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Category: Criminal LawSeptember 14, 2007 State CrimeIt would seem that the definition of state crime is straightforward: any state-sanctioned conduct by individuals or organizations representing the state that’s in violation of the ethical standards by which the state operates might be categorized as state crime. … September 13, 2007 Lightly Musing on Compensatory JusticeCompensation is, I believe, a humane and civic goal to set for punishment in the criminal law. When a convicted criminal is made to render some service to his victims, his community and society as a whole in repayment … September 12, 2007 Omission in the Criminal LawAn omission is a failure to act when action is prescribed. While certain omissions can warrant fairly severe punishments in the criminal law of the United States, these offenses are not exactly “crimes” in the sense that murder, theft … September 11, 2007 Punishment and the Balance of PurposesWhat to say. As with any great paradox, one must pause before this subject, “Punishment and the Balance of Purposes,” and realize that whatever might be said in a usual and customary context (such a as a blog) will … September 10, 2007 Equality in PunishmentOf course every situation is different, and every criminal offender has the right, under our legal traditions, to have his or her case considered carefully and individually, even if it is for a crime committed many times before, and even … September 8, 2007 The Five Purposes Of PunishmentCriminology traditionally identifies four purposes behind punishment through the criminal law. These are: 1) Retribution This sounds pretty straight forward, and it’s easy to see how a sentence of 3 years in … September 6, 2007 The Fifth, Before ArrestFifth Amendment gives citizens of the United States the right to remain silent, if they believe that speaking would incriminate them or in some way connect them to a crime that was committed. Not … September 5, 2007 The Miranda HiccupI’ve been thinking about a particular situation that might arise as a result of police negligence and, as you might expect, it’s at once a sad and funny thing to think about. As most of us know, since 1966 … August 29, 2007 Restitution as PunishmentThe traditional purposes of punishment in the criminal law in this country, I’m lead to understand, are common sense. Restraint, retribution, rehabilitation and deterrence. In recent years, however, the idea that punishment … August 28, 2007 The Astronaut and the Insanity DefenseFormer NASA astronaut Lisa Nowak - the woman who, to our shock and guilty little delight, stalked and attacked her romantic rival, Captain Colleen Shipman, at the conclusion of an astronautic love triangle - will use the … |
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