CRIMINAL Law | Academic Articles

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Posts Tagged ‘CRIMINAL law’

Texas v. cobb: certiorari to the court of criminal appeals of texas

The article presents information on U.S. Supreme Court case Texas v. Cobb, case number 99-1702, argued on January 16, 2001 and decided on April 2, 2001. A respondent confessed to home burglary while under arrest for an unrelated offense. At the same time, he denied knowledge of a woman and the disappearance of a child from the house. A counsel was appointed to represent him after he was indicted for the burglary. This case holds that the Sixth Amendment right to counsel does not necessarily extend to offenses that are factually related to those that have actually been charged because it is offense specific.

February 19, 2012 Tags: BURGLARY, CIVIL rights, CONSTITUTIONAL lawTEXAS v. Cobb (Supreme Court case), CRIMINAL law, RIGHT to counsel
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ROE, WARDEN v. FLORES-ORTEGA: certiorari to the united states court of appeals for the ninth circuit

The article presents information on U.S. Supreme Court case Roe v. Flores-Ortega, case number 98-1441, argued on November 1, 1999 and decided on February 23, 2000. The Court must decide on the proper framework for evaluating an ineffective assistance of counsel claim, based on the counsel’s failure to file a notice of appeal without the respondent’s consent under Strickland v. Washington. Justice Sandra Day O’Connor delivered the opinion of the Court, upheld the question of constitutional duty of the counsels under Strickland. However, the Court has determined that there was no sufficient record to determine whether the counsel was derelict of this constitutional duty. Thus, the Court vacated the Court of Appeals’ previous ruling and remanded the case for further proceedings.

February 19, 2012 Tags: ACTIONS & defenses (Law)ROE v. Flores-Ortega (Supreme Court case), CRIMINAL law, DEFENSE (Criminal procedure), DUE process of law, RIGHT to counsel
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ROMPILLA v. BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS: certiorari to the united states court of appeals for the third circuit

The article presents U.S. Supreme Court case Rompilla v. Beard, secretary, Pennsylvania Department of Corrections, number 04-5462, argued on January 18, 2005 and decided on June 20, 2005. The Court considers the application of the standard for reasonable competence required on the part of defense counsel by the Sixth Amendment to the U.S. Constitution. Justice David Souter delivered the opinion of the Court, which reversed the ruling of the U.S. Court of Appeals for the Third Circuit rejecting a District Court’s decision that the petitioner’s counsel is bound to make efforts to obtain and review materials pertinent to the prosecution or mitigation of the case.

February 19, 2012 Tags: APPELLATE procedure, CONSTITUTIONAL law, CRIMINAL law, CRIMINAL liabilityROMPILLA v. Beard (Supreme Court case), EXTENUATING circumstances, LAWYERS
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Ramdass v. angelone, director, virginia department of corrections: certiorari to the united states of appeals for the fourth circuit

The article presents information on U.S. Supreme Court case Ramdass v. Angelone, Director, Virginia Department of Corrections, case number 99-7000, argued on April 18, 2000 and decided June 12, 2000. The case focuses on the capital punishment law in Virginia. Petitioner was sentenced to death for the murder of Mohammed Kayani. Virginia law provides that conviction does not become final until the jury returns a verdict which sometime later, the judge enters a final conviction. Petitioner argued for life sentence. The Virginia Supreme Court affirmed the death penalty. Appeal was made by the petitioner. The District Court granted his petition. The Court of Appeals reversed. The Supreme Court upheld the Court of Appeals’ ruling.

February 19, 2012 Tags: CAPITAL punishment, CONSTITUTIONAL courts, CRIMINAL law, JUDGMENTS, LAY judgesRAMDASS v. Angelone (Supreme Court case)
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ANNUAL BLAWG 100 ABA JOURNAL 2011

The article reports that the journal is initiating 100 different law blogs in 12 different categories including criminal justice, business law, and legal technology on the journal’s fifth anniversary. As stated, the Constitutional Daily Blog have humorous news summaries. Further discussed is the Blow Tie Law blog that explains the key points of legal issues through a detailed description, and Crime and Consequences Blog have comments on sentences in violent crimes.

December 1, 2011 Tags: BLOGS, BUSINESS law, CRIMINAL law, SENTENCES (Criminal procedure), TECHNOLOGY & law, VIOLENT crimes
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What You Don’t Know Can Hurt You

The article discusses several criminal statutes in the U.S. which, according to the author, are vague. It is argued that there are too many federal laws that do not clearly distinguish legal and illegal conduct and punish incorrect guesses with imprisonment. One of the law referred by the author is the federal prohibition of “mail fraud,” which mainly describes the means of a crime.

July 1, 2011 Tags: CRIMINAL justice administration, CRIMINAL law, PUNISHMENT, STATUTES
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Non-Governmental Organizations: Anticorruption Compliance Challenges and Risks

Despite the drastic consequences, corruption and anticorruption compliance risks associated with the activities of international non-governmental organizations (NGOs) have not received adequate attention. NGOs face many of the same risks as traditional business organizations, like violating the Foreign Corrupt Practices Act and other foreign bribery laws, as well as susceptibility to becoming a victim of corruption. An anonymous survey of international NGOs conducted by the authors demonstrates that, for various reasons, NGOs have tended to languish behind business organizations in addressing their corruption-related risks. Unlike a business, the basis for an NGO’s funding often limits what resources can be devoted to compliance. Yet, unlike a business, an NGO’s reputational risk is much greater. For this reason, NGOs must give greater attention to putting in place robust anticorruption compliance programs like those instituted by business organizations. [ABSTRACT FROM AUTHOR]

June 1, 2011 Tags: BRIBERY -- Law & legislation, BUSINESS enterprises, COMPLIANCE, CORRUPTION, CRIMINAL law, NONGOVERNMENTAL organizations, PREVENTION
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Criminal Law Is Not Just About Criminals

The article introduces the Victims Committee of the American Bar Association’s Criminal Justice Section.

May 1, 2011 Tags: CRIMINAL law
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EXPATKIATES FACE CHINA’S CRIMINAL LAW SYSTEM

The article presents information related to the criminal justice system for Westerners in China. It is stated that the abuse of state power is of a little concern in China’s legal system. It is mentioned that investigation and indictment or release within 3 months are required under the law for criminal suspects who have been formally arrested.

April 1, 2011 Tags: CIVIL law, CRIMINAL courts, CRIMINAL justice administration, CRIMINAL law
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How Far Should You Go for a Client?

The article discusses importance of personal codes of conduct and ethics while dealing with clients in legal profession. It reveals major difference between civil and criminal law and state that former work to avoid court while latter uses court to settle matters. It discusses codes established by various Bar Associations of various countries including Los Angeles, California and Boston, Massachusetts and comments by saying that basics of courtesy must be legislated into practice of law.

October 1, 2010 Tags: BAR associations, CIVIL law, CODES of ethics, CRIMINAL law, LEGAL ethics, LEGAL professions
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