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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]). -
Criminal Procedure in England and the United States: Comparisons in Initiating Prosecutions
Fordham Law Review Volume 49 Issue 1 Article 8 1980 Criminal Procedure in England and the United States: Comparisons in Initiating Prosecutions Irving R. Kaufman Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Digital Par t of the Law Commons Commons Network Recommended Citation Logo Irving R. Kaufman, Criminal Procedure in England and the United States: Comparisons in Initiating Prosecutions, 49 Fordham L. Rev. 26 (1980). Available at: https://ir.lawnet.fordham.edu/flr/vol49/iss1/8 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Criminal Procedure in England and the United States: Comparisons in Initiating Prosecutions Cover Page Footnote Circuit Judge, United States Court of Appeals for the Second Circuit; Chief Judge (1973-1980). District Court Judge (1949-1961) and Assistant United States Attorney (1935-1940) in the Southern District of New York. Chairman of the Executive Committee and former President of the Institute of Judicial Administration. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol49/iss1/8 CRIMINAL PROCEDURE IN ENGLAND AND THE UNITED STATES: COMPARISONS IN INITIATING PROSECUTIONS IRVING R. KAUFMAN* THE legal institutions of Great Britain have long served as the well-spring of American law. In drafting the Federal Constitution, the framers embellished British conceptions of a government of sepa- rated powers,' and drew on the enactments of Parliament. -
Failing in Corporate Governance and Warning Signs of a Corporate Collapse
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Abid, Ghulam; Ahmed, Alia Article Failing in corporate governance and warning signs of a corporate collapse Pakistan Journal of Commerce and Social Sciences (PJCSS) Provided in Cooperation with: Johar Education Society, Pakistan (JESPK) Suggested Citation: Abid, Ghulam; Ahmed, Alia (2014) : Failing in corporate governance and warning signs of a corporate collapse, Pakistan Journal of Commerce and Social Sciences (PJCSS), ISSN 2309-8619, Johar Education Society, Pakistan (JESPK), Lahore, Vol. 8, Iss. 3, pp. 846-866 This Version is available at: http://hdl.handle.net/10419/188173 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. https://creativecommons.org/licenses/by-nc/4.0/ www.econstor.eu Pak J Commer Soc Sci Pakistan Journal of Commerce and Social Sciences 2014, Vol. -
A Rationale of Criminal Negligence Roy Mitchell Moreland University of Kentucky
Kentucky Law Journal Volume 32 | Issue 2 Article 2 1944 A Rationale of Criminal Negligence Roy Mitchell Moreland University of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Criminal Law Commons, and the Torts Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Moreland, Roy Mitchell (1944) "A Rationale of Criminal Negligence," Kentucky Law Journal: Vol. 32 : Iss. 2 , Article 2. Available at: https://uknowledge.uky.edu/klj/vol32/iss2/2 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. A RATIONALE OF CRIMINAL NEGLIGENCE (Continued from November issue) RoY MOREL A D* 2. METHODS Op DESCRIBING THE NEGLIGENCE REQUIRED 'FOR CRIMINAL LIABILITY The proposed formula for criminal negligence describes the higher degree of negligence required for criminal liability as "conduct creating such an unreasonable risk to life, safety, property, or other interest for the unintentional invasion of which the law prescribes punishment, as to be recklessly disre- gardful of such interest." This formula, like all such machinery, is, of necessity, ab- stractly stated so as to apply to a multitude of cases. As in the case of all abstractions, it is difficult to understand without explanation and illumination. What devices can be used to make it intelligible to judges and juries in individual cases q a. -
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 -
'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. -
Fraud Risk Management: a Guide to Good Practice
