A Practice Note covering trends and developments in the federal government's prosecution of white collar crime. Specifically, this Note examines the government's tactics and strategies in enforcing federal criminal laws, the elements of several criminal statutes frequently used by the government to prosecute corporate crime, what constitutes criminal intent in white collar cases, company and ma...

The relationship between law and morality represents a major theme in jurisprudence and is the subject-matter of this article. I shall focus on the use of the criminal law to enforce morality and, in particular, I shall consider whether an identifiable line can be drawn between moral standards that may properly be the subject of legal enforcement and those that may not. This issue was, of cours...

Fatigue is an increasingly recognised risk factor for transportation accidents. In light of this, there is the question of whether driving whilst fatigued should be a criminal offence. This paper discusses the current legal position, including the problems of voluntary conduct and self awareness. Three models for reform are proposed. The manner in which scientific research can inform legal cons...

Follow this and additional works at: http://scholarship.law.upenn.edu/faculty_scholarship Part of the American Politics Commons, Criminal Law Commons, Criminal Procedure Commons, Criminology and Criminal Justice Commons, Ethics and Political Philosophy Commons, Law and Politics Commons, Law and Society Commons, Law Enforcement and Corrections Commons, Policy Design, Analysis, and Evaluation Com...

Different nations’ tendency to expand their judicial and legislative territory outside their ruling kingdom has caused conflicts in the criminal qualification and the coming into existence of legal bad effects. Among these bad effects is the double or additional punishment of someone who has been tried and received their penalty in another country before, which is at odds with the principles of...

Criminal sanctions are usually public, stable and predictable. In contrast, the practices governing the determination of the probability of detection and conviction reinforce uncertainty. We invoke psychological insights to illustrate that criminals prefer a scheme in which the size of the sentence is uncertain while the probability of detection and conviction is certain. Consequently, the choi...

Women with mental disabilities confront sexual assault at an alarming rate. We have argued elsewhere that this reality should be reflected in our understanding of the concepts of consent and capacity in the criminal law of sexual assault (Benedet and Grant 2007a; Benedet and Grant 2007b). In this paper, we examine recent developments in Canadian sexual assault law and consider whether they are ...