Criminal-Law Reform in England and in the United States

1911 ◽  
Vol 1 (4) ◽  
pp. 667
Author(s):  
Edwin R. Keedy
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Law Reform

scholarly journals Evaluating #MeToo: The Perspective of Criminal Law Theory

2021 ◽  
Vol 22 (5) ◽  
pp. 833-846
Author(s):  
Tatjana Hörnle
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Law Reform ◽  
Final Part ◽  
Social Phenomenon ◽  
Criminal Punishment ◽  
The Impact

AbstractThe article describes the #MeToo-movement in the United States and Germany and discusses the merits and problems of this social phenomenon. It highlights the fact that some features of #MeToo (blaming and sanctioning wrongdoers) resemble those of criminal punishment and thus require careful justification. In the final part, the author examines the impact of the #MeToo-movement on criminal law reform.

"Moral Order" and the Criminal Law-Reform Efforts in the United States and West Germany

1975 ◽  
Vol 23 (2) ◽  
pp. 365
Author(s):  
Gunther Arzt ◽  
Orlan Lee ◽  
T. A. Robertson
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
West Germany ◽  
Law Reform ◽  
Moral Order

The Grammar of Criminal Law

2019 ◽  
Author(s):  
George P. Fletcher
Keyword(s):  
United States ◽  
International Cooperation ◽  
Criminal Law ◽  
International Criminal ◽  
The United States ◽  
International Order ◽  
International Criminal Law ◽  
Self Interest ◽  
The Future

This book is an invitation to readers interested in the future of international cooperation to master the 12 basic dichotomies of international criminal law. The book foresees a growing interest in international order and cooperation following the current preoccupation, in Europe as well as the United States, with national self-interest. By emphasizing basic dichotomies, for example, acts vs. omissions and causation vs. background conditions, the book reinforces the jurisprudential foundations of international criminal law and also provides an easy way to master the details of the field.

Judges, Juries, and the History of Criminal Appeals

2011 ◽  
Vol 29 (1) ◽  
pp. 297-302
Author(s):  
Benjamin L. Berger
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Law ◽  
Legal History ◽  
Structural Changes ◽  
Criminal Procedure ◽  
The United States ◽  
Early History ◽  
Criminal Justice Systems ◽  
History Of

The three articles offered in this forum on the early history of criminal appeals do us the great service of adding much of interest on this important but neglected issue in the development of Anglo–North American criminal procedure. The opaqueness of the legal history of criminal appeals stands in stark contrast to their centrality and apparent naturalness in contemporary criminal justice systems in England, Canada, and the United States. These three papers look at the period leading up to and immediately following the creation of the first formalized system of what we might call criminal appeals, the establishment of the Court of Crown Cases Reserved (CCCR) in 1848. This key period in the development of the adversary criminal trial was marked by both a concerted political effort to codify and rationalize the criminal law and by profound structural changes in the management of criminal justice.

scholarly journals Evolution of the United States criminal law system

2020 ◽  
pp. 145-150
Author(s):  
Viktoriya Sizova
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Positive Experience ◽  
Law System ◽  
Current State ◽  
The Us ◽  
Characteristic Features

The article is devoted to the study of the evolution, development and current state of the us criminal law system. The author considers the characteristic features inherent in modern American criminal law, its features, as well as the practical value and significance in relation to the continuity of positive experience.

scholarly journals Teori Hukum Pidana Minimalis dari Douglas Husak: Urgensi dan Relevansi

2021 ◽  
Vol 4 (1) ◽  
pp. 245-279
Author(s):  
Mahrus Ali ◽  
M. Arif Setiawan
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
The State ◽  
Risk Prevention ◽  
Legal Philosophy ◽  
Federal State ◽  
Minimalist Theory ◽  
Severity Of Punishment ◽  
Douglas Husak

