The internationalization of U.S. Criminal Law Enforcement

B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972.     

Stocktaking after two sessions of the commission on Crime Prevention and Criminal Justice

B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972. Professor Clark was a member of the former United Nations Committee on Crime Prevention and Control and represented New Zealand as an observer at the first two meetings of the United Nations Commission on Crime Prevention and Criminal Justice. Any views expressed here are his own.See generally Roger S. Clark,United Nations Crime Prevention and Criminal Justice Program: Formulation of Standards and Efforts at Their Implementation (forthcoming 1994).     

Developments in criminal law and criminal justice

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

REVIEWS

The Worker and the Law. First edition. By Professor K. W. Wedderburn, M.A., LL.B. The Restrictive Practices Court. By R. B. Stevens and B. S. Yamey. Sale of Goods. By G. H. L. Fridman, B.C.L., M.A. (Oxon), LL.M. (Adelaide). Casebook on Sale of Goods. By E. R. Hardy Ivamy, LL.B., PH.D. Charlesworth's Company Law. Eighth edition. By T. E. Cain, M.A., Barrister-at Law. Essentials of Mercantile Law. By Kenneth Smith and Denis J. Keenan. International Law. By D. P. O'Connell. The Sources and Evidences of International Law. By Clive Parry. Rights in Air Space. By David Johnson. The Law and Practice of the International Court. By Shabtai Rosenne. The Constitutions of the Australian States. Second edition. By R. D. Lumb, LL.B.(Melb.), D.PHIL.(Oxon), Senior Lecturer in Law, University of Queensland. Law and Orders. By Sir Carleton Kemp Allen. Third edition. The Language of the Law. Selected and edited by Louis Blom-Cooper, assisted by Edward Jackson, with a Foreword by Lord Radcliffe. The Rent Act 1965. By Ashley Bramall, M.A., Barrister-at-Law. Matrimonial Offences with particular reference to the Magistrates' Courts. By Lionel Rosen, LL.M., PH.D.(lond.), Solicitor Second Edition. Politics and Law. By Gerhard Leibholz, Justice Associate of the Federal Constitutional Court in Karlsruhe, Professor at the University of Göttingen, Titular Professor at the College of Europe at Bruges.     

Soviet criminal law

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

The argot of the gulag

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

Alternatives to imprisonment in Kenya

Conclusion In spite of the wide variety of sentencing options available in Kenya, the courts overwhelmingly choose to sanction by imprisonment. Even default on the payment of a fine can lead to a prison term where extramural penal employment would at the very least be more economical and more beneficial to the community. In my view, the main purpose of penal policy is to provide an opportunity for the offender to reintegrate himself or herself into society and to rectify the damage both to the victim and to society caused by the crime. Imprisonment frustrates these objectives and should be reserved for habitual serious offenders and for grave offenses that do not readily lend themselves to alternative sanctions. Even in such cases, however, compensation can be ordered in addition to a prison term.Settlement, restitution, and similar approaches should become routine for all minor offenses. Putting primary reliance on alternative sanctions should produce considerable savings in costs and in manpower, alleviating some of the pressure now experienced by an overburdened criminal justice system. To derive the greatest benefit from alternative sanctions, we need also to review and integrate indigenous traditions of community-based dispute resolution into the statutory structure.This is a revised version of a paper presented at a sentencing workshop organized by the Society for the Reform of Criminal Law, the Legal Resources Foundation, and the Law Development Commission, Victoria Falls, Zimbabwe, September 1–5, 1993.I am grateful to Professor Daniel Van Ness, Legal Advisor on Criminal Justice to the Government of Malta; and to Madeleine Sann, Director of Publication,Criminal Law Forum, for their suggestions.M.S., Vikram University (Ujjain, India) 1968; LL.B., Vikram University 1975; LL.M., University of London 1976.     

REVIEWS

Book reviewed in this article: Lives of the Lord Chancellors , 1885–1940. By R. F. V. Heuston On Justice in Society . By Morris Ginsberg The Disinherited and the Law. By Dagobert D. Runes The Law of Quasi -Contract . By S. J. Stoljar , LL.B., LL.M., PH.D. Conveyancing Contracts , Conditions of Sale and Title . By J. T. Farrand , LL.B., Solicitor The Borderland of Criminal Justice . Essays in Law and Criminology. By Francis A. Allen , University Professor in the Law School at the University of Chicago Crime and the Community . A Survey of Penal Policy in New Zealand Völkerrecht . By Ignaz Seidl -Hohenveldern Federal Conflict of Interest Law . By Bayless Manning     

Criminal law theory and criminal code reform

M.A., University of Tartu 1979; Ph.D., All-Union Institute of Criminology (Moscow) 1986; LL.M., Columbia University 1993.     

