From Criminal Law To Regulation

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The Impact of Regulatory Law on American Criminal Justice

Author : Vincent Del Castillo
Publisher :
ISBN 13 : 9781611630640
Total Pages : 0 pages
Book Rating : 4.6/5 (36 download)

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Book Synopsis The Impact of Regulatory Law on American Criminal Justice by : Vincent Del Castillo

Download or read book The Impact of Regulatory Law on American Criminal Justice written by Vincent Del Castillo and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.

Law as Punishment / Law as Regulation

Author : Austin Sarat
Publisher : Stanford University Press
ISBN 13 : 0804782113
Total Pages : 257 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Law as Punishment / Law as Regulation by : Austin Sarat

Download or read book Law as Punishment / Law as Regulation written by Austin Sarat and published by Stanford University Press. This book was released on 2011-08-29 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.

Criminal Law Principles and the Enforcement of EU and National Competition Law

Author : Marc Veenbrink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514418
Total Pages : 506 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Criminal Law Principles and the Enforcement of EU and National Competition Law by : Marc Veenbrink

Download or read book Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236

Regulation by Indictment

Author : Francis A. Allen
Publisher : Graduate School of Business Administration University of Michigan
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Regulation by Indictment by : Francis A. Allen

Download or read book Regulation by Indictment written by Francis A. Allen and published by Graduate School of Business Administration University of Michigan. This book was released on 1978 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Prosecutors in the Boardroom

Author : Anthony S. Barkow
Publisher : NYU Press
ISBN 13 : 0814787037
Total Pages : 288 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Prosecutors in the Boardroom by : Anthony S. Barkow

Download or read book Prosecutors in the Boardroom written by Anthony S. Barkow and published by NYU Press. This book was released on 2011-04-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren’t subject to the same checks and balances that civil regulatory agencies are. Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution. Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Working Papers of the National Commission on Reform of Federal Criminal Laws Relating to the Study Draft of the New Federal Criminal Code

Download Working Papers of the National Commission on Reform of Federal Criminal Laws Relating to the Study Draft of the New Federal Criminal Code PDF Online Free

Author : United States. National Commission on Reform of Federal Criminal Laws
Publisher :
ISBN 13 :
Total Pages : 798 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Working Papers of the National Commission on Reform of Federal Criminal Laws Relating to the Study Draft of the New Federal Criminal Code by : United States. National Commission on Reform of Federal Criminal Laws

Download or read book Working Papers of the National Commission on Reform of Federal Criminal Laws Relating to the Study Draft of the New Federal Criminal Code written by United States. National Commission on Reform of Federal Criminal Laws and published by . This book was released on 1970 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reform of the Federal Criminal Laws

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
Publisher :
ISBN 13 :
Total Pages : 1242 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Reform of the Federal Criminal Laws by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures

Download or read book Reform of the Federal Criminal Laws written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures and published by . This book was released on 1971 with total page 1242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

ABA Standards for Criminal Justice

Author : American Bar Association
Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis ABA Standards for Criminal Justice by : American Bar Association

Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Reform of the Federal Criminal Laws

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.:/5 (6 download)

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Book Synopsis Reform of the Federal Criminal Laws by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures

Download or read book Reform of the Federal Criminal Laws written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures and published by . This book was released on 1978 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Making the Modern Criminal Law

Author : Lindsay Farmer
Publisher : Oxford University Press
ISBN 13 : 0191058599
Total Pages : 353 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Making the Modern Criminal Law by : Lindsay Farmer

Download or read book Making the Modern Criminal Law written by Lindsay Farmer and published by Oxford University Press. This book was released on 2016-01-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.

How to Become a Federal Criminal

Author : Mike Chase
Publisher : Simon and Schuster
ISBN 13 : 1982112530
Total Pages : 320 pages
Book Rating : 4.9/5 (821 download)

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Book Synopsis How to Become a Federal Criminal by : Mike Chase

Download or read book How to Become a Federal Criminal written by Mike Chase and published by Simon and Schuster. This book was released on 2019-06-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A hilarious, entertaining, and illuminating compendium of the most bizarre ways you might become a federal criminal in America—from mailing a mongoose to selling Swiss cheese without enough holes—written and illustrated by the creator of the wildly popular @CrimeADay Twitter account. Have you ever clogged a toilet in a national forest? That could get you six months in federal prison. Written a letter to a pirate? You might be looking at three years in the slammer. Leaving the country with too many nickels, drinking a beer on a bicycle in a national park, or importing a pregnant polar bear are all very real crimes, and this riotously funny, ridiculously entertaining, and fully illustrated book shows how just about anyone can become—or may already be—a federal criminal. Whether you’re a criminal defense lawyer or just a self-taught expert in outrageous offenses, How to Become a Federal Criminal is your wonderfully weird window into a criminally overlooked sector of American government.

Crime and Regulation

Author : Fiona Haines
Publisher : Routledge
ISBN 13 : 1351126059
Total Pages : 554 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Crime and Regulation by : Fiona Haines

Download or read book Crime and Regulation written by Fiona Haines and published by Routledge. This book was released on 2017-11-30 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together key articles in the burgeoning field of regulation. The collection is interdisciplinary, in keeping with study of regulation itself, yet the book arranges and explores these articles to make the bewildering array of issues and concepts that comprise the study of regulation comprehensible to a criminological audience. It will be of interest to all scholars and students of criminology and criminal justice, as well as those concerned with reducing the crimes and harms of the powerful.

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1506 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

From Criminal Law to Regulation

Author : Nancy Kay Frank
Publisher :
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.:/5 (12 download)

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Book Synopsis From Criminal Law to Regulation by : Nancy Kay Frank

Download or read book From Criminal Law to Regulation written by Nancy Kay Frank and published by . This book was released on 1982 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Controlled Substances

Author : Alex Kreit
Publisher :
ISBN 13 : 9781594608711
Total Pages : 0 pages
Book Rating : 4.6/5 (87 download)

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Book Synopsis Controlled Substances by : Alex Kreit

Download or read book Controlled Substances written by Alex Kreit and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new casebook by Alex Kreit, Illegal Drug and Marijuana Law, published in 2019, substantially revises and updates Controlled Substances. Drug offenders are a ubiquitous part of our criminal justice system. Approximately 1.5 million Americans were arrested for a drug offense in 2011, more than for any other single category of crime. Drug convictions have fueled an explosion in our prison population with drug offenders constituting nearly one quarter of our prison population. Indeed, with the number of Americans incarcerated for a drug offense today larger than the entire United States prison and jail population in 1980, it would not be an exaggeration to say that the single most important development within the field of criminal law over the past four decades has been the war on drugs. Controlled Substances: Crime, Regulation, and Policy provides a comprehensive overview of the many fascinating issues of law and policy related to the criminalization and regulation of illegal drugs. The book begins with materials on the debate about prohibition and its alternatives, with a particular focus on the modern "war on drugs" model of prohibition. After establishing this foundation, the book turns its attention to the drug laws themselves, taking an in-depth look at controlled substances offenses, drug sentencing, and the investigation of drug crimes. The book then considers the body of administrative law that governs the classification of controlled substances and the use and distribution of controlled substance for medical purposes. Finally, the book concludes with an overview of international and comparative issues in drug law.