Fraud risk management A guide to good practice Acknowledgements This guide is based on the fi rst edition of Fraud Risk Management: A Guide to Good Practice. The fi rst edition was prepared by a Fraud and Risk Management Working Group, which was established to look at ways of helping management accountants to be more effective in countering fraud and managing risk in their organisations. This second edition of Fraud Risk Management: A Guide to Good Practice has been updated by Helenne Doody, a specialist within CIMA Innovation and Development. Helenne specialises in Fraud Risk Management, having worked in related fi elds for the past nine years, both in the UK and other countries. Helenne also has a graduate certifi cate in Fraud Investigation through La Trobe University in Australia and a graduate certifi cate in Fraud Management through the University of Teeside in the UK. For their contributions in updating the guide to produce this second edition, CIMA would like to thank: Martin Birch FCMA, MBA Director – Finance and Information Management, Christian Aid. Roy Katzenberg Chief Financial Offi cer, RITC Syndicate Management Limited. Judy Finn Senior Lecturer, Southampton Solent University. Dr Stephen Hill E-crime and Fraud Manager, Chantrey Vellacott DFK. Richard Sharp BSc, FCMA, MBA Assistant Finance Director (Governance), Kingston Hospital NHS Trust. Allan McDonagh Managing Director, Hibis Europe Ltd. Martin Robinson and Mia Campbell on behalf of the Fraud Advisory Panel. CIMA would like also to thank those who contributed to the fi rst edition of the guide. About CIMA CIMA, the Chartered Institute of Management Accountants, is the only international accountancy body with a key focus on business. -
Criminal Law: Conspiracy to Defraud
CRIMINAL LAW: CONSPIRACY TO DEFRAUD LAW COMMISSION LAW COM No 228 The Law Commission (LAW COM. No. 228) CRIMINAL LAW: CONSPIRACY TO DEFRAUD Item 5 of the Fourth Programme of Law Reform: Criminal Law Laid before Parliament bj the Lord High Chancellor pursuant to sc :tion 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 6 December 1994 LONDON: 11 HMSO E10.85 net 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 Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 LAW COMMISSION CRIMINAL LAW: CONSPIRACY TO DEFRAUD CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 A. Background to the report 1. Our work on conspiracy generally 1.2 1 2. Restrictions on charging conspiracy to defraud following the Criminal Law Act 1977 1.8 3 3. The Roskill Report 1.10 4 4. The statutory reversal of Ayres 1.11 4 5. Law Commission Working Paper No 104 1.12 5 6. Developments in the law after publication of Working Paper No 104 1.13 6 7. Our subsequent work on the project 1.14 6 B. A general review of dishonesty offences 1.16 7 C. Summary of our conclusions 1.20 9 D. -
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving -
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. -
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. -
From False Evidence Ploy to False Guilty Plea: an Unjustified Path to Securing Convictions Introduction
COMMENT From False Evidence Ploy to False Guilty Plea: An Unjustified Path to Securing Convictions introduction On June 20, 1991, two police officers brought an African American man named Anthony Gray into custody for questioning related to the unsolved rape and murder of a woman in Calvert County, Maryland.1 During the interroga- tion, the detectives lied to Mr. Gray about the evidence police held against him. They told him that two other men had confessed to involvement in the crime and had named Mr. Gray as the killer.2 They told him that he had failed two hour-long polygraph tests.3 And they told him that they “knew” he had com- mitted the crime.4 In reality, no one had confessed to the crime or identified Anthony Gray as the perpetrator.5 Mr. Gray did not fail the polygraph tests.6 Instead, the police had gathered “a substantial amount of exculpating evidence” during the period of time when Mr. Gray was being interrogated.7 Witnesses reported having seen a lone white man driving from the crime scene in the victim’s car, and the hair evidence that police recovered could have only come from a Caucasian 1. Gray v. Maryland, No. CIV.CCB-02-0385, 2004 WL 2191705, at *2 (D. Md. Sept. 24, 2004). This account of Anthony Gray’s case is based on judicial opinions that present the factual record in the light most favorable to the defendant. 2. Gray v. Maryland, 228 F. Supp. 2d 628, 632 (D. Md. 2002). 3. Gray, 2004 WL 2191705, at *3.