The United States Court of Appeals for the Second Circuit recently issued a decision that could narrow the scope of the prosecution of cases brought against health care providers under the False Claims Act, 31 U.S.C. § 3729, et seq. (the “Act”). This decision, United States ex rel. Mikes v. Straus, (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=2nd&navby=case&no=006269) does significan...

INTRODUCTION Under common law, criminal responsibility usually distinguishes between intentional act and accident, andmost serious criminal offenses consist of both a voluntary act and a guilty mind.1 This treatment presumes that no defendant should be held criminally responsible without a finding of fault. Despite this long-standing conceptual commitment to fairness, criminal law continues to ...

Involuntary administration of antipsychotic medication to pretrial criminal defendants raises important and controversial questions. These questions arise especially with defendants who have been adjudicated as incompetent to stand trial and who require medication to be restored to trial-competency and return to face their pending criminal charges. This subject has been fiercely debated for dec...

The Richard H. Hutchings Psychiatric Center (HPC), located in Syracuse, is a New York State Mental Hygiene Facility providing mental health services to the Central New York Region. At this time the Center primarily serves the 473,000 residents of Onondaga County; however, when fully operational, it will also provide services to the 287,000 residents of surrounding Madison, Oswego, Cayuga, and C...

In Maricopa County, Arizona, most defendants who are found not competent and not restorable (NCNR) are admitted involuntarily to an acute-care inpatient hospital. Many of these patients would most likely not have met the State's usual admission criteria for acute inpatient care had they not been evaluated in relation to a criminal offense. Is this group treated differently from their peers who ...

THE European Court of Human Rights' decisions T. v. The United Kingdom (16.12.1999 E.C.H.R. No. 24724/94) and V. v. The United Kingdom (16.12.1999 E.C.H.R. No. 24888/94) represent one of the ®nal stages in the notorious Bulger murder proceedings. The Court considered a number of applications by the defendants regarding the legality of their trial and sentences. The Court issued separate judgmen...

Studies in comparative penology still lack English writings about penal cultures non-Anglo-European countries, particularly those that steer their focus away from imprisonment. This article fills this gap by giving accounts of control Thailand and how its criminal justice practices differ the Western models which they were inspired. Although quite similar forms, Thai court routines diverge West...

The article is devoted to the problem of arrest suspects in Russia 1725—1741. As a result analysis historiography and historical sources, author came conclusion that history court early modern period inextricably linked with places detention, since Russian prisons 18th century were intended primarily hold defendants, not punish criminals. study normative legal acts middle 17th — 1741 showed as ...