Category: Criminal
A Drug Addicted Pregnancy
When there is substance abuse during pregnancy, should the criminal justice system regulate the conduct of pregnant women?
Unmasking Equality of Arms
The principle of equality of arms provides all parties the protection of a fair trial. However, procedural equality does not always equate to actual and effective equality
Forced Marriages: What Are You Criminalising?
By NAZMIN AKTHAR – The UK government announced it’s plans to criminalise forced marriages. Is the legal system capable of dealing with the issue forced marriages? When considering the courtroom repercussions of criminalising forced marriage, this author questions whether the court system is the proper forum for eradicating forced marriages
Stop, Frisk, and Give Me Your Cell Phone
By JASON M TENENBAUM – Recently, the legality of warrantless searches of cell phones incident to arrest has become a serious issue for defendants and privacy advocates around the nation. Analogizing searches of cell phones to searches of containers, the courts have usually upheld the warrantless search of a cell phone incident to arrest, whether they have been limited in scope to simply retrieving a phone’s telephone number, or as broad as searching the entire phone
The Myths of Bedford v. Canada: Why Decriminalizing Prostitution Won’t Help
By LAURA JOHNSTON – The argument that decriminalizing prostitution will improve conditions for prostituted women sounds appealing on its surface. The first time I heard it I thought it made sense. But when I began volunteering in a rape crisis centre and shelter and met women in prostitution, I realized that decriminalization wouldn’t address the reality of women’s lives. This piece is my analysis from my experiences doing front line work, and in working on the Bedford case.
Statutory Interpretation: Sometimes It Is Easier Than It Appears.
By JOSHUA D JONES, J.D. – What does it mean to make child pornography? The issue before the court in People v. Hill was whether the act of copying or burning images to the CD-R’s amounted to producing or making “child sexually abusive material”.
