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Articles 1 - 30 of 361
Full-Text Articles in Entire DC Network
Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.
Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.
Faculty Scholarship
War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States …
Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher
Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher
Nevada Supreme Court Summaries
No abstract provided.
New Procedures Will Aid Accurate Eyewitnes Identification, Lisa Bruiniers, Craig Ching, Mark Goossens, Dan Taylor
New Procedures Will Aid Accurate Eyewitnes Identification, Lisa Bruiniers, Craig Ching, Mark Goossens, Dan Taylor
Student Publications
No abstract provided.
Conceptualizing Blakely, Douglas A. Berman
Conceptualizing Blakely, Douglas A. Berman
The Ohio State University Moritz College of Law Working Paper Series
The Supreme Court’s decision in Blakely v. Washington has generated impassioned judicial and academic criticisms, perhaps because the “earthquake” ruling seems to announce a destructive rule in search of a sound principle. Read broadly, the jury trial rule articulated in Blakely might be thought to cast constitutional doubt on any and all judicial fact-finding at sentencing. Yet judicial fact-finding at sentencing has a long history, and such fact-finding has been an integral component of modern sentencing reforms and seems critical to the operation of guideline sentencing. The caustic reaction to Blakely reflects the fact that the decision has sowed confusion …
Legality Principle Of Crimes And Punishments In Iranian Legal System, Seyed Doraid Mousavi Mojab
Legality Principle Of Crimes And Punishments In Iranian Legal System, Seyed Doraid Mousavi Mojab
ExpressO
The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before.
The legality principle protects individual security by ensuring basic individual libertties against the arbitrary and unwarranted intrusion of the state. Thus, the criminal judge can’t call the individuals’ acts crime and assign punishments for them or exert punishments that are not prescribed by the Legislator without any letter of law. If an act is morally rebutted or …
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Death Penalty Law, Holly Geerdes, David Lawless
Death Penalty Law, Holly Geerdes, David Lawless
Mercer Law Review
This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2003, through May 31, 2004. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four United States Supreme Court decisions are included in this survey because of their salience to Georgia death penalty law.
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
William & Mary Bill of Rights Journal
No abstract provided.
Suppressing The Incriminating Statements Of Foreigners, John Quigley
Suppressing The Incriminating Statements Of Foreigners, John Quigley
William & Mary Bill of Rights Journal
No abstract provided.
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
No abstract provided.
The Extraordinary Execution Of Billy Vickers, The Banality Of Death, And The Demise Of Post-Conviction Review, David R. Dow, Jim Marcus, Morris Moon, Jared Tyler, Greg Wiercioch
The Extraordinary Execution Of Billy Vickers, The Banality Of Death, And The Demise Of Post-Conviction Review, David R. Dow, Jim Marcus, Morris Moon, Jared Tyler, Greg Wiercioch
William & Mary Bill of Rights Journal
No abstract provided.
From Breard To Atkins To Malvo: Legal Incompetency And Human Rights Norms On The Fringes Of The Death Penalty, Linda A. Malone
From Breard To Atkins To Malvo: Legal Incompetency And Human Rights Norms On The Fringes Of The Death Penalty, Linda A. Malone
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Death Penalty And International Law, Davison M. Douglas
Introduction: Death Penalty And International Law, Davison M. Douglas
William & Mary Bill of Rights Journal
No abstract provided.
Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati
Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati
Nevada Supreme Court Summaries
Defendant appealed his conviction on two counts of first-degree murder with the use of a deadly weapon, for which he received a sentence of death.
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …
Whistle Blowing, Ben Depoorter, Jef De Mot
Whistle Blowing, Ben Depoorter, Jef De Mot
George Mason University School of Law Working Papers Series
For law enforcement purposes corruption and fraud are hard battles. Because of the highly secretive and premeditated nature of these crimes, prime witnesses are themselves often implicated in the fraudulent transaction. Promises of immunity and whistle blowing rewards are often required to resolve these information asymmetries. These insights have set a trend, both in scholarship and law enforcement practice, towards reward-based approaches (carrots), as an alternative or complement to punishment based deterrence (sticks). Applying the U.S. False Claims Act (FCA) as an analytical framework, we provide a critical review of the efficiency limitations of whistle blowing. More specifically, the formal …
Screening, Plea Bargains And The Innocent Problem, Oren Gazal
Screening, Plea Bargains And The Innocent Problem, Oren Gazal
Law & Economics Working Papers Archive: 2003-2009
Courts in common law countries reject plea-agreements only when the agreed upon sentence is seen as exceedingly lenient. This judicial intervention is designed to ensure that plea-bargaining does not undermine deterrence. Many legal scholars argue against this policy, claiming that courts should prohibit plea-bargaining all together. They argue that the plea-bargaining system increases the risk of wrongful convictions. Economists often criticize this judicial intervention as well, but for a different reason. Rather than advocating the abolition of plea-bargaining, many economists argue that the courts should accept all plea-agreements without review. They claim that plea-bargaining can help ensure an efficient use …
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Faculty Scholarship
States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …
Section 1: Moot Court, Roper V. Simmons, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court, Roper V. Simmons, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Why Were Perry Mason's Clients Always Innocent? The Criminal Lawyer's Moral Dilemma - The Criminal Defendant Who Tells His Lawyer He Is Guilty, Randolph Braccialarghe
Why Were Perry Mason's Clients Always Innocent? The Criminal Lawyer's Moral Dilemma - The Criminal Defendant Who Tells His Lawyer He Is Guilty, Randolph Braccialarghe
Faculty Scholarship
No abstract provided.
Function Over Formalism: A Provisional Theory Of The Constitutional Law Of Crime And Punishment, Frank O. Bowman Iii
Function Over Formalism: A Provisional Theory Of The Constitutional Law Of Crime And Punishment, Frank O. Bowman Iii
Faculty Publications
This Article is, in effect, the second half of the author's argument against the Supreme Court's interpretation of the Sixth Amendment in Blakely v. Washington. The first half appeared in "Train Wreck? Or Can the Federal Sentencing System Be Saved? A Plea for Rapid Reversal of Blakely v. Washington," 41 American Criminal Law Review 217 (2004), and made a pragmatic, consequentialist argument against the Blakely result. This Article takes the next step of providing an alternative constitutional model of criminal sentencing to that offered by Justice Scalia in Blakely. The model emphasizes that a good constitutional model should pay particular …
Drifting Down The Dnieper With Prince Potemkin: Some Skeptical Reflections About The Place Of Compliance Programs In Federal Criminal Sentencing (Symposium), Frank O. Bowman Iii
Drifting Down The Dnieper With Prince Potemkin: Some Skeptical Reflections About The Place Of Compliance Programs In Federal Criminal Sentencing (Symposium), Frank O. Bowman Iii
Faculty Publications
This Article explains how the federal organizational sentencing guidelines work and how they have created incentives for businesses to set up compliance programs. It then considers the paucity of evidence that compliance programs actually prevent the occurrence of corporate crime. It also questions whether investments in compliance programs make sense even for companies caught in a federal criminal investigation. There is little evidence that compliance programs have any significant effect on the likelihood that federal prosecutors will file criminal charges in the first instance. Even more surprisingly, examination of U.S. Sentencing Commission statistics reveals that the compliance program movement seems …
The Next Era Of Sentencing Reform, Steven L. Chanenson
The Next Era Of Sentencing Reform, Steven L. Chanenson
Working Paper Series
This article charts a path for criminal sentencing in the wake of the Supreme Court’s recent bombshell decision in Blakely v. Washington. Blakely has thrust sentencing systems across the country into turmoil. But Justice O’Connor was fundamentally wrong when, in her Blakely dissent, she exclaimed that “Over 20 years of sentencing reform are all but lost.” All is most assuredly not lost. Blakely, properly viewed, is an opportunity – albeit a disruptive one – to re-think and improve our sentencing systems.
The Blakely court interpreted the Sixth Amendment to require that any fact, other than the fact of prior conviction, …
Retroactivity Of New Rules Of Constitutional Law: Why The Supreme Court Should Have Overturned Warren Summerlin's Unconstitutional Death Sentence, Sarah R. Green
William & Mary Bill of Rights Journal
No abstract provided.
The Origins Of American Felony Murder Rules, Guyora Binder
The Origins Of American Felony Murder Rules, Guyora Binder
Journal Articles
Contemporary commentators continue to instruct lawyers and law students that England bequeathed America a sweeping default principle of strict liability for all deaths caused in all felonies. This Article exposes the harsh "common law" felony murder rule as a myth. It retraces the origins of American felony murder rules to reveal their modern, American, and legislative sources, the rationality of their original scope, and the fairness of their original application. It demonstrates that the draconian doctrine of strict liability for all deaths resulting from all felonies was never enacted into English law or received into American law. This Article reviews …
Anthrax Hoaxes, Ira P. Robbins
Anthrax Hoaxes, Ira P. Robbins
Ira P. Robbins
Telling Stories And Keeping Secrets, Abbe Smith
Telling Stories And Keeping Secrets, Abbe Smith
University of the District of Columbia Law Review
No abstract provided.