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Journal articles on the topic 'Criminal courts – United States'

Author: Grafiati

Published: 27 July 2024

Last updated: 31 July 2025

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1

Kontorovich, Eugene. "United States v. Dire." American Journal of International Law 107, no. 3 (2013): 644–49. http://dx.doi.org/10.5305/amerjintelaw.107.3.0644.

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In the first criminal piracy decision by a United States court in nearly a century, the U.S. Court of Appeals for the Fourth Circuit ruled that the federal piracy statute’s reference to the “law of nations” explicitly ties the scope of the offense to evolving customary international law definitions of the crime. The court went on to find that under current customary and treaty law, attempted piracy falls within the scope of the international crime. In doing so, it joined several courts in nations around the world that have confronted the issue as a result of the outbreak of Somali piracy that

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2

Scheffer, David J. "The United States and the International Criminal Court." American Journal of International Law 93, no. 1 (1999): 12–22. http://dx.doi.org/10.2307/2997953.

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The United States has had and will continue to have a compelling interest in the establishment of a permanent international criminal court (ICC). Such an international court, so long contemplated and so relevant in a world burdened widi mass murderers, can both deter and punish diose who might escape justice in national courts. Since 1995, the question for the Clinton administration has never been whether there should be an international criminal court, but rather what kind of court it should be in order to operate efficiently, effectively and appropriately within a global system that also req

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Manfredi, Christopher P. "Judicial Review and Criminal Disenfranchisement in the United States and Canada." Review of Politics 60, no. 2 (1998): 277–306. http://dx.doi.org/10.1017/s0034670500041206.

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Courts in both the United States and Canada have been forced to consider the constitutionality of laws disenfranchising convicted offenders. Despite similar legal traditions, courts in the two countries have reached diametrically opposed results, with the U.S. Supreme Court upholding broad state power to disenfranchise offenders and Canadian courts rejecting progressively less severe restrictions on offenders' right to vote. Using these decisions as its focus, this article analyzes contemporary theories of judicial review and argues that neither interpretive nor noninterpretive theories of rev

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Markova, Elena. "Offences committed using electronic means of payment by the country of the Saxon legal family (in the United Kingdom and the United States of America)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (2020): 99–105. http://dx.doi.org/10.35750/2071-8284-2020-1-99-105.

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The article analyses the legal characteristics of the criminal laws of foreign States belonging to the Anglo-Saxon legal family (in the case of Great Britain and the United States of America) with regard to criminal liability for crimes committed by electronic means of payment. The peculiarities of this legal family are noted, which affect the position of the legislator with regard to the regulation of cybercrime, including the legal nature of criminal law; The importance of resolutions of the Royal (Westminster) Courts, the Supreme Court on the constitutionality or unconstitutional nature of

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Travers, Max. "Business as Usual? Bail Decision Making and “Micro Politics” in an Australian Magistrates Court." Law & Social Inquiry 42, no. 02 (2017): 325–46. http://dx.doi.org/10.1111/lsi.12264.

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Between the 1970s and 1990s, political scientists in the United States pursued a distinctive research program that employed ethnographic methods to study micro politics in criminal courts. This article considers the relevance of this concept for court researchers today through a case study about bail decision making in a lower criminal court in Australia. It describes business as usual in how decisions are made and the provision of pretrial services. It also looks at how traditionalists and reformers understood business as usual, and uses this as a critical concept to make visible micro politi

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Simon, Jonathan. "Uncommon Law: America's Excessive Criminal Law & Our Common-Law Origins." Daedalus 143, no. 3 (2014): 62–72. http://dx.doi.org/10.1162/daed_a_00288.

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This essay explores the role that U.S. criminal courts play in shaping the uniquely punitive social order of the United States. U.S. courts have long been defined against the common law of England, from which they emerged. In this essay, I consider the English legacy and suggest that while the United States does draw heavily from common-law traditions, it has also innovated to alter them, a process that has established a criminal justice system even more punitive than that of England.

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Van Cleve, Nicole Gonzalez. "Due Process & the Theater of Racial Degradation: The Evolving Notion of Pretrial Punishment in the Criminal Courts." Daedalus 151, no. 1 (2022): 135–52. http://dx.doi.org/10.1162/daed_a_01894.

