...International Law: Valdez v. State of Oklahoma and the Application of International Law in Oklahoma1 I. Introduction “This court has before it a unique and serious matter involving novel legal issues and international law.”2 The Oklahoma Court of Criminal Appeals chose these words to describe Valdez v. State of Oklahoma,3 a case in which a Mexican national argued for postconviction relief from the death penalty on the basis of Article 36 of the Vienna Convention on Consular Relations (VCCR),4 to which the United States is a party. Significantly, Valdez made the Oklahoma Court of Criminal Appeals one of the first state courts to address Article 36 since the International Court of Justice (ICJ) decided Germany v. United States of America (LaGrand),5 in which the ICJ interpreted the controversial provision. Briefly stated, Article 36 grants foreign nationals the right to contact their consulate if they are arrested or detained in a foreign country.6 Such notification allows the consulate to provide legal assistance to the foreign national, who may speak another language or be unfamiliar with the foreign nation's legal system. As might be expected, local authorities sometimes fail to comply with Article 36. In the United States, such failures have prompted foreign nationals to file appeals based on what they consider to be a judicially enforceable right created by Article 36. However, U.S. courts have dismissed such appeals on the basis that Article 36 fails to...
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...Analysis of the Fifth Amendment Katrina Krolak, Katia Denis and Dan Mullen The University of Phoenix U.S. Constitution HIS 301 Georgia Mc Millen March 17, 2008 Introduction The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The Fifth Amendment “No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms. The Fifth Amendment specifically protects the citizen from self-incrimination...
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...Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime...
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...spirit of protecting human rights, criminal defense effectiveness is a practice to solve and important problem in theory have to consider. The current study are "cookie-cutter" to defend the effectiveness of implementation in the hope of improvement of the system of criminal procedural law on defense. Although the effects of related program design is an important factor in achieving effectiveness to defend, in today's defense system is increasingly perfect, defense effectiveness problem especially criminal entity effectiveness is cured, the most fundamental problem actually lies not in the program system is imperfect,...
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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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...in the fifth and fourteenth amendments. Due process rights are part of the:: Fifth Amendment. Expropriation is not: the act of state doctrine. Expropriation:: is the taking of private property by a government. Federal district courts have subject matter jurisdiction:: over criminal cases involving federal statutes. Foreign businesses conducting business within the United States:: are subject to both its civil and criminal laws. Gaining access to federal databases is a violation of the:: Federal Computer Fraud and Abuse Act. GATT is an example: of a multilateral treaty. GATT stands for the General Agreement on Tariffs and Trade, and is: an agreement among 100 countries to increase trade by reducing tariffs. 2. 25. 3. 26. 27. 28. 4. 5. 6. 7. A consent decree is comparable to: a nolo contendere plea A consent decree:: is the same as a plea of nolo contendere. A default in a lawsuit is like: a forfeit in sports. A federal district court has subject matter jurisdiction over cases in which: the United States is a party. A juror can be eliminated from a jury panel:: because one of the attorneys feels uncomfortable about the juror or his attitude. 29. 30. 31. 8. 32. 33. 9. A law that requires a review of the work of an agency and its effectiveness before the agency will be permitted...
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...to an article in the New York Daily News, in some neighborhoods in New York City approximately 9 in 10 people do not trust the police as a result of police contact (Durkin, 2013). While this distrust is believed to be linked to stop and frisk, it also stems from an overall distrust for the entity, especially in crime-ridded neighborhoods that are primarily comprised of minorities. In this paper I will analyze the issue of public distrust of law enforcement by determining how it occurs, its effects...
