List of Barrier Crimes As Defined in § 19.2-392.02 of the Code of Virginia, "Barrier Crime" Means: (I) a Felony Violation of § 16.1-253.2
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CONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2026 Brief* HB 2026 Would Establish a Certified Drug Abuse Treatment Program Fo
SESSION OF 2021 CONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2026 As Agreed to April 8, 2021 Brief* HB 2026 would establish a certified drug abuse treatment program for certain persons who have entered into a diversion agreement pursuant to a memorandum of understanding and amend law related to supervision of offenders and the administration of certified drug abuse treatment programs. It also would amend law to change penalties for crimes involving riot in a correctional facility and unlawfully tampering with an electronic monitoring device. Certified Drug Abuse Treatment Program—Divertees The bill would establish a certified drug abuse treatment program (program) for certain persons who have entered into a diversion agreement (divertees) pursuant to a memorandum of understanding (MOU). The bill would allow eligibility for participation in a program for offenders who have entered into a diversion agreement in lieu of further criminal proceedings on and after July 1, 2021, for persons who have been charged with felony possession of a controlled substance and whose criminal history score is C or lower with no prior felony drug convictions. ____________________ *Conference committee report briefs are prepared by the Legislative Research Department and do not express legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd [Note: Under continuing law, Kansas’ sentencing guidelines for drug crimes utilize a grid containing the crime severity level (1 to 5, 1 being the highest severity) and the offender’s criminal history score (A to I, A being the highest criminal history score) to determine the presumptive sentence for an offense. -
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. -
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. -
D.C. Criminal Code Reform Commission 441 Fourth Street, NW, Suite 1C001S, Washington, D.C
D.C. Criminal Code Reform Commission 441 Fourth Street, NW, Suite 1C001S, Washington, D.C. 20001 (202) 442-8715 www.ccrc.dc.gov To: Councilmember Charles Allen, Chairperson, Committee on the Judiciary and Public Safety From: Richard Schmechel, Executive Director, D.C. Criminal Code Reform Commission (CCRC) Date: October 15, 2020 Re: Testimony for the October 15, 2020 Hearing on B23-0723, the “Rioting Modernization Amendment Act of 2020” and B23-0882, the “Comprehensive Policing and Justice Reform Amendment Act of 2020.” ______________________________________________________________________________ Introduction. Thank you for the opportunity to provide testimony to the Committee on the Judiciary and Public Safety for the record of the public hearing on B23-0723, the “Rioting Modernization Amendment Act of 2020” (hereafter “rioting bill”), and B23-0882, the “Comprehensive Policing and Justice Reform Amendment Act of 2020,” (hereafter “policing and justice reform bill”). My name is Richard Schmechel. I am the Executive Director of the Criminal Code Reform Commission (CCRC) and am testifying on its behalf. The CCRC is a small, independent District agency that began operation October 1, 2016. The CCRC’s primary mission is to issue comprehensive recommendations for the Mayor and Council on reform of the District’s criminal statutes. Specifically, the CCRC’s work is focused on developing comprehensive recommendations to reform the District’s “substantive” criminal statutes—i.e. laws that define crimes and punishments. The CCRC expects to issue its final recommendations on or by March 30, 2021. These recommendations will address at least four matters in the policing and justice reform bill and rioting bill, including: (1) codification of a new restriction on law enforcement use of force; (2) repeal of the current failure to arrest statute (D.C. -
Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial
William & Mary Law Review Volume 37 (1995-1996) Issue 1 Article 10 October 1995 Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial Alan L. Adlestein Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Criminal Law Commons Repository Citation Alan L. Adlestein, Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial, 37 Wm. & Mary L. Rev. 199 (1995), https://scholarship.law.wm.edu/wmlr/vol37/iss1/10 Copyright c 1995 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr CONFLICT OF THE CRIMINAL STATUTE OF LIMITATIONS WITH LESSER OFFENSES AT TRIAL ALAN L. ADLESTEIN I. INTRODUCTION ............................... 200 II. THE CRIMINAL STATUTE OF LIMITATIONS AND LESSER OFFENSES-DEVELOPMENT OF THE CONFLICT ........ 206 A. Prelude: The Problem of JurisdictionalLabels ..... 206 B. The JurisdictionalLabel and the CriminalStatute of Limitations ................ 207 C. The JurisdictionalLabel and the Lesser Offense .... 209 D. Challenges to the Jurisdictional Label-In re Winship, Keeble v. United States, and United States v. Wild ..................... 211 E. Lesser Offenses and the Supreme Court's Capital Cases- Beck v. Alabama, Spaziano v. Florida, and Schad v. Arizona ........................... 217 1. Beck v. Alabama-LegislativePreclusion of Lesser Offenses ................................ 217 2. Spaziano v. Florida-Does the Due Process Clause Require Waivability? ....................... 222 3. Schad v. Arizona-The Single Non-Capital Option ....................... 228 F. The Conflict Illustrated in the Federal Circuits and the States ....................... 230 1. The Conflict in the Federal Circuits ........... 232 2. The Conflict in the States .................. 234 III. -
