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Protecting the Innocent from False Confessions and Lost Confessions--And from Miranda Paul G
Journal of Criminal Law and Criminology Volume 88 Article 2 Issue 2 Winter Winter 1998 Protecting the Innocent from False Confessions and Lost Confessions--And from Miranda Paul G. Cassell Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Paul G. Cassell, Protecting the Innocent from False Confessions and Lost Confessions--And from Miranda, 88 J. Crim. L. & Criminology 497 (Winter 1998) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/98/8802-0497 TI' JOURNAL OF CRIMINAL LAW& CRIMINOLOGY Vol. 88, No. 2 Copyright 0 1998 by Northwestern Unh-rsity, School of Law PrinW in U.S.A PROTECTING THE INNOCENT FROM FALSE CONFESSIONS AND LOST CONFESSIONS-AND FROM MIRANDA PAUL G. CASSELL" For most of the last several decades, criminal procedure scholarship-mirroring the Warren Court landmarks it was commenting on-spent little time discussing the guiltless and much discussing the guilty. Recent scholarship suggests a dif- ferent focus is desirable. As one leading scholar recently put it, "the Constitution seeks to protect the innocent."' Professors Leo and Ofshe's preceding article,2 along with ar- ticles like it by (among others) Welsh White and Al Alschuler,4 commendably adopts this approach. Focusing on the plight of an innocent person who confessed to a crime he5 did not com- mit, they recommend certain changes in the rules governing po- " Professor of Law, University of Utah College of Law ([email protected]). -
Official Commentary
FINAL REPORT TO THE DELAWARE GENERAL ASSEMBLY’S CRIMINAL JUSTICE IMPROVEMENT COMMITTEE OFFICIAL COMMENTARY Volume 2 March 22, 2019 DELAWARE GENERAL ASSEMBLY’S CRIMINAL JUSTICE IMPROVEMENT COMMITTEE CODE IMPROVEMENT PROJECT Working Group Adam L. Balick, Esq. Judge William C. Carpenter, Jr. Robert Goff, Esq. Ipek Kurul Medford, Esq. Lisa Minutola, Esq. R./ Colonel Elmer Setting Chief Justice Leo E. Strine, Jr. Judge Ferris W. Wharton Staff1 Matthew G. Kussmaul, Consulting Attorney Ilya Rudyak, Legislative Director John S. Grimm, Esq. Ashley Tucker, Esq. 1 Special acknowledgement and appreciation is due to Professor Paul H. Robinson, Colin S. Diver Professor of Criminal Law at University of Pennsylvania Law School for his immense contribution to development of the Preliminary Report on which this Final Report is largely based. SUMMARY OF CONTENTS Page SUMMARY OF CONTENTS .......................................................................................................................................................... i TABLE OF CONTENTS .............................................................................................................................................................. iii SUBPART A: THE GENERAL PART ............................................................................................................................ 1 PRELIMINARY PROVISIONS...................................................................................................................................... 1 CHAPTER 1. PRELIMINARY PROVISIONS -
A Clarification of the Law of Attempted Murder in Illinois - People V
DePaul Law Review Volume 28 Issue 1 Fall 1978 Article 9 Specific Intent Made More Specific: A Clarification of the Law of Attempted Murder in Illinois - People v. Harris Nancy Lea Barrett Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Nancy L. Barrett, Specific Intent Made More Specific: A Clarification of the Law ofttempted A Murder in Illinois - People v. Harris , 28 DePaul L. Rev. 157 (1978) Available at: https://via.library.depaul.edu/law-review/vol28/iss1/9 This Notes is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. SPECIFIC INTENT MADE MORE SPECIFIC: A CLARIFICATION OF THE LAW OF ATTEMPTED MURDER IN ILLINOIS -PEOPLE V. HARRIS The essence of the crime of attempted murder is a specific intent to take life. 1 This concept has undergone a subtle but significant change in Illinois law. In a recent decision, the Illinois Supreme Court has sought to define the precise mental element necessary to sustain a conviction of attempted murder. In People v. Harris,2 the court held that "to convict for attempted murder nothing less than a criminal intent to kill must be shown. "3 The significance of this seemingly straightforward holding can be better ap- preciated in light of prior Illinois decisions, many of which have sanctioned attempted murder charges based on something less than intent to cause 4 death. -
Shipping Act: Contract Vs. Common Carriage