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...Process Paper Due process A New York State Supreme Court Justice traces the constitutional concept of due process to the English concept of "the law of the land" (W. McKechnie, 1914). Due process, is a judicial requirement stating that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual (Merriam-Webster). Due process of law is based on the idea that legal proceedings cannot interfere with life, liberty, or property unfairly. The Fifth and Fourteenth Amendments guarantee that one will be given notice of the proceedings and will have an opportunity to be heard prior to the seizure of life, liberty, or property.” Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land protecting individual persons from the state” (Wikipedia 2009). When a person gets harm by the government, the government has to follow the exact course of the law and if the government doesn’t follow, it will constitutes a due process violation that offends against the rule of law. Due process is traditionally divided into substantive and procedural categories. Substantive due process relates to general rights such as freedom of speech and privacy. Procedural due process relates to the right to an attorney, and other specifics associated with the procedures of legal proceedings. Adversarial system The...
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...Thesis: Canada's criminal justice system, specifically laws dealing with punishment, is far superior to that of the United States Canada and the United States of America are two neighboring countries who besides the border share numerous other key aspects. Though similar in beliefs and culture the two countries are far from alike. Their legal structure particularly the penal system is one of most significant boundaries between Canada and the United States. Though not perfect, it's absolutely clear that Canada has the far more superior legal system. Unlike the United States, Canada no longer practices capital punishment which is barbaric to say the least. Furthermore Canada's belief in conjunctive punishment is better with dealing with offenders than America's consecutive punishment. Finally Canada's goal to concentrate more on rehabilitating and educating criminals is far more effective and efficient in eradicating future crime then just incarcerating them. There are two main types of law, Substantive and Procedural. Substantive law creates, defines and regulates rights and obligations of citizens; in contrast procedural law prescribes the manner to enforce rights and obligations. (Dickson) Substantive law divides into Public law which in turn breaks up into four other laws including criminal law. Criminal law outlines all the acts that are regarded as offences to society and it consists of the penal system. The penal system is comprised of sets of punishments and sentences...
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...Nature of Law | Definition of Law “a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong’ (Blackstone)Functions of Law to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change. Legal Sanctions are means by which the law enforces the decisions of the courts.Law and Morals are different but overlapping; law provides sanctions, while morals do not.Law and Justice are separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good. | Classification of Law | Substantive and Procedural Law * Substantive Law: Law creating rights and duties. * Procedural Law: Rules for enforcing substantive law.Public and Private Law * Public Law dealing with the relationship between government and individuals. * Private Law governing the relationships among individuals and legal entities.Civil and Criminal Law * Civil Law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity. * Criminal Law establishing duties, which, if violated, constitute a wrong against the entire community. | Source of Law | Constitutional Law fundamental law of a government establishing its powers and limitations.Judical Law * Common Law body of law developed...
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...Title/ name of case and citation 2. Facts of the case 3. Issues 4. Decisions ( holdings) 5. Reasoning (rationale ) 6. Separate Opinions 7. Analysis TITLE/NAME OF CASE Eg: Macarthys v. Smith = who is opposing whom, name of person who initiated the legal action appears first CITATION Eg: Court of Appeal [1963] ALL E.R. 908 Court of Appeal = court where the case was heard [1963] = year the case was reported ALL E.R. 908 = All England Report = journal in which the report was published, and page FACTS OF THE CASE – in chronological order Events leading to the lawsuit, including identity of the parties* What happened in the lower court/s – procedural history Complaint/ allegations made by the plaintiff / charges The relevant law and why the case was thought to involve illegal conduct Evidence and arguments presented in court Lower court’s decisions/actions - Eg, defendant ordered to pay what, defendant convicted/acquitted, appeal denied, etc *The parties : Civil suit : plaintiff sue defendant, Eg Smith v. Macarthys (read as ‘smith and macarthys’) Criminal cases : government prosecute defendant Eg : R v Terry (read as ‘The Queen against Terry’) Appeal cases (civil or criminal), eg macarthys v. Smith Appellant = party making the appeal, name appears first Appellee = the opponent party ...
