added to our DB: 01.02.2007

A case in Kansas asks whether libel should ever be prosecuted

Find Law

Is criminal defamation a viable concept for the 21st century, or an ancient relic that should be scrapped? That is the question raised by the case of Kansas v. Carson -- and a question the U.S. Supreme Court will probably ultimately have to resolve.

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added to our DB: 30.01.2006

American Criminal Procedure (as doc format)

Jean K. Gilles Phillips and David J. Gottlieb

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added to our DB: 23.02.2004

Arrest - rights and obligations upon arrest (PDF)

Public Legal Education Association of Saskatchewan

This phamplet contains general information about the law.

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added to our DB: 03.05.2005

Comparing Victim-Offender Mediation Program Models

by Marty Price, J.D.

This article discusses the characteristics of the most commonly used program models, looking at some of their advantages and disadvantages and reaching conclusions about the best uses for each. The reader should keep in mind that, although this article discusses only two program models in detail, there are, in fact, many variations of these approaches. (One of the strengths of community-based justice programs is the potential for creative and flexible solutions that respond to the unique needs and circumstances of a community.) My intention is to provide analysis and opinion which will stimulate thinking and discussion about how we can best accomplish our mission in this work.

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added to our DB: 01.02.2007

Criminal Defamation: An "Instrument of Destruction" (PDF)

by Prof. Jane E. Kirtley, J.D.,

In his concurring opinion in the criminal libel case, Garrison v. Louisiana, U.S. Supreme Court Justice William O. Douglas lamented that the Bill of Rights in the U.S. Constitution was in danger of being “constantly watered down” through the majority’s attempt to “balance” the absolute language of the First Amendment “and what judges think is needed for a well-ordered society.” Particularly pernicious, he suggested, was the toleration of criminal libel actions brought by government officials, which would inevitably result in anyone who “outraged the sentiments of the dominant party” being “deemed a libeler.”... Douglas reminded his colleagues that the contemporary common law doctrine of seditious libel was a creation of the infamous Court of Star Chamber. He concluded, “It is disquieting to know that one of its instruments of destruction is abroad in the land today.”... Douglas was not exaggerating. Criminal libel is no less than an “instrument of destruction.” It is an instrument used to destroy discussion, debate and dissent. It has no place in any society that calls itself a democracy.

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added to our DB: 02.06.2007

Criminal Law Resources on the Internet

Buffalo Criminal Law Center

Introductory Note: This page provides on-line access to criminal law materials from the United States and throughout the world, including, among other things, criminal codes, criminal procedure codes, and enforcement codes. For a dynamic website integrating these materials into a comprehensive and systematic collection of interconnected annotated codes, court opinions, and commentary, go to the Penal Law Web (http://wings.buffalo.edu/law/bclc/web/cover). For a web digest of New York criminal law, try http://wings.buffalo.edu/law/bclc/web/nycriminallaw.htm .

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added to our DB: 01.02.2007

Defamation in Australia

Caslon

In Australia defamation action is essentially concerned with damage to reputation, rather than publication being untrue or an invasion of a plaintiff's privacy. There has been disagreement about the appropriate balance between free speech and protection of reputations... Although most litigation involves civil liability for defamation, the criminal codes of several states include provision for prosecution of defamatory statements as criminal offences. Those provisions cover statements that had a malicious basis and, in particular, that were known by the publisher to be false. Penalties include punitive damages and imprisonment.

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added to our DB: 03.02.2007

Defamation Law: Positive Jurisprudence

by Bonnie Docherty

In September 1999, lawyers, journalists, human rights advocates, and U.N. representatives gathered in Sri Lanka to develop international standards for defamation law. Identifying repressive laws and government abuse as serious threats to freedom of expression, ARTICLE 19, the International Centre Against Censorship, had organized the symposium as part of its program to promote “good defamation laws.” Local journalists provided an unplanned reminder of the need for and power of freedom of expression when they staged an anti-government rally outside the conference hall. A Sri Lankan minister and invited speaker had to “run the gauntlet” of protestors before entering the building. After three days of discussion, participants produced a declaration that called for the abolition of criminal defamation laws and set guidelines for procedure, defenses, and sanctions in civil cases. ARTICLE 19 plans to publish and distribute these standards over the next few years.

