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Articles 1 - 30 of 113
Full-Text Articles in Entire DC Network
Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton
University of the District of Columbia Law Review
No abstract provided.
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King
American University Law Review
This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.
The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
William & Mary Law Review
No abstract provided.
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
University of Richmond Law Review
No abstract provided.
Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle
Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle
William & Mary Law Review
No abstract provided.
Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez
Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez
Buffalo Intellectual Property Law Journal
No abstract provided.
Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema
Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema
Buffalo Human Rights Law Review
No abstract provided.
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White
Washington and Lee Law Review
No abstract provided.
Crime, Legitimacy, And Testilying, I. Bennett Capers
Crime, Legitimacy, And Testilying, I. Bennett Capers
Indiana Law Journal
No abstract provided.
"The Mother Of All Balancing Tests": State V. Ariegwe And Montana's Revised Speedy Trial Analysis, Myles Braccio, Jessie Lundberg
"The Mother Of All Balancing Tests": State V. Ariegwe And Montana's Revised Speedy Trial Analysis, Myles Braccio, Jessie Lundberg
Montana Law Review
Right to Speedy Trial
Consent To Harm, Vera Bergelson
The Ideal Victim, Leo Zaibert
New Rights And Remedies: The Federal Crime Victims' Rights Act Of 2004, David E. Aaronson
New Rights And Remedies: The Federal Crime Victims' Rights Act Of 2004, David E. Aaronson
Pace Law Review
No abstract provided.
Victims And The Significance Of Causing Harm, Guyora Binder
Victims And The Significance Of Causing Harm, Guyora Binder
Pace Law Review
No abstract provided.
Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa
Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa
Pace Law Review
No abstract provided.
Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez
Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez
Pace Law Review
No abstract provided.
Child Pornography's Forgotten Victims, Audrey Rogers
Child Pornography's Forgotten Victims, Audrey Rogers
Pace Law Review
No abstract provided.
Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno
Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno
Pace Law Review
No abstract provided.
Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
San Diego International Law Journal
Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …
Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken
Truth And Innocence Procedures To Free Innocent Persons: Beyond The Adversarial System, Tim Bakken
University of Michigan Journal of Law Reform
Through innocent pleas and innocence procedures, this Article urges a fundamental change to the adversarial system to minimize the risk that factually innocent persons will be convicted of crimes. The current system, based on determining whether the prosecution can prove guilt beyond a reasonable doubt, results in acquittals of guilty persons when evidence is sparse and convictions of innocent persons when evidence is abundant. It might be easier philosophically to accept that guilty persons will go free than to know that some innocent persons will be convicted and imprisoned, especially in the American justice system where erroneous jury verdicts based …
The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer
The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer
University of Richmond Law Review
This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …
Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon
Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon
West Virginia Law Review
No abstract provided.
Death Becomes The State: The Death Penalty In New York State - Past, Present And Future, Deborah L. Heller
Death Becomes The State: The Death Penalty In New York State - Past, Present And Future, Deborah L. Heller
Pace Law Review
No abstract provided.
Retribution, Restoration, And White-Collar Crime, Katherine Beaty Chiste
Retribution, Restoration, And White-Collar Crime, Katherine Beaty Chiste
Dalhousie Law Journal
A "restorative" approach to criminality and conflict has been proposed in a number of common law jurisdictions in a variety of legal contexts, both civil and criminal, with an interesting exception: white-collar crime, which is discussedin an almost exclusively retributive vocabulary. This paper explores what a specifically restorative response to white-collar crime might look like, a response which above all else would seek to heal the harm the crime has done. In particular,the author looks at the possibilities for voluntary participation of victims and offenders; broad stakeholder inclusion and a focus on future relations rather than past offences-all necessaryparts of …
War Tales And War Trials, Patricia M. Wald
War Tales And War Trials, Patricia M. Wald
Michigan Law Review
In this foreword, I will compare my experiences as a judge on the International Criminal Tribunal for the former Yugoslavia, and the work of war crimes tribunals generally, with a few of the recurrent themes in epic tales of war. Books and trials strive to educate and to persuade their audiences of the barbarity of war and its antipathy to the most fundamental norms of a humane society.3 War crimes tribunals began with Nuremberg and have proliferated in the past fifteen years. These tribunals were established to try and to punish individuals for violations of international humanitarian law ("IHL")-the so-called …
Deconstructing International Criminal Law, Kevin Jon Heller
Deconstructing International Criminal Law, Kevin Jon Heller
Michigan Law Review
After nearly fifty years of post-Nuremberg hibernation, international criminal tribunals have returned to the world stage with a vengeance. The Security Council created the International Criminal Tribunal for the former Yugoslavia ("ICTY") in 1993 and the International Criminal Tribunal for Rwanda ("ICTR") in 1994. Hybrid domestic-international tribunals have been established in Sierra Leone (2000), East Timor (2000), Kosovo (2000), Cambodia (2003), Bosnia (2005), and Lebanon (2007). And, of course, the international community's dream of a permanent tribunal was finally realized in 2002, when the Rome Statute of the International Criminal Court ("ICC") entered into force. This unprecedented proliferation of international …
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
West Virginia Law Review
No abstract provided.
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
Dalhousie Law Journal
In this paper, the author examines the trend toward the increased criminalization and punishment of persons with HIV who fail to inform their stxual partners of their HIV-positive status. Since the Supreme Court of Canada's decision in R. v. Cuerrier, such behaviour may constitute aggravated assaultor aggravated sexual assault, the latter offence carrying a maximum sentence of life imprisonment. The paper surveys the Canadian case law and highlights the trend towards the imposition of increasingly harsh sentences. After reviewing public-health and criminal law options for dealing with nondisclosure of one's HIV status, the author concludes that criminal law should only …
Forgive Me Father For I Have Sinned: The Victims, The Abusers, The Church And The Law, Stephanie M. Adduci, M.A.
Forgive Me Father For I Have Sinned: The Victims, The Abusers, The Church And The Law, Stephanie M. Adduci, M.A.
Journal of Race, Gender, and Ethnicity
No abstract provided.
Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera
Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera
Journal of Race, Gender, and Ethnicity
No abstract provided.