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Abstract Most theorists assume that the criminal courts are neutral arbiters of justice, protected by the Constitution, the rule of law, and court records. This essay challenges those assumptions and examines the courts as a place of punitive excess and the normalization of racial abuse and punishment. The essay explains the historic origins of these trends and examines how the categories of “hardened” and “marginal” defendants began to assume racialized meanings with the emergence of mass incarceration. This transformed the criminal courts into a type of public theater for racial degradation.

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Bradley, Curtis A., and Laurence R. Helfer. "Treaty Exit in the United States: Insights from the United Kingdom or South Africa?" AJIL Unbound 111 (2017): 428–33. http://dx.doi.org/10.1017/aju.2017.96.

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Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive's authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respe

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Vasiu, Ioana, and Lucian Vasiu. "Criminal Copyright Infringement: Forms, Extent, and Prosecution in the United States." University of Bologna Law Review 4, no. 2 (2019): 229–60. https://doi.org/10.6092/issn.2531-6133/9782.

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This article highlights the importance of copyright industries for the developed economies and argues that criminal copyright infringement is a widespread offense, producing major economic losses for stakeholders, negatively impacting creativity, and raising significant cybersecurity and rule of law concerns. The article explains why there is a need for criminal protection of copyright protection and outlines the U.S. framework. In a comprehensive approach, based on a large corpus of data, consisting of cases brought to federal courts, in violation of Section 506 of Title 17 of the U.S. Code,

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Taak, Sangeeta. "The United States reluctance to join the international criminal law statute: an analysis." Forensic Research & Criminology International Journal 8, no. 5 (2020): 182–86. http://dx.doi.org/10.15406/frcij.2020.08.00326.

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The International Criminal Court statute (ICC statute hereinafter) is a treaty based and its jurisdiction is applicable on those states who signs and ratifies the statute. In order to explain the working of the International Criminal Court, it is necessary to define the jurisdiction to which it is applicable. Although the model of the International Court of Justice was available, yet no one had ever tried to create a court with such a wider scope and application. The Predecessor examples of the Nuremberg Tribunals, International Criminal Tribunal Yugoslavia (ICTY) and the International Crimina

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LE MON, CHRISTOPHER J. "Post-Avena Application of the Vienna Convention on Consular Relations by United States Courts." Leiden Journal of International Law 18, no. 2 (2005): 215–35. http://dx.doi.org/10.1017/s092215650500261x.

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Following the judgment of the International Court of Justice in the Avena case, US courts have had a mixed record in applying the decision domestically. In this article, I examine the treatment by US courts of claims by criminal defendants alleging Vienna Convention violations, subsequent to the Avena judgment. First, I discuss the two limited decisions so far taken by the US Supreme Court regarding the Vienna Convention, and briefly explain several of the judicially-created rules that have prevented most US courts from reaching the merits of Vienna Convention claims. Next, I analyse the ICJ j

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Al-Hassani, Hamed Hamid Kazem. "The role of the International Criminal Court in criminalizing Israeli attacks on the Palestinian people." ZAC Conference Series: Social Sciences and Humanities 1, no. 1 (2024): 182–97. http://dx.doi.org/10.70516/zaccsssh.v1i1.37.

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The International Criminal Court, which is governed by the Rome Statute, is the first permanent court established on the basis of a treaty established to hold accountable the perpetrators of the most serious crimes at the global level, such as war crimes, crimes against humanity, and genocide. On July 17, 1998, the work of the Diplomatic Conference on the Establishment of an International Criminal Court concluded with the approval of the adoption of the Statute of the Court. The International Criminal Court is a permanent and independent institution and is not considered one of the sections of

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van den Wyngaert, Christine. "Remarks by Christine van den Wyngaert." Proceedings of the ASIL Annual Meeting 111 (2017): 327–30. http://dx.doi.org/10.1017/amp.2017.142.