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added to our DB: 17.01.2006

Improperly obtained evidence

Kevin's collaborative English law glossary

This article discusses the circumstances in which the courts have shown themselves willing to exclude evidence that has been obtained unfairly or improperly. The discretion to do this existed at common law, although it was rarely exercised, and was reinforced by s.78 of PACE. In many cases, the evidence obtained will take the form of a confession; the special considerations that apply to confessions as a result of s.76 of PACE are discussed in the article ImproperlyObtainedConfession; this article deals with confessions only to the extent the s.78 might apply to them.

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added to our DB: 02.06.2007

Kruglick's Forensic Resource and Criminal Law Search Site

bioforensics

Forensics-More than 1,000 links to forensic sites & a forensic bibliography. Law Links-Links to opinions, statutes, regs, rules, criminal law related sites, & legal search engines. Investigation-Locate people, find assets, DMV & voting records. Searching-More than 50 links to search & meta search engines. Research-General, non-legal research links.

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added to our DB: 03.05.2005

Mediated Civil Compromise - A Tool for Restorative Justice

by Marty Price, J.D.

This article describes the benefits of criminal mediation programs, especially restitution versus retribution programs.

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added to our DB: 03.05.2005

Mediation Of Criminal Conflict (PDF)

Center of Restorative Justice & Mediation

An Assesment Of Programs in Four Canadian Provinces

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added to our DB: 01.02.2007

Memorandum by ARTICLE 19 (Global Campaign for Free Expression)

Select Committee on European Union

1.1 As part of its efforts to harmonise private international law in civil and commercial matters, the European Commission has developed a proposed regulation relating to the choice of law for non-contractual obligations (Regulation of the European Parliament and the Council on the Law Applicable to Non-Contractual Obligations (the proposed Regulation)).[5] 1.2 The proposed Regulation has been amended based on an initial round of comments received. This Submission is based on an amended draft circulated in September 2002. 1.3 The proposed Regulation generally provides for cases to be heard according to the law of the jurisdiction in which the damage occurred, regardless of where the case is filed (the Article 3 rule). It does provide an exception to this, at Article 6(1), so that courts are not required to apply defamation laws which would breach their own jurisdiction's freedom of expression rules. Unfortunately, the defamation laws of many EU Member States, as well as those of the 10 accession States, do not comport with international freedom of expression standards. The exception, while welcome, does not protect a publisher against suit in a foreign country, where the plaintiff claims to have suffered harm in that same country. This can result in the application of harsh defamation laws, including laws which breach Article 10 of the European Convention on Human Rights.[6] This is a particular problem for Internet publications, which are effectively universal in nature. 1.4 The comments below address this problem in detail. The comments also address, briefly, certain difficulties relating to Article 6(1) and the special problem of criminal defamation laws.

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added to our DB: 03.05.2005

National Survey of Victim-Offender Mediation Programs in the United States (PDF)

Office for Victims of Crime

This collection of six documents covers a number of important issues related to restorative justice. Four of the documents focus on victim-offender mediation, which is a major programmatic intervention that fully embraces the concepts of restorative justice. The first of these documents is the Guidelines for Victim-Sensitive Victim-Offender Mediation: Restorative Justice Through Dialogue, which assists administrators in developing or enhancing their restorative justice programs. It provides practical guidance for mediators to facilitate balanced and fair mediation, which will ensure the safety and integrity of all the participants. The National Survey of Victim-Offender Mediation Programs in the United States contains information about the characteristics of the various victim-offender mediation programs operating nationwide and the major issues facing them in their day-to-day operations.

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added to our DB: 01.02.2007

Putting Expression Behind Bars: Criminal Defamation and Freedom of Expression (Background Paper for EU NGO Forum) (PDF)

article19.org

In this paper, we argue that criminal defamation laws inherently fail to strike an appropriate balance between reputations and freedom of expression. Criminal defamation laws are a major obstacle to freedom of expression in many parts of the world. The key problem with criminal defamation is that a breach may lead to a custodial sentence or another form of severe criminal sanction, such as a suspension of the right to practise journalism. The stigma of a criminal conviction can harm a journalist’s career long after the penalty has formally been discharged. The threat of such sanctions casts a wide shadow as journalists and other steer well clear of the prohibited zone to avoid any risk of conviction. This can lead to serious problems of self-censorship, stifling legitimate criticism of government and public officials.

