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The articulation between the defenses of insanity, automatism and diminished responsibility seems overly complex and inappropriate. Common sense struggles to associate sleepwalking (Burgess), epilepsy (Sullivan) or diabetes (Hennessy) with insanity; schizophrenia or psychosis call for insanity,...
Persistent link: https://www.econbiz.de/10012722800
The aim of this article is to offer a simple framework for estimating the benefits and costs of anti-money laundering regulation, based on a prudent estimation of the economic value of the worldwide money laundering. Using the multiplier model of the relationship between criminal markets...
Persistent link: https://www.econbiz.de/10012724274
This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention of Sexual Harassment Law in 1998, 222...
Persistent link: https://www.econbiz.de/10012724846
Prof. Adam Kolber's theory on punishment calibration is a novel and interesting way to approach the problem of personality differences among prisoners and the questions those differences raise for classical retributivist and consequentialist punishment theories. However, there are problems of...
Persistent link: https://www.econbiz.de/10012725420
Fine and imprisonment, as they situate as regularly employed forms of imprisonment, are just means to translate the criminal liability into a physically understood bearing. Yet they pose a large number of questions before they are imposed upon even a single convict. The reason is of their...
Persistent link: https://www.econbiz.de/10012725746
Since the law on market abuse in EU countries has in recent years become predominantly European-based, it makes sense to address this area of law from a European point of view. However, there is, so far, no European case law on the new market abuse regime. This article therefore uses some...
Persistent link: https://www.econbiz.de/10012726029
Scholars have often criticized the government for relying on quot;cooperatingquot; defendant/witnesses in obtaining convictions of other persons. Such scholars contend that cooperating witnesses are powerfully motivated to parrot information a prosecutor wants to hear and that as naturally...
Persistent link: https://www.econbiz.de/10012726401
Society should give criminals incentives not to conceal their criminal activity. The concealment costs themselves are a social waste, as are other costs the concealment may impose on society, such as additional harm or increased law enforcement expenditures. I show that for any set of sanctions...
Persistent link: https://www.econbiz.de/10012728435
How can a prosecutor, who has only limited resources, credibly threaten so many defendants with costly and risky trials and extract plea bargains involving harsh sentences? Had defendants refused to settle, many of them would not have been charged or would have escaped with lenient sanctions....
Persistent link: https://www.econbiz.de/10012729688
The consensus of judicial opinion is in favour of the view that the consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love on a promise that he would her on a later date, cannot be said to be given under a misconception of fact. A false promise is...
Persistent link: https://www.econbiz.de/10012731281