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As you can see, I'm a veteran in the field of international criminal justice, having served on all these courts. I came to The Hague in the year 2000 for the Arrest Warrant case at the International Court of Justice (ICJ), and looking back at that period, it feels like these were the halcyon years of international criminal justice. The International Criminal Tribunal for the former Yugoslavia (ICTY) was up to speed, the International Criminal Tribunal for Rwanda (ICTR). The International Criminal Court (ICC) had been created. The Rome Statute was brand new. States were exercising universal jur

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Wellford, Charles F. "Criminology and Criminal Law Reform : The Case Of Sentencing Reform in the United States." International Annals of Criminology 23, no. 1-2 (1985): 129–40. https://doi.org/10.1017/s0003445285008649.

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One distinctive characteristic of public policy in the United States in recent years is that is incorporates considerably more social science evidence then in earlier times. Where as Presidents once formulated economic policies based on advise from Wall Street, they are now more inclined to turn to Harvard or to the Brookings Institute. Similarly, national commissions that have addressed policy issues in virtually every major sphere of public concern have begun to draw heavily on scholarly research findings. Social science evidence is also being used in the United States more extensively in th

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Drumbl, Mark A. "Extracurricular International Criminal Law." International Criminal Law Review 16, no. 3 (2016): 412–47. http://dx.doi.org/10.1163/15718123-01603005.

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This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited c

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Singer, Alexa J., Cecilia Chouhy, Peter S. Lehmann, Jessica N. Walzak, Marc Gertz, and Sophia Biglin. "Victimization, Fear of Crime, and Trust in Criminal Justice Institutions: A Cross-National Analysis." Crime & Delinquency 65, no. 6 (2018): 822–44. http://dx.doi.org/10.1177/0011128718787513.

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Prior studies demonstrate that victimization and fear of crime independently affect criminal justice attitudes, but few have examined trust in criminal justice institutions. In addition, research has been primarily confined to the United States. Using data from the AmericasBarometer survey collected in the United States, Mexico, Argentina, and Brazil, the current study investigates the direct and indirect effects of criminal victimization and fear of crime on (a) perceived fairness of the courts, (b) trust in the police, and (c) overall trust in the criminal justice system. Results show that w

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Houghtalin, Marilyn, and G. Larry Mays. "Criminal Dispositions of New Mexico Juveniles Transferred to Adult Court." Crime & Delinquency 37, no. 3 (1991): 393–407. http://dx.doi.org/10.1177/0011128791037003006.

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One of the lingering controversies surrounding the juvenile justice system in the United States is the transfer of juvenile offenders to adult criminal courts, ostensibly for more severe dispositions. This issue especially has been of concern as the “get-tough” movement seemingly has gained momentum over the past two decades. This article examines the waiver process in New Mexico to establish the characteristics of the juveniles subject to the process and to determine the actual, instead of symbolic, criminal court dispositions of juveniles tried as adults.

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Scheingold, Stuart A., and Lynne A. Gressett. "Policy, Politics, and the Criminal Courts." American Bar Foundation Research Journal 12, no. 2-3 (1987): 461–505. http://dx.doi.org/10.1111/j.1747-4469.1987.tb00543.x.

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This case study of criminal process in a middle-sized western city in the United States employs quantitative data, interviews, and library research to explore the politics of criminal process and its impact on the operative policies of the criminal courts from I964 through 1980. The research reveals significant policy change but a very elusive relationship between politics and policy. Judges and prosecutors preserve a significant measure of autonomy for dealing with the bulk of their caseload by giving up much of their independence in those cases that are inescapably politicized. Both judges a

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J. Chriss, James, and Miyuki F. Tedor. "Improving Drug Courts: A Preliminary Study." Academicus International Scientific Journal 28 (July 2023): 89–109. http://dx.doi.org/10.7336/academicus.2023.28.05.

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Since the early 1980s, specialized problem-solving courts known as drug courts emerged in the United States as a response to the backlog of drug and alcohol-related cases plaguing the U.S. criminal justice system. In a few decades, with the seeming success of the drug court in helping AOD defendants achieve sobriety while reducing recidivism, the drug court model has achieved international prominence as well. This paper discusses a pilot study which seeks to analyze the feasibility of connecting a website, drughelp.care, developed at the host institution of the co-authors, to the everyday oper

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Koh, Harold Hongju. "The Case Against Military Commissions." American Journal of International Law 96, no. 2 (2002): 337–44. http://dx.doi.org/10.2307/2693928.