Criminal Code
2010 Colección: Traducciones del derecho español Edita: Ministerio de Justicia - Secretaría General Técnica NIPO: 051-13-031-1 Traducción jurada realizada por: Clinter Actualización realizada por: Linguaserve Maquetación: Subdirección General de Documentación y Publicaciones ORGANIC ACT 10/1995, DATED 23RD NOVEMBER, ON THE CRIMINAL CODE. GOVERNMENT OFFICES Publication: Official State Gazette number 281 on 24th November 1995 RECITAL OF MOTIVES If the legal order has been defined as a set of rules that regulate the use of force, one may easily understand the importance of the Criminal Code in any civilised society. The Criminal Code defines criminal and misdemeanours that constitute the cases for application of the supreme action that may be taken by the coercive power of the State, that is, criminal sentencing. Thus, the Criminal Code holds a key place in the Law as a whole, to the extent that, not without reason, it has been considered a sort of “Negative Constitution”. The Criminal Code must protect the basic values and principles of our social coexistence. When those values and principles change, it must also change. However, in our country, in spite of profound changes in the social, economic and political orders, the current text dates, as far as its basic core is concerned, from the last century. The need for it to be reformed is thus undeniable. Based on the different attempts at reform carried out since the establishment of democracy, the Government has prepared a bill submitted for discussion and approval by the both Chambers. Thus, it must explain, even though briefly, the criteria on which it is based, even though these may easily be deduced from reading its text. -
Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973
N.B. This is a Working Paper circulated for comment and criticism only. It does not represent the final views. of the Law Commission. The Law Cominission will be grateful for comments before 1 January 1974. All correspondence should be addressed to: J.C. R. Fieldsend, Law Commission, Conquest Hoiis e, 37/38 John Street, Theobalds Road, London WC1N 2BQ. (Tel: 01-242 0861, Ex: 47) The Law Commission Working Paper No 50 Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973 LONDON HER MAJESTY’S STATIONERY OFFICE 1973 @ Crown copyright 1973 SBN 11 730081 0 THE LAW COMMISSION WORKING PAPER NO. 50 Second Programme, Item XVIII CODIFICATION OF THE CRIMINAL LAW GENERAL PRINCIPLES INCHOATE OFFENCES : CONSPIRACY, ATTEMPT AND INCITEMENT Introduction by the Law Commission 1. The Working Party' assisting the Commission in the examination of the general principles of the criminal law with a view to their codification has prepared this Working Paper on the inchoate offences. It is the fourth in a series' designed as a basis upon which to seek the views of those concerned with the criminal law. In pursuance of - its policy of wide consultation, the Law Commission is publishing the Working Paper and inviting comments upon it. 2. To a greater extent than in previous papers in this series the provisional proposals of the Working Party involve fundamental changes in the law which, we think, will prove much more controversial than those made in the other papers. The suggested limitation of the crime of conspiracy to 1. For membership see p. ix. 2. The others are "The Mental Element in Crime" (W.P. -
Criminally Punished Only If It Consists of Solicitation of Crime
No. 19-67 In the Supreme Court of the United States United States of America, Petitioner, v. Evelyn Sineneng-Smith, Respondent. On Writ of Certiorari to the U.S. Court of Appeals for the Ninth Circuit Brief Amicus Curiae of Professor Eugene Volokh in Support of Neither Party Eugene Volokh Counsel of Record UCLA School of Law 405 Hilgard Ave. Los Angeles, CA 90095 (310) 206-3926 [email protected] Counsel for Amicus Curiae i Table of Contents Table of Contents ......................................................... i Table of Authorities .................................................... ii Interest of the Amicus Curiae .................................... 1 Summary of Argument ............................................... 1 Argument .................................................................... 3 I. Title 8 U.S.C. § 1324(a)(1)(A)(iv) should be read as a ban on solicitation ................................. 3 II. Defining solicitation .............................................. 3 A. To be solicitation governed by Williams, rather than abstract advocacy governed by the Brandenburg incitement test, speech must be highly specific ......................... 3 B. Solicitation may be criminally punished only if it consists of solicitation of crime ......... 7 C. Solicitation of crime may be punished even if it purposefully solicits conduct that would happen months in the future ........ 9 D. Solicitation may be punished even when the solicited crime is nonviolent .................... 12 Conclusion ................................................................. 15 ii Table of Authorities Cases Brandenburg v. Ohio, 395 U.S. 444 (1969) ....... passim Branzburg v. Hayes, 408 U.S. 665 (1972) ................. 13 Conant v. Walters, 309 F.3d 629 (9th Cir. 2002) ....................................................................... 13 Giboney v. Empire Storage & Ice Co., 336 U.S. 490 (1949) ..................................................... 7, 8 Hess v. Indiana, 414 U.S. 105 (1973) .......................... 5 Holder v. Humanitarian Law Project, 561 U.S. -