Douglas Husak has been widely known, especially in the United States and Europe, as a leading theorist who combines the disciplines of legal philosophy and criminal law. Most of his writings were directed at the use of the coercive means of the state through criminal law as minimum as possible. The minimalist theory of criminal law that he coined was motivated by the phenomenon of the increasing number of acts criminalized in the United States Federal State Law in which the majority related to offenses of risk prevention causing overcriminalization. To prevent this, criminal law must be placed as a last resort. The state’s decision to criminalize an act must pay attention to internal and external constraints. The first includes the nontrivial harm or evil constraint, the culpability of the actor, and the proportionality of punishment, while the second is related to the substantiality of the state’s authority to punish. The thought is relevant to be adopted in the criminalization policy in Indonesia, especially regarding the principle of the blameworthiness of conduct, the severity of punishment must weigh the dangerousness of the (actor) offenses, and criminalization should not be taken if other means are equally effective or even more effective to achieve the goal. Abstrak Douglas Husak dikenal luas terutama di Amerika Serikat dan Eropa sebagai teoretisi terkemuka yang menggabungkan antara disiplin filsafat hukum dan hukum pidana. Tulisan-tulisan Husak kebanyakan diarahkan pada penggunaan sarana koersif negara melalui hukum pidana seminimal mungkin. Teori hukum pidana minimalis yang dicetuskannya dilatarbelakangi fenomena semakin banyaknya perbuatan-perbuatan yang dikriminalisasi dalam undang-undang Negara Federal Amerika dan mayoritas terkait offenses of risk prevention sehingga menimbulkan kelebihan kriminalisasi. Untuk mencegahnya, hukum pidana harus ditempatkan sebagai sarana terakhir. Keputusan negara untuk mengkriminalisasi suatu perbuatan harus memperhatikan pembatas internal dan pembatas eksternal. Yang pertama meliputi sifat jahat dan dampak kerugian/kerusakan yang begitu serius dari dilakukannya suatu tindak pidana, kesalahan pembuat, dan proporsionalitas pidana; sedangkan yang kedua terkait substansialitas kewenangan negara untuk memidana. Pemikiran Husak relevan untuk diadopsi dalam kebijakan kriminalisasi di Indonesia terutama menyangkut prinsip ketercelaan suatu perbuatan, penetapan beratnya ancaman pidana mengacu pada seriusitas delik dan kesalahan pembuat, dan kriminalisasi tidak boleh ditempuh jika cara-cara lain sama efektif atau bahkan lebih efektif untuk mencapai tujuan.

9. National and international responses to computer-related crime

2020 ◽  
pp. 161-172
Author(s):  
Ian J. Lloyd
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
The Internet ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Legislative History ◽  
Limited Effectiveness ◽  
Almost All

Computer related crime features increasingly prominently in criminal statistics. As we move towards a cashless society where money is represented by data held on a computer system, so the range and scale of conduct is assuming almost epidemic proportions. Significant issues arise whether and where particular forms of conduct constitute criminal offences. These decisions have historically been a matter for national authorities. As with many issues covered in this book, the emergence of the Internet has brought about significant changes as it has become increasingly apparent that national legislation can be of limited effectiveness. Although cross-border conduct has occurred for very many years and the doctrine of extradition is a well-established one, such actions were the exception to a norm in which all aspects of conduct occurred in a single jurisdiction. The United Kingdom’s legislative history in the field of computer related crime date to the Computer Misuse Act of 1990. In many respects, this legislation restated the position that had been reached under common law where a number of cases had determined that computer related conduct could be prosecuted under existing provisions of the criminal law. In 2001 the Council of Europe Cybercrime Convention was opened for signature and remains the most significant international instrument in the field, having been ratified by almost all European States and a number, including the United States, of non-European jurisdictions. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.

14. Abortion

Medical Law ◽  
2019 ◽  
pp. 735-791
Author(s):  
Emily Jackson
Keyword(s):  
United States ◽  
Northern Ireland ◽  
The United States ◽  
Law Reform ◽  
Moral Legitimacy ◽  
Ongoing Debate ◽  
Selective Abortion ◽  
Sex Selective Abortion ◽  
Legal Position ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the law on abortion, beginning with a survey of the ongoing debate over the moral legitimacy of abortion. It then examines the current legal position, and considers how the Abortion Act 1967, as amended, works in practice. It looks at recent controversies over sex-selective abortion and considers the prospects for law reform. Finally, the chapter looks briefly at the regulation of abortion in Northern Ireland, Ireland, and the United States.

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