Soviet criminal law

LL.B., Harvard Law School 1966; M.A., Harvard University 1966.     

Developments in criminal law and criminal justice

LL.B., Victoria University of Wellington 1969; J.S.M., Stanford University 1972.     

Developments in criminal law and criminal justice

Conclusion It follows from what has been said above that history, principle, and authority combine to compel the conclusion that § 80's guarantee of trial by jury precludes a verdict of guilty being returned in a trial upon indictment of an offence against a law of the Commonwealth otherwise than by the agreement or consensus of all the jurors. That being so, § 57 of the Juries Act, 1927, cannot, consistently with § 80, operate to authorize the conviction of either of the appellants by a majority verdict. Their convictions were unconstitutional and must be set aside.The appeal should be allowed. The orders of the South Australian Court of Criminal Appeal should be set aside and in lieu thereof it should be ordered, in the case of each appellant, that the appeal to that court be allowed, that the conviction be quashed and a new trial ordered.B.A., Columbia University 1972; J.D., Hofstra University 1975.     

Developments in criminal law and criminal justice

Developments in criminal law and criminal justice     

Solomon Islands: criminal law

In India, women are entering the formal labour workforce in unprecedented numbers, yet as a proportion of the workforce, the percentage of women workers is declining [Twelfth Five Year Plan (2012–17), Planning Commission, Government of India, Volume III – Social Sectors; Table 22.8 at page 133 notes that the labour force participation rate of women workers has declined both in the rural as well as in the urban areas from 2004–05 to 2009–10]. More than ever before, India as a country of contradictions presents a challenge to women in the work force. Deep-rooted ideologies of gender bias and discrimination remain the most pervasive and persistent form of inequality in the world today. The global economic crisis, characterised by increasing de-regularisation, privatisation and outsourcing of jobs down the supply chain is leading to a transformation of employment relationships. These changes resonate in Indian workplaces as well, creating a counter movement towards the invisibilisation of workers, more particularly women, what we call in India the movement of women workers from the formal sector to the informal sector. The rapidly changing work environment also reinforces the increasing importance of job security, social protection, decent work, financial regulation and fair taxation as the key to a more just world order enhancing the participation of women in the workforce. It is in this context that we must view the emerging challenges that working women face. In the light of these developments, there is, more than ever before, a pressing need for the rights of women to be respected, protected and fulfilled, particularly in the workplace. The right to work encompasses the right to work free from sexual harassment. This article examines the key provisions of the Sexual Harassment at The Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013 Act) and the Sexual Harassment at The Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (The Rules) [The 2013 Act came into force on 9 December 2013, vide notification issued by the Central Government (S.O. 3606(e)). On the same date, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 have also been notified]. The article scrutinises some of the weaknesses and strengths of the said law and it is from this perspective that it approaches the rights of working women, attempting to include within this rubric the widest possible range of women.     

试论刑事政策与国际刑法的关系

刑事政策是对犯罪有组织的反应,国际刑法以研讨国际犯罪为己任,对国际犯罪的研究需要以刑事政策为视角。本文通过分析刑事政策的含义及其国际化特征与国际刑法的发展方向,在刑事政策的视野下,揭示国际刑法的发展趋势——刑事政策的国际刑法化与国际刑法的刑事政策化,进而把握刑事政策与国际刑法两者的契合性。     

Forensic neuropsychology and the criminal law

This article explores theoretical and empirical issues in the application of clinical neuropsychological evidence to forensic issues in the criminal law. The nature of forensic neuropsychological evaluations is discussed with reference to issues of competency to stand trial, criminal responsibility, and other competencies in the criminal process. Examples of specific disorders relevant to criminal law standards are presented, together with data estimating the prevalence of brain dysfunction in criminal and forensic populations. Research is also reviewed on the role of neuropsychological brain dysfunction in the etiology of violence and criminally relevant behavior. Finally, empirical and ethical issues concerning the applicability and admissibility of forensic neuropsychological data in the criminal context are discussed.     

Theme and variations on criminal law

B.A., City College of New York 1973; J.D., American University 1976; LL.M., New York University 1980.     

Class bias in the criminal law

Crime, Law and Social Change -     

European criminal law and European identity

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty (TE), which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice (ECJ) that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT (and related judgements of the ECJ) may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar.