Kriminalisztika (Hírfigyelő)

Coming Soon to a Police Station Near You: The DNA ‘Magic Box’

kriminalisztika-topics.nytimes.com - 2019. január 21. 08:30
With Rapid DNA machines, genetic fingerprinting could become as routine as the old-fashioned kind. But forensic experts see a potential for misuse.

Cops Can't Force Phones Unlocked With Face and Fingerprints

kriminalisztika-feeds.findlaw.com - 2019. január 18. 00:44
In a landmark ruling, a federal district court judge in Northern California ruled that police cannot force people to use biometrics to unlock their phones without a specific warrant. As technology advances, some are worried about their invasion of privacy, both civilly and criminally. Though this ruling has limited......

3 Popular Side Hustles That Are (Still) Illegal

kriminalisztika-feeds.findlaw.com - 2019. január 18. 00:10
These days, everyone's talking about a side hustle, either doing one, fixin' to do one, or just daydreaming about the possibilities. Side hustles take up a lot of spare time, but can make you a lot of spare money too! If you're thinking about joining the gig economy, but......

Domino's Pizza Ordered to Make Website Accessible

kriminalisztika-feeds.findlaw.com - 2019. január 17. 20:53
The Ninth Circuit put in its order to Domino's, but it wasn't for pizza, or even chicken wings. It was to get its website and mobile app compliant with the American Disability Act so that the visually impaired could have full use of their site, including ordering and discounted......

This Oreo Lawsuit Might Have Huge Implications for Cyber Insurance

kriminalisztika-feeds.findlaw.com - 2019. január 16. 23:48
Lawyers love to haggle over definitions, and insurance companies love to get out of paying out policies. So imagine the conversations brewing over the Oreo-NotPetya lawsuit.NotPetya is ransomeware that infected millions of computers in 2017, causing $10 billion dollars in damage to companies worldwide. Though the Russian government vehemently......

What's a Violent Felony? Supreme Court Just Lowered the Standard

kriminalisztika-feeds.findlaw.com - 2019. január 16. 20:40
Repeated violent felonies can have dire consequences for some criminals. Many states, and the federal government, have three-strike type rules that require mandatory sentencing for certain convictions post-third-strike. Therefore, defendants can, and should, fight tooth-and-nail to keep convictions from coming under violent felony codes.But what is "violent"? According to......

Consumer Protection Websites Are Down as Gov. Shutdown Continues

kriminalisztika-feeds.findlaw.com - 2019. január 16. 19:30
As the old saying goes, "problems" roll downhill, and at the bottom of The Hill's federal shutdown are consumers. Numerous governmental entities, products, and services that protect consumer interests have been shuttered. None have mentioned any date of reopening soon, as the federal government shutdown now reaches the longest......

Federal Judge Blocks Employers From Opting Out of Birth Control Coverage

kriminalisztika-feeds.findlaw.com - 2019. január 15. 22:51
At the eleventh hour, one judge in Philadelphia blocked employers from opting out of providing birth control coverage to employees.The Trump Administration, specifically the U.S. Departments of Health and Human Services (HHS), Labor and Treasury, issued new federal laws in October 2018, allowing business and nonprofits to opt out......

Chicago Airbnb Hosts Lack Standing in Class Action, Court Rules

kriminalisztika-feeds.findlaw.com - 2019. január 15. 21:34
In 2016, the Chicago City Council passed a very lengthy ordinance that governs home-sharing agreements, placing certain requirements on the host and host-sharing platform. A group of individual Chicago residents and a home-sharing advocacy group joined together to file a class action lawsuit against the city, claiming this ordinance violated......

When Is It Too Late to Sign Up for Obamacare?

kriminalisztika-feeds.findlaw.com - 2019. január 15. 21:30
For those that don't already have health insurance through their employer, the Affordable Care Act provides a marketplace for insurance plans. Known more broadly as Obamacare, the ACA also requires everyone to have some health insurance plan while guaranteeing coverage regardless of pre-existing conditions. So, when do you need to......

When Should You Call the Police Over Hate Mail?

kriminalisztika-feeds.findlaw.com - 2019. január 15. 20:16
People can be downright nasty, especially in this age of social media. Though people have a First Amendment right to speak their minds, that right is limited. As the old saying goes, "Your right to swing your arms stops at my nose." If you are the recipient of hate......

Potsdam Boy’s Murder Case May Hinge on Minuscule DNA Sample From Fingernail

kriminalisztika-topics.nytimes.com - 2019. január 14. 22:30
The prosecution may use a cutting-edge method to tie Oral Nicholas Hillary to the killing of Garrett Phillips. The defense says the method is unreliable.

EgyptAir Flight 804 Broke Up in Midair After a Fire, Evidence Suggests

kriminalisztika-topics.nytimes.com - 2019. január 14. 22:30
Investigators do not know, however, if the blaze that is thought to have caused the plane to come apart was an accident or caused by terrorism.