Reviews

The Letters of Frederic William Maitland. Edited by C. H. S. Fifoot. Chitty & Jacob's Queen's Bench Forms. Nineteenth edition. By I. H. Jacob, LL.B. Studies in Criminal Law. By Norval Morris and Colin Howard. Ventures in Criminology. Selected Recent Papers. By Sheldon and Eleanor Glueck. Hendrick the Axe Collector. A Study in juvenile criminal guilt. By Denis Hart. Forgery Detection–A Practical Guide. By Wilson R. Harrison, M.SC., PH.D. The Law of Carriage by Inland Transport. Fourth Edition. By Otto Kahn-Freund, M.A., LL.M., DR.JUR., with the assistance of John Hucker, LL.B. Chalmers on Bills of Exchange. Thirteenth edition. By David A. L. Smout. Carver's Carriage by Sea. Eleventh edition. By Raoul P. Colinvaux. Scrutton on Charter Parties and Bills of Lading. Seventeenth edition. By Sir W. L. McNair, Sir A. Mocatta and M. J. Mustill. Developments in the Law of the Sea, 1958–1964. The British Institute of International and Comparative Law: International Law Series No. 3. Linje-Konferanser og Kartell-Lovgivning. (With summary in English.) By Arvid Frihagen. The Sources of the Law of International Trade, with Special Reference to East-West Trade. Edited by Clive M. Schmitthoff. The Changing Structure of International Law. By Wolfgang Friedmann. Protection of Human Rights under the Law. By Gaius Ezejiofor. Conflict of Interests. International Law in a Divided World. By Rosalyn Higgins. The Law of Delict. Sixth edition. By R. G. McKerron. [Cape Town: Juta & Co. Ltd. Stocked and distributed in the United Kingdom An Outline of the Constitutional Development of Malta under British Rule. By Professor the hon. J. J. Cremona, LL. D., B. A. (Malta), B. A. (Lond), PH. D. (Lond.), D. Litt.(Rome), F. R. Hist. S., Attorney-General and Member of the Consultative Council, Malta.     

Reviews

The Enforcement of Morals. By Patrick Devlin. Legal Systems and Lawyers' Reasonings. By Julius Stone. Law in Society. By Geoffrey Sawer. [London: Oxford University Press. Clarendon Law Series: edited by H. L. A. Hart. Advocacy in Our Time. By O. C. Mazengarb, C.B.E., Q.C., M.A., LL.D. Salmond on the Law of Torts. Fourteenth edition. By R. F. V. Heuston, M. A., LL. B., Professor of Law in the University of Southampton, of Gray's Inn and King's Inn, Dublin, Barrister-at-Law. Jurisdiction and Illegality. By Amnon Rubinstein. Die Erforschung des Sachverhalts im Prozess. By Erich Döhring, Professor at the University of Kiel. A Casebook of Administrative Law. By J. A. G. Griffith and H. Street. Tribunals and Inquiries―A Guide to Procedure. By Neville D. Vandyk. Capital Gains Tax. By G. S. A. Wheatcroft, assisted by A. E. W. Park and John E. Talbot. Corporation Tax. By Peter M. B. Rowland and John E. Talbot with Annotations to Finance Act 1965 by S. Michael Young and John Silberrad. Disarmament and International Law. By Allan Gotlieb. United Nations Forces. By D. W. Bowett with the assistance and collaboration of Dr. G. P. Barton, H. C. Carnegic, Wing-Commander A. E. Cobus, J. G. Collier, M. Hardy, Dr. Rosalyn Higgins and Professor L. B. Sohn. The Theory of Nationalisation. By Konstantin Katzarov. Criminal on the Road. A Study of Serious Motoring Offences and those who commit them. By T. C. Willett. Curtis and Ruoff on The Law and Practice of Registered Conveyancing. Second edition. By Theodore B. F. Ruoff, C.B.E., Chief Land Registrar. Banking Law for Trustee Savings Banks. By C. L. Lawton, Barrister-at-Law. The Practitioner's Guide to Hire-Purchase Cases. By Harold Brown, Q.C. The Mercantile and Industrial Law of Scotland. By J. J. Gow. The Quantum of Damages in Bodily and Fatal Injury Cases. Second edition. By M. M. Corbett and J. L. Buchanan. Law Relating to Hospitals and Kindred Institutions. Fourth edition. By S. R. Speller, O.B.E., LL.B. Introduction to Modern Hindu Law. By J. Duncan M. Derrett, M.A., PH.D., of Gray's Inn, Barrister-at-Law, Professor in Oriental Laws in the University of London, Tagore Professor of Law for 1953, University of Calcutta. Le Droit de Visits des Parents Séparés de leurs Enfants en Suisse, en France et en Allemagne. By Maurice Marthaler. A Deliktuális Felelösség a Társadalom és a Jog Fejlödésének Történetében (Delictual Liability in the History of the Evolution of Society and Law). By Ferenc Mádl. Das Deutsche Seerecht. First edited by Georg Schaps and others. Third edition. By Hans Jürgen Abraham. Criminal Law in Nigeria (excluding the North). By C. O. Okonkwo and M. E. Naish.     

