Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (48)
- University of Michigan Law School (14)
- Maurer School of Law: Indiana University (13)
- American University Washington College of Law (8)
- Seattle University School of Law (8)
-
- Columbia Law School (7)
- Golden Gate University School of Law (7)
- Penn State Law (7)
- Selected Works (6)
- UIC School of Law (6)
- West Virginia University (6)
- Fordham Law School (5)
- Brooklyn Law School (4)
- Loyola University Chicago, School of Law (4)
- University of Missouri School of Law (4)
- Vanderbilt University Law School (4)
- Villanova University Charles Widger School of Law (4)
- William & Mary Law School (4)
- Cleveland State University (3)
- University of Pennsylvania Carey Law School (3)
- University of Richmond (3)
- California Western School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- Singapore Management University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- UC Law SF (2)
- University of Colorado Law School (2)
- University of Miami Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Washington School of Law (2)
- Keyword
-
- Criminal law (17)
- Capital punishment (9)
- Criminal Law (9)
- Double jeopardy (8)
- Constitutional law (7)
-
- Death penalty (7)
- Crimes (6)
- Death Penalty (6)
- Federal government (6)
- Criminal procedure (5)
- Book reviews (4)
- Civil forfeiture (4)
- Crime (4)
- Criminology (4)
- Fifth amendment (4)
- Legal publishing (4)
- Punishment (4)
- Sentencing (4)
- Capital Punishment (3)
- Criminal justice (3)
- Criminal justice system (3)
- Evidence (3)
- Juries (3)
- Justice (3)
- Race (3)
- Race and law (3)
- Racism (3)
- Seattle University (3)
- Seattle University Law Review (3)
- Supreme Court (3)
- Publication
-
- Journal of Criminal Law and Criminology (48)
- Faculty Scholarship (17)
- Seattle University Law Review (8)
- Faculty Publications (7)
- Indiana Law Journal (7)
-
- Michigan Law Review (7)
- Penn State International Law Review (7)
- West Virginia Law Review (6)
- Articles (5)
- Articles by Maurer Faculty (5)
- Fordham Urban Law Journal (5)
- UIC Law Review (5)
- All Faculty Scholarship (4)
- Articles in Law Reviews & Other Academic Journals (4)
- Loyola University Chicago Law Journal (4)
- National Institute of Justice Research in Brief (4)
- Villanova Law Review (4)
- Scholarly Works (3)
- University of Richmond Law Review (3)
- Vanderbilt Law Review (3)
- American University Journal of Gender, Social Policy & the Law (2)
- American University Law Review (2)
- Cleveland State Law Review (2)
- Dalhousie Law Journal (2)
- Juvenile Justice Bulletin (2)
- Michigan Journal of Race and Law (2)
- Publications (2)
- Research Collection Yong Pung How School Of Law (2)
- Touro Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Publication Type
- File Type
Articles 1 - 30 of 212
Full-Text Articles in Entire DC Network
Criminal Law And Procedure: A Two-Year Survey, James P. Fleissner
Criminal Law And Procedure: A Two-Year Survey, James P. Fleissner
Mercer Law Review
During the two-year survey period, the Georgia Court of Appeals and the Georgia Supreme Court issued well over a thousand published opinions addressing issues of criminal law and procedure.' The primary purpose of this Article is to summarize judicial decisions constituting noteworthy developments in the law. Given the scope of survey, the constraint of limited space imposed difficult choices concerning what to include. As in past years, this survey will focus on highlights, such as cases of first impression and cases presenting close or controversial issues. The Author hopes this Article will provide useful information for busy practitioners seeking to …
The Responsible Corporate Officer, Criminal Liability, And Mens Rea: Limitations On The Rco Doctrine , Cynthia H. Finn
The Responsible Corporate Officer, Criminal Liability, And Mens Rea: Limitations On The Rco Doctrine , Cynthia H. Finn
American University Law Review
No abstract provided.
Courts, Political Violence, And Problems With Witness Testimony, Ibpp Editor
Courts, Political Violence, And Problems With Witness Testimony, Ibpp Editor
International Bulletin of Political Psychology
The editor discusses the concept of witness testimony from a legal and psychological perspective.