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In January 2002, Zacarias Moussaoui, a French national of Moroccan descent, pleaded not guilty in Virginia federal court to six counts of conspiring to commit acts of international terrorism in connection with the September 11 attacks on the Pentagon and the World Trade Center. In other times, it would have seemed unremarkable for someone charged with conspiring to murder American citizens and destroy American property on American soil to be tried in a U.S. civilian court. More than two centuries ago, Article I, Section 8, Clause 10 of the United States Constitution granted Congress the power

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Arno, Claudia. "Proportional Response: The Need for More—And More Standardized—Veterans’ Courts." University of Michigan Journal of Law Reform, no. 48.4 (2015): 1039. http://dx.doi.org/10.36646/mjlr.48.4.proportional.

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Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which c

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22

Ivanov, A. V. "The supranational character of decisions of international judicial institutions." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 589–93. http://dx.doi.org/10.24144/2788-6018.2024.03.100.

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The article examines the supranational nature of the decisions of international judicial institutions. Throughout history, and especially since the second half of the twentieth century, the role of courts has gone beyond national borders. The result of this was the formation of judicial mechanisms that direct their decisions across international borders and supposedly have a higher legal force than the decisions of the courts of individual countries. Among these: the International Court of Justice of the United Nations (decides, in accordance with international law, legal disputes of states re

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Perveen, Afroza. "The Relationship between International and National Courts in Prosecuting International Crimes: The Principle of Complementarity Perspective." International Journal of Science and Business 3, no. 1 (2019): 136–55. https://doi.org/10.5281/zenodo.2654556.

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For protection of human rights and deter the future crimes, criminal prosecution is only the one way. In this perspective, the establishment of the International Criminal Court is a great achievement in the field of international criminal law. However, the perception of the international scholars, the relationship between international criminal court and the national court is ambiguous. Complementarity nature of the ICC is considered as an enemy of state sovereignty in the eye of international criminal lawyers. Although the principle of complementarity put some challenges to state sovereignty,

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Logvynenko, M. I., and M. G. Shunko. "Comparative characteristics of intellectual property judges: Ukraine, United Kingdom, USA." Legal horizons, no. 23 (2020): 107–11. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p107.

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The article deals with the comparative characterization of specialized courts for the protection of intellectual property rights in Ukraine and developed foreign countries, such as Great Britain and the USA. The article deals with the historical background of the creation of a specialized court on intellectual property in Ukraine, as well as the legal systems in the field of protection of intellectual property rights of Great Britain and the USA, the analysis and consideration of the current judicial systems – in the consideration of civil and criminal cases in the field of intellectual proper

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Bradley, Curtis A. "Attorney General Bradford’s Opinion and the Alien Tort Statute." American Journal of International Law 106, no. 3 (2012): 509–30. http://dx.doi.org/10.5305/amerjintelaw.106.3.0509.

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In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. That document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone. In the opinion, Bradford concluded that “[s]o far ... as the transactions complained of originated or took place in a foreign country, they are not within the cognizance of our courts; nor can the actors be legally prosecuted or punished for them by the Unit

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Vaughn, Michael S., and Rolando V. del Carmen. "The Fourth Amendment as a Tool of Actuarial Justice: The “Special Needs” Exception to the Warrant and Probable Cause Requirements." Crime & Delinquency 43, no. 1 (1997): 78–103. http://dx.doi.org/10.1177/0011128797043001005.

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This article applies the concept of actuarial justice to the “special needs” exception to the Fourth Amendment warrant and probable cause requirements. According to the United States Supreme Court, the “special needs” exception should only apply when the routine interests of law enforcement are not implicated. Lower courts, however, have been instrumental in extending the administrative search doctrine of “special needs” into the realm of criminal law enforcement. The article concludes that as part of the broader movement in criminal justice toward managerial efficiency, the “special needs” ex

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Ahlin, Eileen M., and Anne S. Douds. "If You Build It, Will Vets Come? An Identity Theory Approach to Expanding Veterans’ Treatment Court Participation." Criminal Justice Review 45, no. 3 (2020): 319–36. http://dx.doi.org/10.1177/0734016820914075.