Russian Agency Accused of Hiding Dirty Samples

kriminalisztika-topics.nytimes.com - 2019. január 14. 22:30
Richard McLaren, a Canadian lawyer who led the World Anti-Doping Agency's investigation into Russian Olympic cheating, said Russia's security service was involved in the scheme.

3 Tax Tips for Business Partnerships

kriminalisztika-feeds.findlaw.com - 2019. január 14. 21:14
If you are involved in a business partnership, you already know that the business itself doesn't pay taxes. Rather, in a partnership, tax liabilities flow directly on to the individual tax return of each partner, based on the partnership agreement. Now that the 2018 books are closed, here are a......

Is U.S. Immigration Aiding Underage Sex Trafficking?

kriminalisztika-feeds.findlaw.com - 2019. január 14. 21:11
The United States government has potentially blessed over 8,000 underage sex trafficking cases in the past 10 years through its immigration portal, according to a recent report by the Senate Homeland Security and Governmental Affairs Committee.In a country that is currently experiencing harsh immigration blocks, this is one loophole......

Laying the Foundations for a Convention on Crimes Against HumanityConcluding Observations

AbstractHow far have we come in laying the foundations for a Convention on the Prevention and Punishment of Crimes Against Humanity? The co-editors of this symposium conclude that solid groundwork has been laid and hope that the current momentum will be maintained. At the same time, they caution against a ‘rush to conclusion’ as they see room for considerable refinement of many of the proposed provisions as well as the need for a genuine attempt to address the unresolved questions of immunity ratione materiae and amnesty. At this juncture, it is not easy to predict whether a meaningful new draft convention can be presented without further deepening the divide among states about international criminal justice. But it can safely be stated that every additional investment in intellectual energy and time to arrive at the formulation of such a draft is worthy of the effort. The adoption of a Convention on Crimes Against Humanity and preferably one that also updates the Genocide Convention would mark another milestone in the evolution of the international criminal justice system.

Criminalization of Crimes Against Humanity under National Law

AbstractThis article discusses Article 6 of the International Law Commission’s (ILC) draft articles on crimes against humanity, which deals with criminalization of crimes against humanity in national law. The provision uses neutral and generic terms to describe criminal responsibility. This is appropriate for a treaty like the one which could result from the ILC articles, where it would be left to state parties to enact legislation and to align criminal responsibility for crimes against humanity to existing legal concepts in domestic law. Article 6 is a broad provision, yet it leaves a few gaps. This contribution suggests the insertion and explicit recognition of conspiracy as entailing criminal responsibility for crimes against humanity. Moreover, it proposes a modification of the superior orders defence, allowing reliance on the defence for non-manifestly unlawful orders. The clause on liability of legal persons is welcomed, whereas the provision on superior responsibility is criticized. The latter, mirroring Article 28 of the International Criminal Court’s (ICC) Statute, is at the moment vague and unclear. Thus, drafters are encouraged to adopt a ‘splitting solution’, recognizing a number of separate superior responsibility concepts.

The Draft Articles on Crimes Against Humanity and Immunities of State OfficialsUnfinished Business?

AbstractThe Draft Articles on Crimes Against Humanity adopted by the International Law Commission (ILC) on first reading in 2017 contain a clause stating that the official position of a defendant is not a ground to exclude his or her criminal liability, in line with the one included, for instance, in the Genocide Convention. According to this article, this provision shall be retained in the final version of the Draft Articles and should be read as excluding the possibility for state officials suspected of crimes against humanity to invoke immunity ratione materiae before any tribunal. Unfortunately, it seems that the irrelevance of official capacity and the unavailability of functional immunity with respect to allegations of crimes under international law are too often considered as separate notions thus engendering ambiguity on the issue. Therefore, it is regrettable that the different ILC Working Groups and Special Rapporteurs touching on the relationship between immunities of state officials and the prosecution of crimes under international law are working in a compartmentalized manner. On the other hand, the Draft Articles do not contain any provision on immunities ratione personae and, in light of the prevailing interpretation of customary rules, the chances that an incumbent state official enjoying personal immunities who allegedly committed crimes against humanity is brought to trial before any tribunal are almost non-existent. Nonetheless, it would be highly preferable that the Special Rapporteur on Crimes Against Humanity and the ILC take up the issue and at least expose the consequences of upholding immunities ratione personae of state officials in case of allegations of crimes against humanity.

Former Oregon Footballer Sues Coaches, School, NCAA for Workout Injuries

kriminalisztika-feeds.findlaw.com - 2019. január 12. 18:31
Depending on who you ask, a series of workouts imposed by then-new Oregon football coach Willie Taggart in January 2017 were either "a physically impossible exercise regimen of squats and told the student athletes that the workout 'would demonstrate who wanted to be on the team,'" or "akin to military......
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