as a private domain, the family is subordinate to the characteristics of private law. on the other hand, as the only major authority, the government has the responsibility of supporting all individuals by resorting to civil and criminal law. however, by taking the public aspect of the criminal law into consideration, its basis is on the lack of need of its presence when facing the family, the b...

& Co. 1945. Pp.511. Price 21s. This volume is published under the auspices of the Department of Criminal Science of the Faculty of Law in the University of Cambridge, and is an outstanding contribution to the well known series of English Studies issued by the Department. The essays elucidate some of the leading principles of criminal law and indicate the main lines upon which the penal system i...

On October 5, 2012, the Supreme Court of Canada released its decisions in the cases of Mabior and D.C. The Court decided that people living with HIV have a legal duty, under the criminal law, to disclose their HIV-positive status to sexual partners before having sex that poses a “realistic possibility” of HIV transmission. Not disclosing in such circumstances means a person could be convicted o...

The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1992) 175 CLR 218 (Marion's Case) and impose a requirement of court approval for terminations of pregnancy for minors who are not ...

In 2009, Andrew Simester’s article ‘Intoxication is Never a Defence’ effectively highlighted a point he described as ‘a simple one, and not entirely new’; that despite the longstanding (and enduring) description of the intoxication rules as a defence, this is not (and never has been) accurate.1 The classification of intoxication as a defence is one of the criminal law’s more peculiar self-delus...

Is there too much criminal law? Are there too many overlapping criminal statutes, covering too much conduct, resulting in sentences that are too long? Douglas Husak says yes, and in this splendid book offers an original and persuasive explanation for why that is so. His argument for a “minimalist” conception of criminal law takes an elegant form. Chapters 2 and 3, which contain Husak’s theory a...

Various kinds of forensic evidential samples have been controlled by criminal laws and could not be destroyed carelessly, even if any analytical examinations should be needed on the samples, while those samples should be examined rapidly on the basis of the human rights of the concerned suspects or victims. Those evidential samples have been observed and have been examined by many forensic expe...

BACKGROUND Sex work is a criminal offence, virtually throughout Africa. This criminalisation and the intense stigma attached to the profession shapes interactions between sex workers and their clients, family, fellow community members, and societal structures such as the police and social services. METHODS We explore the impact of violence and related human rights abuses on the lives of sex w...

This Note assesses the effect of laws that specifically criminalize behaviors that expose others to the human immunodeficiency virus (HIV). This Note examines the relationship between HIV testing decisions by high-risk individuals and the existence of these HIV-specific statutes, as well as the amount of media coverage related to them. One of the main reasons public health experts criticize cri...

In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of...