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...Chapter One – Individual Rights Under the United States Constitution I. History of Criminal Procedure a. The Magna Carta i. 1215 agreement between King John of England and English nobility creating certain civil rights. ii. Due process is referred to as "law of the land" and "legal judgment of peers." Some state constitutions continue to use these phrases. iii. A legal principle which states that no one should be deprived of life, liberty, or property except by proper legal proceeding. The principle is enshrined in the 39th clause of Magna Carta (1215) which provides that ‘no freeman shall be arrested or imprisoned or deprived of his freehold or outlawed or banished or in any way ruined, nor will we (ie the monarch) take or order action against him, except by the lawful judgment of his equals and according to the law of the land’. b. The United States Constitution iv. 1789 v. Bill of Rights – proposed in 1789 and ratified (became law) in 1791. vi. Chapter 1, Page 14 – Provisions of Bill of Rights – Table 1.2 vii. The notion of due process is also embodied in the Fifth and Fourteenth Amendments of the US Constitution, and in Articles 5 and 6 of the European Convention on Human Rights. viii. The reference in the 5th Amendment applies only to the federal government and its courts and agencies. The reference in the 14th Amendment extends protection of due process to all state governments...
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...Jeff Crowe Policing and Society Dr. Greenleaf March 6, 2015 Question 1 The broken windows theory in policing has changed the way many law enforcement agencies, along with the officers within them, have to look at crime. Police have always responded to crime, that is the belief and that has always been their job. What happens, though, when provided with an idea that expresses that crime can be more preventative just by looking at and involving the community to participate? Policing traditionally has always been a response unit, providing its’ service after the fact (after a crime has happened). The broken windows theory counters that traditional style by looking outside of the traditional criminal justice system to see how crime is generated and solutions to fix and prevent it (Trojanowics, 1994). The broken windows theory has views closely related to community policing: The quality of life, as the ultimate goal of policing (Carter & Sapp 1994; Joseph 1994; Kelling and Coles 1996; Skogan 1990; Trojanowics 1994). This type of policing has broadened the goal to assist communities to maintain a safe environment where basic institutions (families, schools, churches, commerce) can effectively operate and thrive within the community (Kelling and Coles 1996). Apprehending criminals is no longer the only focus among law enforcement. Police and their agencies must now adapt to look at what needs to be done to maintain the quality of life in communities as well as alleviate...
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.... What minimum legal level of disciplinary process A and B entitled to if Midwestern University decides to enforce its alcohol policy against A & B? To begin my analysis of this case I would first like to point out the fact that A, B, and C have all violated the state laws of Ohio in regard to underage drinking as the legal age to drink in Ohio from my knowledge and the case facts are 21 years of age. The alcohol policies at institutions of higher education mimic the state law of its location. At a minimum, the law requires colleges to: • “Provide students with information about the laws regulating alcohol and drug use, • Institute penalties for breaking local, state, federal, and campus rules, • Publicize the health risks associated with the abuse of alcohol, and • Make counseling, treatment, or rehabilitation programs available to the students” (FindLaw)...
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...Juvenile Justice Stephen Stivason Strayer University Juvenile Delinquency and Justice September 7, 2011 Introduction There is little doubt that there is a fundamental problem with the contemporary American approach to juvenile justice. That is because the focus of the U.S. juvenile justice system is heavily based on procedural safeguards that protect juvenile rights whereas there may be more important concerns. Certainly, the rights of juvenile defendants must be protected and sentences should continue to reflect the different needs and capacity for reform of juvenile offenders as compared to their adult counterparts. However, much more emphasis should be devoted to the prevention of juvenile crime by addressing fundamental factors believed to be responsible for it. From a cost-benefit analysis, preventing juvenile criminal involvement is much more important than focusing on reform and on other aspects of criminal justice that are only triggered after criminal activity is perpetrated. In principle, it is much more beneficial to society—as well as to potential juvenile offenders—to provide the necessary assistance and opportunities to prevent criminal inclination rather than devoting the bulk of resources to offenders. Recognizing the Principle Causes of Juvenile Crime Generally, some of the most important causes of juvenile crime are: (1) Social Control Theory issues, (2) lack of supportive family environment and structure, (3) exposure to deviant criminality in high-crime...
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