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Criminal Law, Frank C. Mills Iii

Mercer Law Review

This year's legislatively enacted criminal discovery law will be the most influential change in criminal law in many years. Only slightly less significant is the Georgia constitutional enactment of a true life-without- parole sentence. Both changes will vastly increase the cost of the criminal justice system to the taxpayer. The latter will probably increase the cost of crime to the criminal. These legislative events dwarf any changes by the courts.

Nevertheless, there are many cases of substantial note in the survey period for this year. The procedure and proper charge to the jury for an abandonment trial was changed. Apparently …

The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence

Michigan Law Review

This article explores how bias crimes differ from parallel crimes and why this distinction makes a crucial difference in our criminal law. Bias crimes differ from parallel crimes as a matter of both the resulting harm and the mental state of the offender. The nature of the injury sustained by the immediate victim of a bias crime exceeds the harm caused by a parallel crime. Moreover, bias crimes inflict a palpable harm on the broader target community of the crime as well as on society at large, while parallel crimes do not generally cause such widespread injury.

The distinction between …

Section 5: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley

Dalhousie Law Journal

Sentencing is traditionally regarded as one of the most difficult and challenging functions of the criminal justice system. In arriving at the appropriate sanction to be imposed upon an offender, a court must reconcile the principles and objectives of the criminal law with the criminal act committed, the circumstances surrounding its commission, and the character of the offender who committed it. The court must, with the guidance of a few abstract, broadly philosophical, and often contradictory principles of sentencing, decide upon a sanction which is appropriate in the very concrete and factually specific case within which it is presented. This …

Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill

Dalhousie Law Journal

Given its primacy and exceptionality in the Nova Scotian context, Wilkie both exemplifies the judiciary's role in official repression, and instantiates the importance of what Wright calls "the ideological mechanisms of the criminal law" in prescribing the outer limits of legitimate political discourse. This paper examines the first known use by the government of Nova Scotia of the eighteenth-century, judicially-invented misdemeanour of seditious libel in order to silence and punish criticism of the ruling eite. As Nova Scotia had neither indigenous caselaw, nor statutory legislation to supplement and reinforce the common law offence-Upper Canada's SeditionAct (1804) was still in full …

Testing Penry And Its Progeny , Deborah W. Denno

Faculty Scholarship

In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response” to the …

The Criminal Defense Lawyer's Reliance On Bias And Prejudice, Eva S. Nilsen

Faculty Scholarship

This Article is divided into three parts. Part I examines both the many contexts in which criminal defense lawyers and clinical students encounter bias and prejudice,¹² and the commonly-raised objections to its exploitation. Part II looks at the way the tactical use of bias relates to a lawyer's duty of zealous advocacy. Here, the Article focuses on whether existing ethics rules provide guidance for a lawyer's use of bias and whether proposed rules aimed at eliminating such advocacy would improve or diminish justice. This article argues against such efforts because they impinge on legitimate lawyering, and they may distract …

Marital Rape: A Higher Standard Is In Order, Linda Jackson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek

Law Faculty Research Publications

No abstract provided.

Prosecution Discovery In The U.S.: A Balancing Perspective, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In R. v. Stinchcombe, the Supreme Court of Canada held that the Crown has a legal duty to disclose all relevant information, exculpatory and inculpatory, to a defendant charged with an indictable offence. Left undiscussed by the decision, and by Canadian decisional and statutory law generally, is the scope of discovery against the defence. A description and analysis of the American experience in this regard may be of interest to Canadian practitioners and academics.

Prior to the middle of this century, defence attorneys and prosecutors in the United States depended on preliminary hearings and informal exchanges to obtain information about …

Words And Sentences: Penalty Enhancement For Hate Crimes, Shirley S. Abrahamson, Susan Craighead, Daniel N. Abrahamson

University of Arkansas at Little Rock Law Review

No abstract provided.

Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris

Indiana Law Journal

No abstract provided.

Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess

University of Michigan Journal of Law Reform

Part I of this Note examines the current legal landscape regarding a defendant's waiver of the right to confrontation. This Part explores the justifications courts have provided for finding a waiver of the confrontation right, both through the use of the traditional "intentional relinquishment of a known right" standard and the less precise formulations of waiver found in cases of defendant misconduct. Part II offers a critique of the reasoning courts employ to find waiver of the right to confrontation. In the process, the analysis explores general theories of waiver which have been advanced by other commentators. In so doing, …

The New Law Of Murder, Daniel Givelber

Indiana Law Journal

No abstract provided.

The Police And Violent Crime, Joseph D. Mcnamara

Washington and Lee Law Review

No abstract provided.

Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman

Washington and Lee Law Review

No abstract provided.

From Social Safety Net To Dragnet: African American Males In The Criminal Justice System, Jerome G. Miller

Washington and Lee Law Review

No abstract provided.

Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly

Washington and Lee Law Review

No abstract provided.

A Minority View Of Juvenile "Justice", Coramae Richey Mann

Washington and Lee Law Review

No abstract provided.

Reflections On The "Inevitability" Of Racial Discrimination In Capital Sentencing And The "Impossibility" Of Its Prevention, Detection, And Correction, David C. Baldus, George Woodworth, Charles A. Pulaski, Jr.

Washington and Lee Law Review

No abstract provided.

Psychoactive Substances And Violence, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland

American University Law Review

No abstract provided.

The Criminal Law And The Luck Of The Draw, Sanford H. Kadish

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--The Plain Touch Exception To The Warrant Requirement, Susanne M. Macintosh

Journal of Criminal Law and Criminology

No abstract provided.

Eighth Amendment--Sentencer Discretion In Capital Sentencing Schemes, Daryl Kessler

Journal of Criminal Law and Criminology

No abstract provided.

Eighth Amendment--The Excessive Fines Clause, David Lieber

Journal of Criminal Law and Criminology

No abstract provided.

Exemption 7(D) Of The Freedom Of Information Act--The Evidentiary Showing The Government Must Make To Establish That A Source Is Confidential, Matthew J. Salzman

Journal of Criminal Law and Criminology

No abstract provided.

Habeas Corpus--Limited Review For Actual Innocence, Jennifer Breuer

Journal of Criminal Law and Criminology

No abstract provided.

The Fugitive Dismissal Rule Applied To Pre-Appeal Fugitivity, Jason W. Joseph

Journal of Criminal Law and Criminology

No abstract provided.

Habeas Corpus--Retroactivity Of Post-Conviction Rulings: Finality At The Expense Of Justice, Timothy Finley

Journal of Criminal Law and Criminology

No abstract provided.