication2 will be admissible to negate the formation of the required intent? However, when a general intent crime4 is charged, existing law does not allow the admission of voluntary intoxication to negate the formation of the required intent.5 Existing law further provides that voluntary intoxication is not admissible to negate a defendant's capacity to form any requisite mental state.6 Under prior law, voluntary intoxication would be admissible as to whether 1. See People v. Hood, I Cal. 3d 444,457,462 P.2d 370,378, 82 Cal. Rptr. 618,626 (1969) (stating the general rule that a crime is one of specific intent if the definition of the crime requires that the defendant intend to do a further act or achieve an additional result); see also CAL. -
Virginia Model Jury Instructions – Criminal
Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. -
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. -
Torts: Cases and Context Volume One
1 Torts: Cases and Context Volume One Eric E. Johnson Associate Professor of Law University of North Dakota School of Law eLangdell Press 2015 About the Author Eric E. Johnson is an Associate Professor of Law at the University of North Dakota. He has taught torts, intellectual property, sales, entertainment law, media law, sports law, employment law, and writing courses. He has twice been selected by students as the keynote speaker for UND Law’s graduation banquet. His writing on legal pedagogy has appeared in the Journal of Legal Education. With scholarly interests in science and risk, and in intellectual property, Eric’s publications include the Boston University Law Review, the University of Illinois Law Review, and New Scientist magazine. His work was selected for the Yale/Stanford/Harvard Junior Faculty Forum in 2013. Eric’s practice experience includes a wide array of business torts, intellectual property, and contract matters. As a litigation associate at Irell & Manella in Los Angeles, his clients included Paramount, MTV, CBS, Touchstone, and the bankruptcy estate of eToys.com. As in-house counsel at Fox Cable Networks, he drafted and negotiated deals for the Fox Sports cable networks. Eric received his J.D. cum laude from Harvard Law School in 2000, where he was an instructor of the first-year course in legal reasoning and argument. He received his B.A. with Highest and Special Honors from the Plan II program at the University of Texas at Austin. Outside of his legal career, Eric performed as a stand-up comic and was a top-40 radio disc jockey.