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27 May 2016, 1:00 am by Liam MacLean, Shepherd and Wedderburn
The court noted dicta from R v C & Ors EWCA Crim 2790 finding that IPP should not be imposed if a lesser sentence provided appropriate public protection. [read post]
28 Jun 2020, 3:40 am by SHG
It came in response to my “modest proposal” for crim law reform, that we roll back everything about the system, from laws to sentencing to police, to May, 1973. [read post]
18 Dec 2011, 7:17 am by Melina Padron
The first, posted by Rosalind English was the case of R v Michael Peter Lyons [EWCA Crim 2008], where the Court Martial Appeal Court held that moral objections to the UK’s involvement in Afghanistan do not constitute a defence to an insubordination charge. [read post]
23 May 2013, 10:06 am by Dan Markel
Seth Stoughton – Policing the Constitution Sandra Thompson -- Defining "Independence" in Forensic Science Labs Moderator/Discussant: Carissa Hessick   Criminal Justice 03:  Crim Theory  Sat. [read post]
Even so, the Court went on, in obiter, to declare that the well-known test in R v Ghosh [1982] EWCA Crim 2 should no longer represent the law. [read post]
6 May 2019, 3:59 am by SHG
NYU crim law prof and director of the Center on the Administration of Criminal Law, Rachel Barkow, backed this up, but took it a bit further. [read post]
13 Apr 2020, 3:21 am by SHG
Because defendant is being prosecuted on the basis of false speech, rather than speech involving subversive political advocacy or speech designed to incite a riot (compare Penal Law § 240.08; People v Upshaw, 190 Misc 2d 704, 706-709 [NY City Crim Ct 2002]), Brandenburg and its progeny do not apply (compare United States v Alvarez, 567 US 709, 722 [2012]; see generally Tom Hentoff, Note, Speech, Harm, and Self-Government: Understanding the Ambit of the Clear and Present Danger Test, 91… [read post]
13 Jun 2017, 5:18 am by SHG
Contribute $100 million to reforming crim law and you deserve the honorific. [read post]
6 Feb 2008, 10:03 am
(Photo by Joe Crimmings at [www.flickr.com]; license details there.) [read post]
8 Jun 2009, 6:08 pm
Look this one up Crim Law peeps...especially if you work with SVPs. [read post]