The Conventions and US jurisprudence. Hawken and Kulick (2) dispute my assertion that in setting up legal nonmedical markets Washington and Colorado clearly contravene the conventions. I acknowledge my assertion was too strong, if it is read as implying that US courts would necessarily decide this way. Hawken and Kulick conclude that nations “with federal systems of government” are not bound by...

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the relianc...

Alcohol policy and illicit drugs policy are typically presented as separate and different in academic discussion. This is understandable, to a degree, as the criminal law upholds a 'great regulatory divide' (Seddon, 2010: 56) separating the licit trade in alcohol from the illicit trade in substances classified as either class A, B or C under the Misuse of Drugs Act 1971. This paper takes a diff...

For centuries children were considered "mini-adults". Together with expressing the need to educate children and putting a stop to their integration in the work field from the earliest years the 19th century also displayed a new image of the child, which clearly separates him from the adults. In this paper the authors analyze the Romanian legislation addressing juvenile delinquency in criminal t...

This article describes how therapeutic jurisprudence, and the therapeutic jurisprudence/preventive law model, can be imported into legal education and practice. Although the approach can (and does) find application in a broad spectrum of legal areas, the present article focuses on the criminal law clinic and on training future criminal lawyers with an expanded professional role: one that explic...

This moral presumption against infliction of suffering has particular relevance in the field of criminal law because, as a system of retribution, the criminal justice system is institutionally committed to the infliction of human suffering. Simply put, suffering is inflicted to make people “pay” for the crimes that they commit. Of course, the criminal justice system often has other goals as wel...

1. Introduction. Police lineups come from English criminal law and procedure. According to Devlin (1976), lineups were instituted through a Middlesex magistrate's order in the mid 19 th century. They were intended as a 'fair' replacement for the practices of courtroom identification, and showups, which were widely used in 19 th century England, but widely recognized as potentially unfair to the...

For many people, Voice over Internet Protocol (VoIP) looks like a nimble way of using a computer to make phone calls. Download the software, pick an identifier and then wherever there is an Internet connection, you can make a phone call. From this perspective, it makes perfect sense that anything that can be done with the telephone system — such as E911 and the graceful accommodation of wiretap...

Legal insanity is a peculiar element of criminal law, because it brings together two very different disciplines: psychiatry and psychology on the one hand and the law on the other. One of the basic questions regarding evaluations of defendants concerns the question of who should establish "true mental disorder," the judge or the behavioral expert? This question is complicated, and in this contr...

Epilepsy holds an almost unique place in English criminal law. It has resulted in two appeals to the Judicial Committee of the House of Lords, the highest appeal court in the land. This in turn has led to a pair of legal decisions which in many ways have shaped the development of the defence of insanity and its relationship to automatism. This report will provide a unique insight into how the c...