Washington and Lee Law Review Volume 18 | Issue 2 Article 9 Fall 9-1-1961 Shipping Act: Contract Vs. Common Carriage Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Law of the Sea Commons Recommended Citation Shipping Act: Contract Vs. Common Carriage, 18 Wash. & Lee L. Rev. 259 (1961), https://scholarlycommons.law.wlu.edu/wlulr/vol18/iss2/9 This Comment is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. 1961] CASE COMMENTS 259 law action of deceit. This, too, would have required numerous suits because the defendants were from different states.. 9 In conclusion, it seems that in the securities field strong but gen- eral regulations against fraud are a necessity. The judiciary must continue to construe the provisions of X-ioB-5 broadly, as was done in Hooper.40 The alternative is to enact more complex fraud sections into both acts. Judging from the history of common law fraud and deceit, as it applied to securities transactions, this result seems unde- sirable. Allowing more discretion in the courts and the SEC to combat technicalities presented by the swindler, as does the general wording of X-ioB-5 , appears to be the most satisfactory method to guard against future fraud in the purchase or sale of securities. -
Presumptive Mens Rea: an Analysis of the Federal Judiciary's Retreat from Sandstrom V
Notre Dame Law Review Volume 64 | Issue 3 Article 4 6-1-1999 Presumptive Mens Rea: An Analysis of the Federal Judiciary's Retreat from Sandstrom v. Montana Laurie A. Briggs Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Laurie A. Briggs, Presumptive Mens Rea: An Analysis of the Federal Judiciary's Retreat from Sandstrom v. Montana, 64 Notre Dame L. Rev. 367 (1989). Available at: http://scholarship.law.nd.edu/ndlr/vol64/iss3/4 This Note is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. NOTES Presumptive Mens Rea: An Analysis of the Federal Judiciary's Retreat from Sandstrom v. Montana Direct or empirical evidence rarely provides proof of mens rea, a criti- cal element of most crimes.1 The practical difficulties inherent in prov- ing that a criminal defendant had the requisite state of mind have led to presumptions 2 of mens rea. Thejudiciary's attempt to provide a constitu- tional standard for the use of presumptions in criminal trials culminated in Sandstrom v. Montana.3 In Sandstrom, the Supreme Court held that the jury instruction, "[t]he law presumes that a person intends the ordinary consequences of his voluntary acts," violates due process.4 Sandstrom and its progeny have provoked both controversy and chaos in the legal community. This Note examines the goals embodied in Sand- strom and the extent to which these goals have been frustrated by the federal judiciary's treatment of Sandstrom during the past decade. -
Ignorance and Mistake in Criminal Law
Indiana Law Journal Volume 33 Issue 1 Article 1 Fall 1957 Ignorance and Mistake in Criminal Law Jerome Hall Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Criminal Law Commons Recommended Citation Hall, Jerome (1957) "Ignorance and Mistake in Criminal Law," Indiana Law Journal: Vol. 33 : Iss. 1 , Article 1. Available at: https://www.repository.law.indiana.edu/ilj/vol33/iss1/1 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. INDIANA LAW JOURNAL Volume 33 FALL 1957 Number I To perpetuate the memory of Professor Frank E. Horack, Jr., a scholarship and acquisition fund which will bear his name has been established by Indiana University. Readers of the Journal who desire to contribute to the fund are invited to send their gifts to either the Dean of the School of Law, or the I. U. Foundation, at Bloomington, Indiana. Checks may be made payable to the Foundation, and should indicate that they are to apply toward the FRANK E. HORACK, JR., MEMORIAL FUND. IGNORANCE AND MISTAKE IN CRIMINAL LAW JEROME HALLtI At the threshold of inquiry into the criminal liability of persons who commit harms under the influence of ignorance or mistake, one con- fronts an insistent perennial question-why should such persons be sub- jected to any criminal liability? Ignorantiafacti excwsat accords with the implied challenge. -
Penal Code Chapter 32. Fraud
