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Rethinking Adversariness In Nonjury Criminal Trials, Sean Doran, John D. Jackson, Michael L. Seigel

UF Law Faculty Publications

This Article argues that when the jury is withdrawn from the common law criminal trial, the accused suffers an adversarial deficit. This deficit occurs because many of the procedural devices built into the trial process -- particularly those designed to provide the defendant with a meaningful opportunity to contest the case against him and to ensure that any determination of guilt is based solely on the evidence adduced in the courtroom -- are predicated on the existence of a decision-making body that comes "cold" to the contest, devoid of extraneous knowledge concerning the facts of the case or the relevant …

Section 9: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Street Gangs And Drug Sales In Two Suburban Cities, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

The Americans With Disabilities Act And Criminal Justice: Mental Disabilities And Corrections, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch

Penn State International Law Review

No abstract provided.

Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney

Penn State International Law Review

No abstract provided.

You Have The Right To Be Silent ... Anything You Do Not Say May Be Used Against You. Is The Right To Silence In Great Britain Really A Protection?, Diane Beckman

Penn State International Law Review

No abstract provided.

The Mandatory Arrest Law: Police Reaction, Kevin Walsh

Pace Law Review

The mandatory arrest requirement in certain domestic violence situations is unique, due to the fact that no other class of offense requires arrest. The Criminal Procedure Law states that a police officer "may arrest" for all other classes of offenses. The new subdivision states that a police officer "shall arrest a person, and shall not attempt to reconcile the parties or mediate .... ." The use of the word "shall," in contrast to "may," indicates obligation or necessity. Why has this class of offenses been singled out for mandatory arrest? What factors brought this mandatory arrest law about?

Violence Prevention: A Vision Of Hope: Final Report, Policy Council On Violence Prevention

California Agencies

In May of 1994, California Attorney General Daniel E. Lungren appointed a Policy Council on Violence Prevention and charged the Council with "studying violence in California and recommending policies and strategies for reversing the pervasive culture of violence in our society." The Council was a diverse, multidisciplinary group representing criminal justice, health, education, business, family violence, parents, youth-serving organizations, media, research, religious and community-action groups, and state agencies.

Council members purposely decided to look at violence from a wide and inclusive viewpoint. The nature of their work, therefore, was deliberately designed to cast a broad net so as to gain …

Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss

Indiana Law Journal

No abstract provided.

No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan

All Faculty Scholarship

Federal Rule of Evidence (FRE) 609 governs admission of prior conviction evidence. Under this rule, it is easier to admit evidence of a prior conviction that is less than ten years old than to admit evidence of older convictions. The ten year period is measured from the later of either the date of conviction or the date of release from confinement.

Calculating the ten year period is fairly straightforward in most cases but becomes confusing when the witness has been confined for violating the terms of probation, parole, or some other period of conditional release. Does the confinement for violation …

Constitutional Criminal Procedure, Edward D. Lukemire, John Lynch

Mercer Law Review

This year's survey of Eleventh Circuit criminal cases is primarily a review of those decisions which involve significant constitutional issues. As in recent years, a substantial number of the court's decisions resulted from drug prosecutions. This is due to the increase in federal resources devoted to drug prosecutions and the substantially longer sentences which often result from a federal drug conviction as compared to a state conviction for the same offense. The court also decided a great many cases involving issued interpreting the Federal Sentencing Guidelines. Even though these cases do not usually involve constitutional issues, the authors decided to …

Prosecuting Child Physical Abuse Cases: A Case Study In San Diego, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Civil Rights And Criminal Justice: Employment Discrimination Overview, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …

Good Sense And 21, Paul D. Carrington

Washington and Lee Law Review

No abstract provided.

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington, Frank O. Bowman, Iii

Washington and Lee Law Review

No abstract provided.

National Assessment Program: 1994 Survey Results, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Controlling Tuberculosis In Community Corrections, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

The Re-Defining Of White Collar Crime, M. I. Dixon

Penn State International Law Review

No abstract provided.

Black/Parallel Markets: When Is A Money Exchanger A Money Launderer?, Wilmer Parker Iii

Penn State International Law Review

No abstract provided.

Of Securities Law In Haven Jurisdictionspalm Trees Hide More Than Sunshine: The Extraterritorial Application, Howard S. Eberstein

Penn State International Law Review

No abstract provided.

Civil Disclosure And Freezing Orders: Recovering Property From Overseas, Marvin G. Pickholz, James Bernard

Penn State International Law Review

No abstract provided.

Forming A More Secure Union: The Growing Problem Of Organized Crime In Europe As A Challenge To National Sovereignty, Joel S. Solomon

Penn State International Law Review

No abstract provided.

Global Trends In Securities Regulation: The Changing Legal Climate, Dr. Barry A.K. Rider

Penn State International Law Review

No abstract provided.

The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis

Penn State International Law Review

No abstract provided.

Child Sex Tourism To Thailand: The Role Of The United States As A Consumer Country, Vickie F. Li

Washington International Law Journal

The proliferation of child prostitution in Thailand has been closely linked to the explosive growth of the sex industry. Political, economic, and cultural factors internal to Thailand alongside external forces from foreign sex tourism, have all contributed to the rising number of prostituted children. In September 1994, the United States enacted an amendment to the Mann Act to prosecute citizens for traveling or conspiring to travel abroad with the intent to engage minors in sexual activities. This Comment traces the development of child prostitution in Thailand and examines the effect of U.S. law in deterring sex tourism abroad. Comparisons to …

Reflections On O.J. And The Gas Chamber, J. Michael Echevarria

San Diego Law Review

This Article discusses the traditional justifications advanced in support of the death penalty and compares them with current empirical data. The justifications are then applied to the O.J. Simpson case. The Article examines the data and reasons for the incidence of error in convicting innocent defendants in capital cases. The type of representation available to O.J. Simpson is contrasted with the quality of representation accorded to most capital defendants. After comparing the empirical data with the ideological justifications for capital punishment, the Author concludes that capital punishment is not necessary.

Putting Women First, Mary Coombs

Michigan Law Review

A Review of Gender, Crime, and Punishment by Kathleen Daly

Second Chances: Bill C-72 And The Charter, Isabel Grant

Osgoode Hall Law Journal

This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …