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Articles 1 - 11 of 11
Full-Text Articles in Entire DC Network
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey
Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey
Pace Law Review
No abstract provided.
Can A Jury Believe My Eyes, And Should Courts Let Experts Tell Them Why Not? The Admissibility Of Expert Testimony On Cross-Racial Eyewitness Identification In New York After People V. Young, Jody E. Frampton
Pace Law Review
No abstract provided.
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
Pace Law Review
No abstract provided.
An Argument For Original Intent: Restoring Rule 801(D)(1)(A) To Protect Domestic Violence Victims In A Post-Crawford World, Andrew King-Ries
An Argument For Original Intent: Restoring Rule 801(D)(1)(A) To Protect Domestic Violence Victims In A Post-Crawford World, Andrew King-Ries
Pace Law Review
No abstract provided.
The Act Requirement As A Basic Concept Of Criminal Law, Luis E. Chiesa
The Act Requirement As A Basic Concept Of Criminal Law, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman
Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
By any measure, Brady v. Maryland has not lived up to its expectations. Brady's announcement of a constitutional duty on prosecutors to disclose exculpatory evidence to defendants embodies, more powerfully than any other constitutional rule, the core of the prosecutor's ethical duty to seek justice rather than victory. Nevertheless, prosecutors over the years have not accorded Brady the respect it deserves. Prosecutors have violated its principles so often that it stands more as a landmark to prosecutorial indifference and abuse than a hallmark of justice. Moreover, as interpreted by the judiciary, Brady actually invites prosecutors to bend, if not break, …
Taking Victims Seriously: A Dworkinian Theory Of Punishment, Luis E. Chiesa
Taking Victims Seriously: A Dworkinian Theory Of Punishment, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …
Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa
Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
In this article it is argued that in two controversial homicide cases--severing conjoined twins and downing a hijacked commercial plane headed toward a heavily populated area--it is permissible to kill innocent human beings without having to establish the existence of a claim of justifcation such as self-defense or choice of evils. Even though criminal law scholars consider that unjustified conduct is always wrong, the position defended in the article is that there is a normative gap between an absence of justification and a finding of wrongdoing. This "normative gap defense," which negates wrongdoing without justifying the conduct, is the best …
Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin
Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
Part I of this Article traces the shared history of the right against self-incrimination from twelfth-century England to the mid-twentieth century. Part II examines the modern history of the privilege in the United States, from the Supreme Court's 1965 decision in Griffin to its 1999 decision in Mitchell. Part III examines the United Kingdom's modern approach to the privilege, including its re-shaping of the privilege in response to domestic terrorism. Part IV examines why the U.S. and U.K. systems, with a common history and shared values, have moved in such dramatically different directions with respect to the privilege. Part V …