3,601 research outputs found
Final Report of the Illinois Criminal Code Rewrite and Reform Commission
The Governor of Illinois created a commission to examine the problems with Illinois criminal law and to rewrite the Illinois criminal code. This two-volume Final Report of the Illinois Criminal Code Rewrite and Reform Commission proposes a new criminal code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of criminal code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles and the methods by which the Commission organized its work. This report was co-authored by Paul H. Robinson, Reporter, Michael T. Cahill, Staff Director, and Commission Staff
The Accelerating Degradation of American Criminal Codes
This Article addresses the ongoing-and, indeed, accelerating process of sporadic, piecemeal, and unnecessary legislation leading to increasing inconsistencies and irrationalities in American criminal law. After a wave of modernization in the I960s and 1970s, the past generation has not witnessed further advances, but rather a serious and growing degradation of most criminal codes.
This Article offers several insights regarding criminal code degradation. First, it provides specific and concrete examples of degradation and its harmful effects. Second, drawing on their experiences as participants in the recent reform efforts of Illinois and Kentucky, the authors offer an insider\u27s view of how the political system works (or fails) in the criminal law arena, and of the institutional and personal biases that lead to degradation and impede reform. Third, the authors offer several proposals for overcoming degradation-not just with a one-time-only code revision, but by implementing systemic changes to forestall future degradation.
Despite recent trends, it is not only desirable but feasible for states to engage in a far-reaching reevaluation of their practices in enacting criminal legislation. If pursued, such a reevaluation has the potential to achieve substantial and lasting changes that would bring greater fairness, rationality, and effectiveness to criminal codes
Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory
Blackmail, a wonderfully curious offense, is the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich literature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any evidence to support the assertions. This Article summarizes the results of an empirical study designed to test the competing theories of blackmail to see which best accords with prevailing sentiment. Using a variety of scenarios designed to isolate and test the various criteria different theorists have put forth as “the” key to blackmail, this study reveals which (if any) of the various theories of blackmail proposed to date truly reflects laypeople’s moral judgment. Blackmail is not only a common subject of scholarly theorizing, but also a common object of criminal prohibition. Every American jurisdiction criminalizes blackmail, although there is considerable variation in its formulation. The Article reviews the American statutes and describes the three general approaches these provisions reflect. The empirical study of lay intuitions also allows an assessment of which of these statutory approaches (if any) captures the community’s views, thereby illuminating the extent to which existing law generates results that resonate with, or deviate from, popular moral sentiment. The analyses provide an opportunity to critique the existing theories of blackmail and to suggest a refined theory that best expresses lay intuitions. The present project also reveals the substantial conflict between community views and much existing legislation, indicating recommendations for legislative reform. Finally, the Article suggests lessons that such studies and their analyses offer for criminal law and theory
Crustal Accretion in the Gulf of California: An Intermediaterate Spreading Axis
An important objective of Deep Sea Drilling Project
(DSDP) Leg 65 was to study crustal accretion at an ocean
ridge axis with an intermediate-spreading rate for comparison
with previously studied sections displaying slowand
fast-spreading rates. The southern Gulf of California
was selected for this purpose because the basement displays
high seismic velocities (comparable to those observed
for Cretaceous basement in the western North
Atlantic) and high ambient sedimentation rates, which
facilitated penetration of zero-age basement. Four sites
were drilled, forming an axial transect immediately south
of the Tamayo Fracture Zone (Figs. 1 and 2) and providing
a series of characteristic sections into the crust. This
chapter attempts to provide a brief synthesis of the results
from Leg 65, focusing particularly on the lithology,
geochemistry, and paleomagnetic properties of the
cored basement material. From these data, we present
an interpretation of the processes of magmatic evolution
and crustal accretion occurring at the Gulf of California
spreading axis
The WDR11 complex facilitates the tethering of AP-1-derived vesicles.
Vesicluar transport of proteins from endosomes to the trans-Golgi network (TGN) is an essential cellular pathway, but much of its machinery is still unknown. A screen for genes involved in endosome-to-TGN trafficking produced two hits, the adaptor protein-1 (AP-1 complex), which facilitates vesicle budding, and WDR11. Here we demonstrate that WDR11 forms a stable complex with two other proteins, which localises to the TGN region and does not appear to be associated with AP-1, suggesting it may act downstream from budding. In a vesicle tethering assay, capture of vesicles by golgin-245 was substantially reduced in WDR11-knockout cells. Moreover, structured illumination microscopy and relocation assays indicate that the WDR11 complex is initially recruited onto vesicles rather than the TGN, where it may in turn recruit the golgin binding partner TBC1D23. We propose that the complex acts together with TBC1D23 to facilitate the golgin-mediated capture of vesicles that were generated using AP-1
Crystallography and magnetism of the heavy-fermion compound YbBiPt
The super-heavy-fermion compound YbBiPt has the largest known linear specific-heat coefficient γ=8 J mol−1 K−2, and the source of this enormous ‘‘electronic’’ specific heat is of great current interest. Here we describe neutron-diffraction studies that indicate its previously reported crystallographic structure to be incorrect. We find that the Pt atom is on the unique site and can be thought of as an interstitial in a fictitious rock-salt structure YbBi, which can in turn be thought of as an ordered form of elemental bismuth. We find no evidence of disorder between sites, occupancy on the nominally vacant site, nor for any tetragonal or rhombohedral distortions or displacements. Furthermore, any ordered magnetic moment at low temperature must be less than 0.25μB. The sample contains 8.1 wt. % elemental Bi, and if this is typical of other samples, the previously published values for molar susceptibilities and specific heats should be scaled up by this amount to obtain the intrinsic properties of YbBiPt alone
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