PENAL CODE TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 32. FRAUD SUBCHAPTER A. GENERAL PROVISIONS Sec.A32.01.AADEFINITIONS. In this chapter: (1)AA"Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for deposit of funds or medium of savings or collective investment. (2)AA"Property" means: (A)AAreal property; (B)AAtangible or intangible personal property including anything severed from land; or (C)AAa document, including money, that represents or embodies anything of value. (3)AA"Service" includes: (A)AAlabor and professional service; (B)AAtelecommunication, public utility, and transportation service; (C)AAlodging, restaurant service, and entertainment; and (D)AAthe supply of a motor vehicle or other property for use. (4)AA"Steal" means to acquire property or service by theft. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Sec.A32.02.AAVALUE. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1)AAthe fair market value of the property or service at the time and place of the offense; or 1 (2)AAif the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense. (b)AAThe value of documents, other than those having a readily ascertainable market value, is: (1)AAthe amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or (2)AAthe greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. -
Constitutional Court Ruling on Criminal Defamation
THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA 5 CORAM: HON. JUSTICE A.E.N. MPAGI-BAHIGEINE, JA HON. JUSTICE S.G. ENGWAU, JA HON. JUSTICE C.K. BYAMUGISHA, JA HON. JUSTICE S.B.K. KAVUMA, JA 10 HON. JUSTICE A.S. NSHIMYE, JA CONSTITUTIONAL REFERENCE NO. 1/2008 (Arising out of Criminal Case No. 41 of 2008 in the Chief Magistrates Court at Nakawa) 15 1. JOACHIM BUWEMBO 2. BERNARD TABAIRE 3. EMMANUEL DAVIES GYEZAHO 4. MUKASA ROBERT ::::::::::::::::::::::::::::::::: APPLICANTS VERSUS 20 ATTORNEY GENERAL ::::::::::::::::::::::::::::::::::: RESPONDENT (Statutory interpretation - Whether Section 179 of the Penal Code Act (Cap 120) is inconsistent with Article 29(1) (a) of the Constitution. - Whether or not Sections 179 of the Penal Code Act is a restriction permitted under Article 43 of the Constitution as being demonstrably justifiable in a free and democratic society.) 25 Ruling of the Court This Constitutional Reference arose out of Criminal Case No. 41 of 2008, instituted at Nakawa Magistrates Court, wherein the four applicants, namely Joachim Buwembo, Bernard Tabaire, 30 Emmanuel Davies Gyezaho and Mukasa Robert, were jointly charged with libel, contrary to sections 179 and 22 of the Penal Code Act. 1 The facts giving rise to this charge are that the said applicants who are journalists with the Monitor Newspaper, published articles in their Sunday issues of 19th and 26th August 2007 captioned “IGG IN SALARY SCANDAL” and “GOD’S WARRIOR FAITH MWONDHA 5 STUMBLES” respectively. Following a complaint to the police by the Hon. Lady Justice Faith Mwondha, the IGG, the applicants were investigated and later charged, at the Chief Magistrate’s Court at Nakawa, with the offence of unlawful publication of defamatory matter under sections 179 and 22 of the Penal Code Act (Cap 120). -
Preparing Tomorrow's Lawyers to Tackle Twenty-First Century Health and Social Justice Issues
Denver Law Review Volume 95 Issue 3 Article 2 November 2020 Preparing Tomorrow's Lawyers to Tackle Twenty-First Century Health and Social Justice Issues Jennifer Rosen Valverde Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Jennifer Rosen Valverde, Preparing Tomorrow's Lawyers to Tackle Twenty-First Century Health and Social Justice Issues, 95 Denv. L. Rev. 539 (2018). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. PREPARING TOMORROW'S LAWYERS TO TACKLE TWENTY-FIRST CENTURY HEALTH AND SOCIAL JUSTICE ISSUES JENNIFER ROSEN VALVERDEt ABSTRACT Changing times require changes to the ways in which lawyers, define, approach, and address complex problems. Legal education reform is needed to properly equip tomorrow's lawyers with the knowledge and skills necessary to address twenty-first century issues. This Article pro- poses that the legal academy foster the development of competencies in preventive law, interdisciplinary collaboration, and community engage- ment to prepare lawyers adequately for the practice of law. The Article offers one model for so doing-a law school-based medical-legal partner- ship clinic-and discusses the benefits, challenges, and lessons learned from the author's own experience teaching in such a program. However, the Article proposes that the clinic model is merely a starting point, and that law schools should integrate instruction in preventive law, interdisci- plinary collaboration, and community engagement throughout the curric- ulum in a carefully designed progression to achieve the curricular reform needed to properly prepare tomorrow's lawyers. -
Regulatory Crimes and the Mistake of Law Defense Paul J