In the Supreme Court of the United States
No. 14-1071 In the Supreme Court of the United States RICHARD R. BAUMGARTNER, PETITIONER v. UNITED STATES OF AMERICA ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT BRIEF FOR THE UNITED STATES IN OPPOSITION DONALD B. VERRILLI, JR. Solicitor General Counsel of Record LESLIE R. CALDWELL Assistant Attorney General THOMAS E. BOOTH Attorney Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTIONS PRESENTED 1. Whether petitioner’s convictions for misprision of a felony, in violation of 18 U.S.C. 4, violated the First Amendment. 2. Whether petitioner concealed a felony within the meaning of 18 U.S.C. 4 when he made misrepresenta- tions to state judges and other officials designed to deter them from scrutinizing the conduct of a person who was supplying him with controlled substances as part of a drug conspiracy. (I) TABLE OF CONTENTS Page Opinions below ................................................................................ 1 Jurisdiction ...................................................................................... 1 Statement ......................................................................................... 2 Argument ......................................................................................... 7 Conclusion ...................................................................................... 16 TABLE OF AUTHORITIES Cases: Branzburg v. Hayes, 408 U.S. 665 (1972) ........ 5, 6, 11, 14 Cleveland v. United States, 531 -
Mens Rea and Inchoate Crimes Larry Alexander
Journal of Criminal Law and Criminology Volume 87 Article 2 Issue 4 Summer Summer 1997 Mens Rea and Inchoate Crimes Larry Alexander Kimberly D. Kessler 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 Larry Alexander, Kimberly D. Kessler, Mens Rea and Inchoate Crimes, 87 J. Crim. L. & Criminology 1138 (1996-1997) 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. 0091-4169/97/8704-1138 THE JouRmAL OF CRIMINAL LAw & CRIMINOLOGY Vol. 87, No. 4 Copyright © 1997 by Northwestern University, School of Law Printed in U.S.A. MENS REA AND INCHOATE CRIMES LARRY ALEX&ND* KIMBERLY D. KESSLER** I. INTRODUCTION When a defendant engages in proscribed conduct or in conduct that brings about a forbidden result, our interest focuses on his state of mind at the time he engages in the proscribed conduct or the con- duct that causes the result. We usually are unconcerned with his state(s) of mind in the period leading up to the conduct. The narra- tive of the crime can begin as late as the moment defendant engages in the conduct (or, in the case of completed attempts,1 believes he is engaging in the conduct). Criminal codes do not restrict themselves to proscribing harmful conduct or results, however, but also criminalize various acts that pre- cede harmful conduct. -
Assisting and Encouraging Crime
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 Brooke, Chairman Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. This overview, completed on 27 July 1993, 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 before 1 March 1994. All correspondence should be addressed to: The Secretary Law Commission Conquest House 37-38 John Street Theobalds Road London WClN 2BQ (Tel: 07 1-41 1 1250 Fax: 071-41 1 1297). It may be helpful for the Law Commission, either in discussion with others concerned or in any subsequent recommendations, to be able to refer to and attribute comments submitted in response to this consultation paper. Whilst any request to treat all, or part, of a response in confidence will, of course, be respected, if no such request is made the Law Commission will assume that the response is not intended to be confidential. .I The Law Commission Consultation Paper No. 131 (Overview) Assisting and Encouraging Crime I An Overview HMSO 0 Crown copyright 1993 Applications for reproduction should be made to HMSO. ISBN0 11 730215 5 THE LAW COMMISSION ASSISTING AND ENCOURAGING CRIME AN OVERVIEW TABLE OF CONTENTS -
A Framework for Regulating the Incitement of Criminal Flash Mobs
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 22 Volume XXII Number 3 Volume XXII Book 3 Article 4 2012 E-Incitement: A Framework for Regulating the Incitement of Criminal Flash Mobs Hannah Steinblatt Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Hannah Steinblatt, E-Incitement: A Framework for Regulating the Incitement of Criminal Flash Mobs, 22 Fordham Intell. Prop. Media & Ent. L.J. 753 (2012). Available at: https://ir.lawnet.fordham.edu/iplj/vol22/iss3/4 This Note 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 Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. E-Incitement: A Framework for Regulating the Incitement of Criminal Flash Mobs Cover Page Footnote J.D. Candidate, Fordham University School of Law, May 2013; B.A., Queens College, 2009. I would like to thank the editors and staff of the Fordham IPLJ for all of their hard work and valued input on this Note, as well as Professor Thomas H. Lee for his guidance and encouragement. Thank you to my family and friends for their support. A special thank you to my husband, Scott Topiel, for inspiring the topic of this Note, and for his continual love and patience.