Criminal Law Exceptionalism

Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of th...

Criminal Law: Federal Criminal Code Section

SECTION 1001 of the Criminal Code provides criminal sanctions against persons who deal fraudulently with government agencies.1 Although the origin of the statute dates from 1863,2 only recently have Government attorneys made frequent use of its provisions. In United States v. Diogo, the Court of Appeals for the Second Circuit supplemented the increasing body of judicial interpretation of sectio...

Criminal background checks for psychiatry? Michigan's mental health exceptionalism.

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003, § 307 (MMA) requires the establishment of a pilot program for background checks of new employees of long-term care (LTC) facilities. Michigan was the only participating state to single out psychiatric facilities and employees under laws designed to comply with the program specified in § 307. The program was a demonstrat...

Determinism and Criminal Law

Causation in Criminal Law

Despite difficulties associated with the law of causation, it could be much clearer than it is. The aim of this paper is to present a framework which provides an acceptable explanation of, and justification for, the pattern of the cases and the statutory provisions. The discussion is intended to cover the criminal law of Australia, Canada, England and New Zealand.