Control over Illegal Enforcement of the Criminal Law: Role of the Supreme Court

1956 ◽  
Vol 69 (6) ◽  
pp. 1167
Author(s):  
Francis A. Allen ◽  
Albert R. Beisel
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
The Supreme Court

scholarly journals Examining the Foreseeable: Assisted Suicide as a Herald of Changing Moralities

2001 ◽  
Vol 10 (2) ◽  
pp. 147-170 ◽  
Author(s):  
Joane Martel
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Assisted Suicide ◽  
Social Conditions ◽  
Supreme Court Of Canada ◽  
Medical Assistance ◽  
Moral Regulation ◽  
The Supreme Court ◽  
Criminal Charges

After her intense battle for the decriminalization of assisted suicide in the Supreme Court of Canada, Sue Rodriguez committed suicide with medical assistance in 1994. Following her suicide, government and law representatives remained silent and no criminal charges were ever brought against the person(s) who presumably assisted Ms Rodriguez in her death. This apparent non-intervention of criminal law is examined in view of the useful role that the Rodriguez event may have played in a possible shift in the dominant morality. It is argued that the Rodriguez assisted suicide may have been a useful 'crime' (in the Durkheimian sense) in that it brought to the fore the possibility that social conditions - which made the 'crime' possible - may no longer be in harmony with conventional morality. Similarly to Socrates' crime, the Rodriguez case can be seen as an anticipation of a new morality. It can be analysed as a prelude to alterations, as directly preparing the way for changes in the dominant morality. The role of criminal law as a preferred mode of moral regulation is also examined in relation to the moral demands and expectations that arose during as well as after the judicial saga.

scholarly journals The Role of EU Principles in Criminal Law: is the Principle of Direct Effect Applicable?

2020 ◽  
Vol 13 (2) ◽  
pp. 49-75
Author(s):  
Edita Gruodytė ◽  
Saulė Milčiuvienė ◽  
Neringa Palionienė
Keyword(s):  
Supreme Court ◽  
Direct Effect ◽  
Criminal Law ◽  
Lisbon Treaty ◽  
Eu Law ◽  
Academic Literature ◽  
Cross Border ◽  
The Supreme Court ◽  
The Right

Abstract With the enactment of the Lisbon Treaty, EU law gained supremacy over national law in ten areas of criminal law (with the possibility of extension in the future) treated as particularly serious crimes with a cross-border dimension and the right to enact directives. The question arises if and when direct effect is possible in criminal law, taking account of developments and applications of this principle in other areas of EU law. To answer this question, the following tasks are necessary: (1) to discuss the role of principles in criminal law, (2) to define the principle of direct effect through the academic literature and the jurisprudence of the CJEU, (3) to discuss whether directives could have direct effect in criminal law, and (4) to analyze the EU’s impact on Lithuanian national criminal law through an analysis of the jurisprudence of the Supreme Court of Lithuania.

scholarly journals The honest cheat: a timely history of cheating and fraud following Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67

Legal Studies ◽  
2020 ◽  
Vol 40 (2) ◽  
pp. 252-268
Author(s):  
Cerian Griffiths
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Historical Analysis ◽  
The Supreme Court ◽  
Actus Reus ◽  
History Of ◽  
Uk Supreme Court ◽  
Central Pillar ◽  
The Uk

AbstractThe UK Supreme Court took the opportunity in Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 to reverse the long-standing, but unpopular, test for dishonesty in R v Ghosh. It reduced the relevance of subjectivity in the test of dishonesty, and brought the civil and the criminal law approaches to dishonesty into line by adopting the test as laid down in Royal Brunei Airlines Sdn Bhd v Tan. This paper employs extensive legal historical research to demonstrate that the Supreme Court in Ivey was too quick to dismiss the significance of the historical roots of dishonesty. Through an innovative and comprehensive historical framework of fraud, this paper demonstrates that dishonesty has long been a central pillar of the actus reus of deceptive offences. The recognition of such significance permits us to situate the role of dishonesty in contemporary criminal property offences. This historical analysis further demonstrates that the Justices erroneously overlooked centuries of jurisprudence in their haste to unite civil and criminal law tests for dishonesty.

scholarly journals The Frayed and Tarnished Silver Thread: Stinchcome and the Role of Crown Counsel in Alberta

1969 ◽  
pp. 567
Author(s):  
Glen E. Luther
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Supreme Court Of Canada ◽  
Wrongful Convictions ◽  
Full Disclosure ◽  
The Supreme Court ◽  
Disclosure Obligations ◽  
The Web

The Supreme Court of Canada has repeatedly stressed that, in their roles as Crown prosecutors, Crown counsel must act as ministers of justice in order to protect against wrongful convictions. Historically this obligation has been referred to as a silver thread woven into "the web of Canadian criminal law." Central to this quasi-judicial Crown obligation is disclosure. In this article, the author contends that the Supreme Court ideal of Crown prosecutors acting as ministers of justice and making full disclosure does not correspond with reality. Rather, it is asserted that the Crown delegates disclosure duties to the police, does not take disclosure obligations seriously, and is not held responsible by the courts for failure to disclose. The author argues that until the Supreme Court clarifies the required scope of disclosure, especially as regards Charter defences; until Crown prosecution offices are prepared and equipped to take the disclosure role seriously; and until the courts enforce this role; there will continue to be wrongful convictions due to lack of disclosure.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

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