REVIEWS

Civility and Disobedience. By Burton Zweibach. Conspiracy and Civil Liberties: a Cobden Trust Memorandum. Scrutton on Charterparties and Bills of Lading. Eighteenth ed. By Sir A. A. Mocatta, one of Her Majesty's Judges, Michael J. Mustill Q.C., and Stewart C. Boyd. Law of Banking. Sixth edition. By Lord Chorley Q.C., LL.D., M.A. assisted by J. Milnes Holden, PH.d., LL.D., A.I.B. The Fair Trading Act 1973. By J. P. Cunningham. Consumer Credit Act 1974. By R. M. Goode. Rights in Security. By L. A. Sheridan. Marknadsdomstolens Avgöranden 1971–73. The Legal Context of Social Work. By J. D. McClean. Social Security Law. By Harry Calvert. Industrial Tribunals. By K. Whitesides and G. Hawker. Legal Aid and World Poverty: A Survey of Asia, Africa and Latin America. By the Committee on Legal Services to the Poor in the Developing Countries. A Guide to the Law Affecting Mental Patients. By H. D. Venables. The Law of Husband and Wife in Scotland. By Eric M. Clive and John G. Wilson. References to the European Court: Practice and Procedure. By Francis Jacobs and Andrew Durand. Traite de Droit Compare, Tome II: La Methode Comparative. By Leontin-Jean Constantinesco. Verses from Lincoln's Inn. The House of Lords and the Labour Government 1964–1970. By Janet P. Morgan.     

The Canadian charter and the protection of international human rights

B.A., University of Alberta 1960; LL.B., University of Alberta 1961; LL.M., University of California at Berkeley 1963.     

Extenuating circumstances in capital offenses in Botswana

LL.B., University of East Africa 1968; M.C.J., Howard University 1970; LL.M., New York University 1971; J.S.D., New York University 1975.     

Recent New Zealand efforts to combat environmental crime

Conclusion The question is what legal tools are the most effective to deal with significant and continued attacks on finite environmental resources. Is there a risk that environmental statutes and monetary sanctions imposed thereunder will be seen merely as tiresome regulations carrying nominal penalties, the payment of which is no more than a legitimate cost of doing business? Will the fact that such statutes include, as an ultimate sanction, imprisonment alter this perception? Will resort to prosecution under the traditional criminal law of fraud on the public provide a substantial disincentive to environmental offending, where corporate officers can anticipate a criminal conviction and the loss of liberty in the event of detection?If the statement of the Court of Appeal in Walters is a guide, then the trend in New Zealand is likely to be imprisonment of offenders convicted of environmental crimes. Prosecutions under the Crimes Act will brand transgressors as criminals, and not as risk-taking entrepreneurs. The tools are available--which will the community use, a traditional criminal prosecution of environmental criminals, or prosecution under specific environmental statutes?This note is a revised version of a paper originally presented at the eighth international conference of the Society for the Reform of Criminal Law, Hong Kong, December 4–8, 1994.LL.B., Victoria University of Wellington 1971.     