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Veterans’ treatment courts (VTCs) provide a veteran-centric diversion option to traditional court case processing. These courts have proliferated across the United States without much consideration about whether veterans want, or need, a specialty court. In this article, we investigate the underlying importance of a veteran identity in the decision to enroll in a VTC. Based on in-depth qualitative interviews with veterans, we identify four primary implications for practitioners. First, veterans are ashamed of their criminal justice involvement. Second, they are concerned about increased puniti

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Jacobs, Brian A. "A Good Sentencing Precedent is Hard to Find." Federal Sentencing Reporter 32, no. 3 (2020): 138–44. http://dx.doi.org/10.1525/fsr.2020.32.3.138.

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In federal criminal cases, federal law requires that judges consider the sentences other courts have imposed in factually similar matters. Courts and parties, however, face significant challenges in finding applicable sentencing precedents because judges do not typically issue written sentencing opinions, and transcripts of sentencings are not readily available in advanced searchable databases. At the same time, particularly since the Supreme Court’s 2005 decision in United States v. Booker, sentencing precedent has come to play a significant role in federal sentencing proceedings. By way of e

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Febrian, Febrian, Lusi Apriyani, and Vera Novianti. "Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States." Sriwijaya Law Review 5, no. 1 (2021): 143. http://dx.doi.org/10.28946/slrev.vol5.iss1.881.pp143-162.

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In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million ru

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Savka, O. I. "Criminal law regulation of private military and security companies in the USA." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 321–30. http://dx.doi.org/10.33663/2524-017x-2023-14-321-330.

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The article examines the criminal law regulation of private military and security companies in the United States. The genesis of the emergence of private military and security companies, their functions and principles of activity are considered. The author analyzes the legislative framework that defines the status and position of private military and security companies in the United States. The legal relations of US government agencies with private military and security companies are studied. The author analyzes the US regulations on the joint activities of the US Department of Defense, the De

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Halberstam, Malvina. "In Defense of the Supreme Court Decision in Alvarez-Machain." American Journal of International Law 86, no. 4 (1992): 736–46. http://dx.doi.org/10.2307/2203790.

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In United States v. Alvarez-Machain, the Supreme Court sustained the jurisdiction of a U.S. court to try a Mexican national, charged with various counts of conspiracy, kidnaping and the murder of a U.S. drug enforcement agent in Mexico, even though his presence in the United States was the result of abduction rather than extradition pursuant to the Extradition Treaty between the United States and Mexico. The Court did not hold, as widely reported in the media, that the Treaty permits abduction, that abduction is legal, or that the United States had a right to kidnap criminal suspects abroad. O

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Fekolli, Saimir, Ervis Çela, and Endi Kalemaj. "Approach of Albanian legislation to minors in conflict with the law in a comparative perspective." Social and Legal Studios 7, no. 4 (2024): 18–27. https://doi.org/10.32518/sals4.2024.18.

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The purpose of this study was to identify the specifics of Albaniaʼs legislative approach to minors in conflict with the law in comparison with other countries to identify unique and common features. For this, the study examined and compared the general provisions of the Albanian legislation on minors in conflict with the law with the legislation of Italy, France, Germany, and the United States. It was found that Albania, like many European countries, seeks to preserve a humanistic approach to the juvenile justice system, focusing on social rehabilitation and avoidance of imprisonment wherever

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Bamgbose, Oludayo John. "Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America." International Journal of Legal Information 46, no. 2 (2018): 110–19. http://dx.doi.org/10.1017/jli.2018.24.

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A decade after the inauguration of the national working group on the reform of criminal justice administration in Nigeria by the then Attorney General of the Federation, Chief Akin Olujinmi, SAN, Nigeria was presented with a newly signed law—Administration of Criminal Justice Act (ACJA), which was a direct response to the growing call for reforms that would address the plethora of problems confronting the administration of the criminal justice system in Nigeria. The 495-section law harmonized the existing two principal laws: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC

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King, Nancy J., and Brynn E. Applebaum. "Alleyne on the Ground." Federal Sentencing Reporter 26, no. 5 (2014): 287–97. http://dx.doi.org/10.1525/fsr.2014.26.5.287.

