Introduction

This is a tale that begins with a “not guilty” verdict and ends, years later, with another “not guilty” verdict. The first “not guilty” verdict, in 2003, was earned by Justin Goff. Goff was arrested for selling marijuana. Goff hired James Vasilas, a criminal defense lawye...   MORE>>

This article compares Singapore’s law and practice of the death penalty with what may appear to be an emerging international consensus on the minimum standards under which capital punishment may be legitimately employed. It explores some of the difficulties that might be encountered should interna...   MORE>>

The Sixth Amendment to the United States Constitution provides a criminal defendant with the right to a trial by an impartial jury. If a jury convicts a criminal defendant, the United States Sentencing Guidelines (Sentencing Guidelines) provide guidance to federal judges for determining sentence len...   MORE>>

Under the Immigration and Nationality Act (INA), an alien is subject to deportation if convicted of any aggravated felony. A state misdemeanor drug offense is an aggravated felony if that offense would constitute a felony had it been charged under the Federal Controlled Substance Act (CSA). The reci...   MORE>>

The Fourth Amendment guarantees the right of the people to be free from unreasonable searches and seizures. The United States Supreme Court created the exclusionary rule, which requires suppression of evidence obtained in violation of the Fourth Amendment when the potential to deter future police mi...   MORE>>

Last fall, I presented a paper at a conference on neuroimaging and the law looking at the way jurors were likely to construe neuroimaging evidence in insanity defense cases. I tried to balance jurors‟ likely positive response to the perceived characteristics of this evidence—vivid, objective, qu...   MORE>>

1 INTRODUCTION

Section 49 of the Criminal Procedure Act (hereafter CPA) provides for the use of force during arrest. This provision recently came under the spotlight in the Supreme Court of Appeal as well as in the Constitutional Court. Section 49 of the CPA is shrouded in controversy, as the pro...   MORE>>

International attention first focused on the use of rape as a tactic of warfare in Bosnia between 1991 and 1995. Rape was also employed by Hutu troops against Tutsi women in the genocidal campaign in Rwanda in 1994. In December of 1993, The United Nations adopted the Declaration on the Elimination o...   MORE>>

1. Introduction: Right of Preemptive Self-Defense in the Era of Surging International Terrorism

The concept of right of self-defense has long been recognized under international law. In general, its legitimacy and necessity have been rarely challenged and almost universally accepted by states. Th...   MORE>>

Identity theft is a prevalent, costly crime. The key for consumers is prevention. Yet, for those who have taken all precautions and are victimized nonetheless, are the authorities able to trace and prosecute the thieves? This article focuses on the problem of keeping track of the profound effects of...   MORE>>