Nilanjana Banerjee

Author Archives: Nilanjana Banerjee

Lawrence v Texas | Decriminalising Homosexuality

This article titled ‘Lawrence v Texas- Decriminalising Homosexuality’ is written by Nilanjana Banerjee and discusses the decriminalizing of homosexuality. I. Introduction Homosexuality is the physical, mental, sexual attraction between members of same-sex or gender. The term homosexual is a hybrid of Latin and Greek words. The common alternatives to the term homosexual are gay, lesbians, LGBTQ. Since the very… Read More »

Racial Discrimination-a hurdle?

This article titled ‘Racial Discrimination-a hurdle?’ is written by Nilanjana Banerjee and aims to discuss discrimination on the basis of race and restricts it to the contest of the US. I. Introduction Inequality exists everywhere, perhaps it is the everydayness of inequality that makes it look like it is justified. There are numerous basis of such inequality like religion,… Read More »

Criminal Law and Freedom of Speech

This article on ‘Criminal Law and Freedom of Speech’ is written by Nilanjana Banerjee and explores the limits imposed by the USA on the criminalisation of speech. I. Introduction Freedom of expression is an immensely important right for every individual and free speech is an inseparable part of it. First amendment offers a descriptive view of the free… Read More »

Causation and Harm as elements

This article titled ‘Causation and Harm as elements’ is written by Nilanjana Banerjee and discusses their importance as the elements of a crime. I. Introduction Criminal acts have three elements and two of them are sine qua non for every crime. An act comprising of criminal act and intent are at times also known as ‘conduct’. Model penal code… Read More »

National Institute of Corrections

This article titled ‘National Institute of Corrections’ is written by Nilanjana Banerjee and discusses the role, functioning etc of the NIC. I. Introduction The US being the home to the highest number of prisoners needs a proper administrative agency to regulate the functioning of prison authorities. This is where NIC i.e. National Institute of Corrections comes into play. It… Read More »

The Burden of Proof in the US Criminal Justice System

This article on ‘The Burden of Proof in the US Criminal Justice System’ is written by Nilanjana Banerjee and discusses what the burden of proof means, the standard of burden of proof in several cases, the tools for the burden of proof etc. I. Introduction US Criminal Justice System follows the principle of ‘presumed innocent until proven guilty and therefore… Read More »

Is Over Criminalisation a problem in the USA?

This article titled ‘Is Over Criminalisation a problem in the USA?’ is written by Nilanjana Banerjee and discuss the overuse of law i.e. over- criminalisation in the context of the USA. I. Introduction There is no doubt about how important laws are in our society. But the answer to ‘what is law’[1] is the toughest one, while that… Read More »

Miranda v. Arizona – The Right to Remain Silent

This article on ‘Miranda v. Arizona – The right to remain silent’ is written by Nilanjana Banerjee and focus on the self-incriminating laws in the US and how their present status. I. Introduction It is an established fact that every individual possesses certain rights which can be limited by reasonable restrictions. But when a person is accused in… Read More »

Crimes Against Property in the USA

This article on ‘Crimes against property in the USA’ is written by Nilanjana Banerjee and discusses the various crimes against property as recognized under US law. I. Introduction There is a general notion that crime causes harm to individuals, but it can damage the property too such as breaking the thing, stealing away or even burning down. The… Read More »

The United States and its influence on Rome statute

This article on ‘The United States and its influence on Rome statute’ is written by Nilanjana Banerjee and aims to discuss what Rome Statute is, how did it grow, what is the role of the US in its growth. It will also analyse how the relationship between the US and International Criminal Court is. I. Introduction Every nation… Read More »