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This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the rule announced in the Court’s 2000 ruling, Apprendi v. New Jersey. To apply Alleyne, courts must for the first time determine what constitutes a minimum sentence and when that minimum is mandatory. These questions have proven particularly challenging in states that authorize indeterminate sentences, when statutes that delay the timing of eligibility for release are keyed to jud

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Hemmens, Craig, Cortney Dalton, and Christopher Dollar. "Recent Legal Developments: Criminal Justice Decisions of the United States Supreme Court, 2020 Term." Criminal Justice Review 47, no. 1 (2021): 5–16. http://dx.doi.org/10.1177/07340168211059518.

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In this paper we review and analyze the criminal justice-related decisions of the 2,020 term of the United States Supreme Court. We also provide a summary of the Court’s voting patterns and opinion authorship. Thirteen of the Court’s 57 decisions touched on criminal justice. There were significant decisions involving the Fourth Amendment, the Eighth Amendment, and federal criminal statutes. Each of these is discussed in turn.

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Martin, Kerry. "Jail By Another Name: ICE Detention of Immigrant Criminal Defendants on Pretrial Release." Michigan Journal of Race & Law, no. 25.2 (2020): 147. http://dx.doi.org/10.36643/mjrl.25.2.jail.

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This Article assesses the legality of an alarming practice: Immigration and Customs Enforcement (ICE) routinely detains noncitizen criminal defendants soon after they have been released on bail, depriving them of their court-ordered freedom. Since the District of Oregon’s decision in United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or. 2012), a growing group of federal courts has held that when ICE detains federal criminal defendants released under the Bail Reform Act (BRA), it violates their BRA rights. These courts have ordered that the government either free the defendants from I

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Purba, Andika Temanta, and T. Keizerina Devi Azwar. "PERBANDINGAN KASUS PERTANGGUNGJAWABAN PIDANA KORPORASI TERHADAP KECELAKAAN LALU LINTAS DI INDONESIA DAN AMERIKA SERIKAT." Res Nullius Law Journal 6, no. 2 (2024): 82–97. http://dx.doi.org/10.34010/rnlj.v6i2.11892.

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Corporations are often overlooked in legal developments and participation in legal construction, making them vulnerable to access to justice. Corporations must obtain the same rights as humans in accordance with the legislation on corporations as legal subjects. This is to ensure fairness for those working within the company. The purpose of this research is to examine, discover facts, and analyze criminal liability for corporations regarding their vehicles involved in traffic accidents and to make a legal comparison between Indonesia and the United States. The method used is a type of normativ

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Buxbaum, Hannah L. "National Courts, Global Cartels: F. Hoffman-LaRoche Ltd. v. Empagran, S.A. (U.S. Supreme Court 2004)." German Law Journal 5, no. 9 (2004): 1095–106. http://dx.doi.org/10.1017/s2071832200013109.

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In its most recent term, the United States Supreme Court heard a case arising out of the activities of a price-fixing cartel in the vitamins market. The defendants were a number of major international pharmaceuticals companies, including F. Hoffman-LaRoche, Rhone-Poulenc, Daiichi Pharmaceutical, and BASF, that had fixed prices for bulk vitamins and vitamin pre-mixes in markets around the world. The cartel, which has been described as “probably the most economically damaging cartel ever prosecuted under U.S. antitrust law,” is estimated to have affected over $5 billion of commerce worldwide. Pr

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Wadkins, Theresa, and Julie Campbell. "Drug Court Recidivism in the Rural Midwest: A 3-Year Post-Separation Analysis." Journal of Drug Issues 51, no. 3 (2021): 407–19. http://dx.doi.org/10.1177/0022042621993071.