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added to our DB: 03.05.2005

Restorative Approaches to Crime in Belgium

by Peters, Tony Aertsen, Ivo

In this essay the authors present, discuss and try to evaluate initiatives which were recently introduced in the Belgian criminal justice system and aim at the development of creative answers to crime that avoid the use of traditional prison sentences. They decided to focus this analysis on the practice of mediation as it is actually considered the most innovative approach to the crime problem. Mediation as a problem-solving intervention has to be considered in direct relation to the discussion of the purpose of the criminal justice system. By putting the emphasis on the dialogue between the victim and the offender, a common solution is worked out with the help of a mediator. In this way reparation, redress and sometimes even reconciliation become core values of the penal action.

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added to our DB: 03.05.2005

Restorative Justice: A discussion Paper

Ministry of Justice New Zealand

There has been some general liaison with groups and individuals interested in restorative justice. This has complemented research into New Zealand and international approaches. While restorative justice has generated considerable interest in New Zealand, it is a very broad concept encompassing a wide, potentially conflicting, range of objectives. This paper has been developed to clarify the objectives associated with restorative justice and to identify the wide range of issues and options to be addressed in assessing the implications of restorative justice in New Zealand.

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added to our DB: 17.01.2006

Suppressing the Truth: Judicial Exclusion of Illegally Obtained Evidence in the United States, Canada, England and Australia

Debra Osborn

This paper will examine how the United States, Canadian, English and Australian criminal justice systems address the problem of illegally obtained evidence. It will show that to a greater or lesser extent, all systems permit illegally obtained but otherwise reliable evidence to be excluded at trial to further certain policy objectives particular to each jurisdiction. This paper will identify those policy objectives and evaluate how well each exclusionary practice has met its stated objectives. It will contend that in each case, the rationale underlying each rule, duty or discretion to exclude illegally obtained evidence has failed to deliver its promised benefits, and in at least one jurisdiction, the practice itself has led to a crisis of confidence in the criminal justice system. In light of this finding, a number of the suggested alternatives to exclusion will be examined and evaluated. Finally, the writer will propose a transnational solution to the problem of illegally obtained evidence which meets the policy objectives of each jurisdiction without sacrificing justice or suppressing the truth.

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added to our DB: 03.05.2005

The balanced and restorative Justice (PDF)

Office of Juvenile Justice and Delinquency Prevention

Juvenile justice systems based on the balanced approach differ from traditional systems in that the competency development, accountability, and community protection objectives prescribe clear outcomes directed at the three primary clients of juvenile justice: offenders, victims, and the community. These outcomes in turn provide the basis for developing concrete performance measures for gauging the success of juvenile justice systems, agencies, and interventions.

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added to our DB: 03.05.2005

The Benefits of Victim-Offender Mediation

Victim_Offender Reconciliation Program Information and Resource Center

Benefits for Victims; Benefits for Offenders; Benefits for the Community; Benefits for the Justice System

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added to our DB: 09.02.2007

The German Criminal Code

iuscomp.org

The German Criminal Code (Full Text) http://www.iuscomp.org/gla/

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added to our DB: 19.03.2004

Trial of Children and Young Persons in the Crown Court - 16 February 2000

Department for Constitutional Affairs - UK

Some young defendants accused of committing serious crimes may be very young and very immature when standing trial in the Crown Court. The purpose of such trial is to determine guilt (if that is in issue) and decide the appropriate sentence if the young defendant pleads guilty or is convicted. The trial process should not itself expose the young defendant to avoidable intimidation, humiliation or distress. All possible steps should be taken to assist the young defendant to understand and participate in the proceedings. The ordinary trial process should so far as necessary be adapted to meet those ends. Regard should be had to the welfare of the young defendant as required by Section 44 of the Children and Young Persons Act 1933.

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added to our DB: 03.05.2005

Victim Offender Mediation (PDF)

by Jan Bellard

The roots of community mediation and of victim-offender mediation (VOM) appeared in the U.S. at about the same time (the 1970s), but since then, for the most part these two streams of mediation practice have evolved independently of one another. In recent years, community mediation has become a mainstream presence in the conflict-resolving process of many communities, and a national presence as well, due in part to NAFCM’s success in creating partnerships and funding opportunities.

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