LEGAL MEMORANDUM No. 157 | JULY 9, 2015 Regulatory Crimes and the Mistake of Law Defense Paul J. Larkin, Jr. Abstract No one should be convicted of a crime if no reasonable person would Key Points have known, and if the defendant did not know, that the conduct charged against him was criminal. Former U.S. Attorneys General n A strict liability crime can be a Edwin Meese III and Michael Mukasey have endorsed the adoption violation of a statute or an admin- of a mistake of law defense, and criminal law scholars have long ar- istrative regulation. Using the penal law to enforce a regulatory gued that strict liability crimes lead to conviction of persons who are, code, however, creates consider- morally speaking, innocent. A recent paper by Senator Ted Cruz gives able problems, both for regulated further reason to believe that Congress may debate the continued le- parties and for the public. gitimacy of the rule that neither ignorance nor a mistake of law can n A criminal code that reaches excuse criminal liability. people who engage in conduct that no reasonable person would n the summer of 2015, the accepted wisdom is that, for good or ill, find blameworthy weakens Ithe two major American political parties are generally incapable public respect for the law and the of agreeing on any major policy change for which new legislation public’s willingness to support is necessary or useful. One exception, however, can be seen in the its enforcement. area of criminal justice. Several bills with bipartisan support would n A mistake of law defense is a rea- reform the front or back end of the correctional process either by sonable and efficient response modifying some of the federal laws imposing mandatory minimum to that concern because it sentences or by augmenting the power of the Federal Bureau of Pris- avoids making criminals out of people who engage in blame- ons to grant inmates an early release.1 Perhaps reform of the crimi- less conduct. -
Description of Bite Mark Exonerations
DESCRIPTION OF BITE MARK EXONERATIONS 1. Keith Allen Harward: Keith Harward was convicted of the September 1982 murder of a man and the rape of his wife. The assailant, who was dressed as a sailor, bit the rape victim’s legs multiple times during the commission of the rape. Because of the assailant’s uniform, the investigation focused on the sailors aboard a Navy ship dry-docked near the victims’ Newport News, Virginia, home. Dentists aboard the ship ran visual screens of the dental records and teeth of between 1,000 and 3,000 officers aboard the ship; though Harward’s dentition was initially highlighted for additional screening, a forensic dentist later excluded Harward as the source of the bites. The crime went unsolved for six months, until detectives were notified that Harward was accused of biting his then-girlfriend in a dispute. The Commonwealth then re-submitted wax impressions and dental molds of Harward's dentition to two ABFO board-certified Diplomates, Drs. Lowell Levine and Alvin Kagey, who both concluded that Harward was the source of bite marks on the rape victim. Although the naval and local dentists who conducted the initial screenings had excluded Harward as the source of the bites, in the wake of the ABFO Diplomates’ identifications they both changed their opinions. Harward’s defense attorneys also sought opinions from two additional forensic dentists prior to his trials, but those experts also concluded that Harward inflicted the bites; in total, six forensic dentists falsely identified Harward as the biter. At Harward's second trial, Dr. -
Shipping Law Review
Shipping Law Review Seventh Edition Editors George Eddings, Andrew Chamberlain and Holly Colaço lawreviews © 2020 Law Business Research Ltd Shipping Law Review Seventh Edition Reproduced with permission from Law Business Research Ltd This article was first published in June 2020 For further information please contact [email protected] Editors George Eddings, Andrew Chamberlain and Holly Colaço lawreviews © 2020 Law Business Research Ltd PUBLISHER Tom Barnes SENIOR BUSINESS DEVELOPMENT MANAGER Nick Barette BUSINESS DEVELOPMENT MANAGER Joel Woods SENIOR ACCOUNT MANAGERS Pere Aspinall, Jack Bagnall ACCOUNT MANAGERS Olivia Budd, Katie Hodgetts, Reece Whelan PRODUCT MARKETING EXECUTIVE Rebecca Mogridge RESEARCH LEAD Kieran Hansen EDITORIAL COORDINATOR Gavin Jordan PRODUCTION AND OPERATIONS DIRECTOR Adam Myers PRODUCTION EDITOR Katrina McKenzie SUBEDITOR Helen Smith CHIEF EXECUTIVE OFFICER Nick Brailey Published in the United Kingdom by Law Business Research Ltd, London Meridian House, 34–35 Farringdon Street, London, EC4A 4HL, UK © 2020 Law Business Research Ltd www.TheLawReviews.co.uk No photocopying: copyright licences do not apply. The information provided in this publication is general and may not apply in a specific situation, nor does it necessarily represent the views of authors’ firms or their clients. Legal advice should always be sought before taking any legal action based on the information provided. The publishers accept no responsibility for any acts or omissions contained herein. Although the information provided