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Substance abuse continues to be a pressing social problem in the United States today. As the country battles an opioid epidemic, many jurisdictions have adopted the problem-solving court model in response. These specialized courts, known as drug courts, offer a rehabilitative approach to offender management. Drug courts balance substance abuse rehabilitation with community-based supervision and operate with the philosophy that addressing the addiction will result in a decrease in criminal offending. The current study examines the recidivism rates for 50 participants who have been separated (i.

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NEAGU, NOREL. "The Ne Bis in Idem Principle in the Interpretation of European Courts: Towards Uniform Interpretation." Leiden Journal of International Law 25, no. 4 (2012): 955–77. http://dx.doi.org/10.1017/s0922156512000520.

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AbstractAs a result of the extension of the jurisdiction of the Court of Justice of the European Union over the former third pillar (Police and Judicial Cooperation in Criminal Matters), several cases were referred to the Court for interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters, especially the ne bis in idem principle. This principle was also addressed in the case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the Supreme Court of the United States. While addressing the problem at international

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Krcmaric, Daniel. "Nowhere to Hide? Global Policing and the Politics of Extradition." International Security 47, no. 2 (2022): 7–47. http://dx.doi.org/10.1162/isec_a_00444.

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Abstract Global policing efforts go far beyond combatting terrorism. The United States has tracked down war criminals in the former Yugoslavia, prosecuted Mexican drug kingpins in U.S. courts, transferred a Congolese warlord to the International Criminal Court, and even invaded foreign countries to apprehend wanted suspects. Likewise, Chinese police and intelligence forces crisscross the globe engaging in surveillance, abductions, and forced repatriations. But global policing activities are hard to study because they tend to occur “in the shadows.” Extradition treaties—agreements that facilita

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Smith, Bradford L. "In Re Letter of Request from Crown Prosecution Service of United Kingdom." American Journal of International Law 83, no. 4 (1989): 929–33. http://dx.doi.org/10.2307/2203384.

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Appellant, Thomas J. Ward, appealed a district court decision appointing commissioners to obtain evidence sought by the Crown Prosecution Service of the United Kingdom (Crown Service). The district court had appointed the commissioners pursuant to 28 U.S.C. §1782 (1982), to depose in the United States certain third-party witnesses with knowledge relevant to a criminal investigation in the United Kingdom. On review, the Court of Appeals for the District of Columbia Circuit (per Ginsburg, J.) affirmed the district court’s decision and held: that 28 U.S.C. §1782 authorized the appointment of the

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Litman, Leah. "Judge Gorsuch and Johnson Resentencing (This is Not a Joke)." Michigan Law Review Online, no. 115 (2017): 67. http://dx.doi.org/10.36644/mlr.online.115.judge.

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Jan Crawford has reported that President Donald Trump is strongly considering appointing Judge Neil Gorsuch of the United States Court of Appeals for the Tenth Circuit to the U.S. Supreme Court. I do not know Judge Gorsuch, but I do know his opinion in Prost v. Anderson, which is a rather wonky case on a somewhat technical area of federal habeas law. Prost provides an interesting insight into Judge Gorsuch’s jurisprudence. The case concerns an issue on which the courts of appeals disagree, so it provides a nice glimpse into how Judge Gorsuch might address matters that are reasonably susceptibl

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Mujuzi, Jamil Ddamulira. "The Right to a Fair Trial in Criminal Proceedings and the United Kingdom Courts’ Recognition of Foreign Convictions from non-eu Member States." International Human Rights Law Review 4, no. 1 (2015): 81–103. http://dx.doi.org/10.1163/22131035-00401004.

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This article discusses three cases from China, India and Morocco in which courts in the United Kingdom have considered the issue of previous convictions for the purposes of sentencing and considering the issue of whether the accused is of bad character. The author highlights the different approaches taken by the different courts and argues that there is a need for guidelines to be developed for courts to follow in deciding whether or not to admit convictions from courts outside the European Union. This would strengthen the accused’s rights to a fair trial in criminal proceedings.

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Komissarov, Mykola, and Natalia Komissarova. "PECULIARITIES OF CRIMINAL LIABILITY OF MILITARY PERSONNEL IN NATO MEMBER COUNTRIES." Науковий вісник Київського інституту Національної гвардії України, no. 1 (June 30, 2025): 117–24. https://doi.org/10.59226/2786-6920.1.2025.117-124.