REVIEWS

Justice of the Peace . By Leo Page . Third Edition by R. M. Jackson and P. J. Halnan . The Contribution of English Law to South African Law ; and the Rule of law in South Africa . By The Hon . O. D. Schreiner . The Oxford Law School : 1850–1965. By F. H. Lawson . Romilly . By Patrick Medd . The Judge as Lawmaker . By Frederic Reynold . Administrative Law . By J. F. Garner . The Modern Law of Real Property . Tenth Edition. By PrOfessor G. C. Cheshire . Principles of Property Law . By D. C. Jackson . The Law of Boundaries and Fences . By V. Powell -Smith . A Guide to Law and Practice under the Criminal Justice Act 1967. By David Napley . The Treaty -Making Power in the Commonwealth of Australia . By Günther Doeker . Law in the Study of Business . By Derek Roebuck, m. a ., m. com ., Faculty of Commerce and Administration, Victoria University of Wellington, New Zealand. The Common Market and the Common Law , By John Temple Lang . Law and the Social Order . By Morris R. Cohen . The Foundations of Political Theory . Second edition. By H. R. G. Greaves .     

Juvenile offenders

LL.B., Leeds University 1955; LL.M., University of Singapore 1963.     

Police informers and agents provocateurs: Accomplices or handmaidens of the law? Perspectives from the courts of eastern and southern africa

7. Conclusion The use of traps as an investigative technique has a long history. Today the police in many jurisdictions are resorting to them more and more to detect particularly complex crimes of an organized nature and, often, of a transnational character. Note should, however, be taken of the fact that the use of traps is not specifically provided for by statute and that it invariably involves violations of the law by those whose function it is to uphold and enforce the law. Moreover, as some of the cases discussed in this essay reveal, the use of traps may be very unfair to the accused to the extent of violating his or her constitutionally protected human rights. The courts have a bounden duty as watchdogs of those rights to be vigilant and to ensure that the police in their fight against crime do not turn into monsters. Professor of Law, University of Botswana, Gabarone, Botswana; LL.B., University of East Africa 1968; M.C.J., Howard University 1970; LL.M., New York University 1971; J.S.D., New York University 1975.     

Tales of law and morality

B.A. (hons.), Acadia University 1982; B.A. (juris.), Oxford University 1984; LL.B., Dalhousie University 1985; B.C.L., Oxford University 1986; M.A., Oxford University 1991.     

REVIEWS

Modern Trade Union Law. By Cyril Grunfeld. The Mental Element in Crime. By Glanville L. Williams. Cases on Criminal Law. By J. W. C. Turner and A. LI. Morbid Jealousy and Murder. A Psychiatric Study of Morbidly Jealous Murderers at Broadmoor. By Ronald Rae Mowat. The Accused: A Comparative Study. Edited and with an Introduction by J. A. Coutts, M.A., LL.B. The International Law of Fisheries. By Douglas M. Johnston. The New Nations in International Law and Diplomacy. Edited by William V. O'Brien. The Effect of Independence on Treaties. Edited by D. P. O'Connell. The Law of Hire-Purchase. By A. G. Guest. With Practice, Precedents and Pleadings by J. C. Tylor. Marine Cargo Claims. By W. Tetley, B.A., LL.L., of the Bars of Montreal and the Province of Quebec. Laytime. By Michael Brynmǒr Summerskill, M.A., B.C.L., A.C.I.I. Hudson's Building and Engineering Contracts. By I. N. Duncan Wallace, M.A. Land Drainage. By A. S. Wisdom. Outlines of Central Government. Including the judicial system in England. By John J. Clarke. Politics and Law. By Gerhard Leibholz, Justice Associate of the Federal Constitutional Court in Karlsruhe, Professor at the University of Göttingen, Titular Professor at the College of Europe at Bruges. Potter and Monroe's Tax Planning (with precedents). By D. A. Shirley and Stephen J. L. Oliver. La Proliferazione delle Riviste Giuridiche in Italia dopo il 1945. Dati e opinioni a cura di Angelo Grisoli. The International Academy of International Law Report presented to the VII International Congress of Comparative Law. Parental Custody and Matrimonial Maintenance. A Symposium. B.I.I.C.L. The Law and Practice of Administration of Estates. Fourth edition. By D. Meyerowitz. Business Law: By Neil Merritt and Howard Clayton.