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The article examines the legal regulation of criminal liability of military personnel in NATO member countries through a comprehensive comparative legal analysis. This research investigates the diverse approaches to military criminal legislation across the Alliance, identifying both common elements and distinctive features in the legal mechanisms for prosecuting military personnel. The study reveals that NATO member states have developed two primary models of military criminal legislation: countries with separate military criminal codes (such as the United States, United Kingdom, Poland, and T

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Mnookin, Jennifer. "Science, justice, and evidence." Science 382, no. 6672 (2023): 741. http://dx.doi.org/10.1126/science.adm8834.

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Courts in the United States have increasingly relied on scientific evidence and expert testimony to help resolve questions of fact. On 1 December 2023, amendments to Federal Rule of Evidence 702 will take effect, further clarifying the court’s responsibilities as a gatekeeper for expert evidence. This update comes just a few months after the 30-year anniversary of the Supreme Court’s landmark decision on how federal judges should evaluate scientific evidence. Daubert v. Merrell Dow was hailed as a victory for the use of scientific information in the legal system and certainly cast a much-neede

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Boreiko, Halyna, and Vira Navrotska. "Abuse of the right to prosecution in criminal proceedings: The experience of Ukraine and the United States." Social Legal Studios 6, no. 4 (2023): 38–47. http://dx.doi.org/10.32518/sals4.2023.38.

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Unfair use of the prosecutorʼs discretionary powers leads to violations of the rights, freedoms, and legitimate interests of a person. Examining the main ways of abusing the right to prosecution will help prevent negative manifestations in criminal proceedings that hinder the performance of its tasks. The purpose of the study is to identify specific examples of unfair behaviour by prosecutors in Ukraine and the United States during criminal proceedings. The paper uses a set of methods of scientific knowledge: abstraction, analysis, synthesis, comparative legal, formal legal, modelling methods.

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Kim, Jong Goo. "Presidential Immunity in the United States: Legal Precedents and Implications - Focusing on the Trump v. United States (2024) Decision." National Public Law Review 21, no. 2 (2025): 141–68. https://doi.org/10.46751/nplak.2025.21.2.141.

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In order to ensure the unique role of the presidency and the smooth performance of presidential duties, Article 84 of the Korean Constitution provides the President with immunity from criminal prosecution while in office, except in cases of insurrection or treason. However, it does not grant the President a separate form of immunity. The U.S. Constitution does not explicitly provide for presidential immunity or non-prosecution, but in the United States, a doctrine of presidential immunity has been recognized within certain limits through judicial precedents. Over the years, the U.S. Supreme Co

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Dunford, David, and Andrew Haag. "Review on the effectiveness of Canadian and American mental health courts." International Journal of Risk and Recovery 3, no. 2 (2020): 28–42. http://dx.doi.org/10.15173/ijrr.v3i2.4112.

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Objective: This systematic review synthesizes mental health court (MHC) research across the United States and Canada. This study reviews and compares the operations and practices of MHCs across both countries, as well as their recidivism rates. Methods: We gathered from existing literature to present common MHC practices used across the United States. However, in response to the lack of literature about Canadian day-to-day practices, we developed a questionnaire and contacted every Canadian MHC. In total, we contacted 36 Canadian MHCs, and 19 courts filled out a questionnaire. With respect to

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Cassel, Douglass. "Commentary: Judicial Remedies for Treaty Violations in Criminal Cases: Consular Rights of Foreign Nationals in United States Death Penalty Cases." Leiden Journal of International Law 12, no. 4 (1999): 851–88. http://dx.doi.org/10.1017/s0922156599000448.

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Litigation over the right of detained foreign nationals to be notified of their right to seek consular assistance in death penalty cases is important to the more than 80 foreign nationals currently on death row in the United States. It also raises more general questions about the role of international law and of international courts in sensitive criminal cases before national courts. International courts and litigants may enhance the likelihood of compliance in such cases by insisting on fair and deliberate procedures, on transparent and thoroughly articulated reasoning, and on prudent shaping

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