Section 7: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
A V. B, Dalia Dorner, Itzchak Zamir, Gavriel Bach, Shlomo Levin, Mishael Cheshin
A V. B, Dalia Dorner, Itzchak Zamir, Gavriel Bach, Shlomo Levin, Mishael Cheshin
Translated Opinions
Facts: The appellant and his wife were married for many years but remained childless. The appellant began a relationship with a 15 year-old girl, the first respondent, in order to have a child by her, and she did indeed become pregnant and bear his child. When the child was born, the girl wanted the child to be adopted by a third party, but the appellant wanted to raise the child with his wife.
The main witness in the trial court was Mr Rami Bar-Giora, an expert psychologist, who testified that if the child were raised by the appellant and the …
Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello
Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello
American University Law Review
No abstract provided.
Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams
Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams
Faculty Publications
This Securities Symposium provides an opportunity to evaluate civil RICO's place in American law at the end of the private remedy's first quarter-century. In its essence, civil RICO is the unfortunate product of crime legislation hastily enacted in the heat of a national political campaign. Rushing toward adjournment, Congress enacted RICO on October 12, 1970 as Title IX of the omnibus Organized Crime Control Act (OCCA). President Nixon signed the OCCA on October 15. Less than three weeks later, Americans preoccupied with crime went to the polls in off-year congressional elections after a shrill campaign dominated by ‘law and order‘ …
Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle
Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle
Dalhousie Law Journal
In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.
The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola
The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola
Indiana Journal of Global Legal Studies
No abstract provided.
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Faculty Publications
No abstract provided.
Bargaining About Future Jeopardy, Daniel C. Richman
Bargaining About Future Jeopardy, Daniel C. Richman
Vanderbilt Law Review
The debate about how much protection criminal defendants should have against successive prosecutions has generally been conducted in the context of how to interpret the Double Jeopardy Clause. The doctrinal focus of this debate ignores the fact that for the huge majority of defendants-those who plead guilty instead of standing trial-the Double Jeopardy Clause sin- ply sets a default rule, establishing a minimum level of protection when defendants choose not to bargain about the possibility of future charges. In this Article, Professor Richman examines the world that exists in the shadow of minimalist double jeopardy doctrine, exploring the dynamics of …
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Faculty Works
No abstract provided.
The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding
The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding
Law Faculty Scholarly Articles
The objective of this article is to examine this issue by formulating an analytical framework for determining when methods of execution constitute cruel and unusual punishment. This task is accomplished Part II by briefly tracing the historical evolution of the Eighth Amendment's Cruel and Unusual Punishments Clause. Part III examines the prohibition's core components. Part IV reviews the traditional and modem interpretations of cruel and unusual punishment as applied to the methods of capital punishment, and assesses the standard with which to determine whether a specific method of execution comports with the present interpretation of cruel and unusual punishment as …
Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler
Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler
Penn State International Law Review
No abstract provided.
Protection And Treatment: The Permissible Civil Detention Of Sexual Predators, John Kip Cornwell
Protection And Treatment: The Permissible Civil Detention Of Sexual Predators, John Kip Cornwell
Washington and Lee Law Review
No abstract provided.
An Exploratory Inquiry Into Community Policing Using Focus Groups: Perspectives From Social Service Providers, Tanya Leigh Ostrogorsky
An Exploratory Inquiry Into Community Policing Using Focus Groups: Perspectives From Social Service Providers, Tanya Leigh Ostrogorsky
Dissertations and Theses
The purpose of this study was to evaluate Portland, Oregon's community policing policy by using focus groups to discuss the development and effectiveness over one year, Spring 1994 to Spring 1995. The group discussed included management level social service providers and was one piece of a large scale program evaluation. The collected data developed into six major categories: 1) personnel policies and institutional memory; 2) training; 3) consistency; 4) community involvement and responsibility; 5) partnerships or relationships, and 6) change over time. The most highly discussed issue was the discrepancy between the philosophy of the Bureau, community policing, and the …
The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker
The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker
Michigan Law Review
To make the case for the proposed changes, I will first describe briefly in Parts I and II the structure of pre- and post-Furman capital decisiorurtaking and the weaknesses of those approaches. I then will set forth in Part III the specific rationales for each proposed reform.
The scheme I propose raises a significant constitutional question. Can the death penalty be retained as a punishment if we abandon the pretense of providing meaningful guidance through detailed sentencing instructions? Would the reestablishment of relatively unstructured penalty phase deliberations similar to, but also importantly different from, those characteristic of pre-Furman …
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Michigan Law Review
This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …
Offenders In Juvenile Court, 1993, Us Department Of Justice
Offenders In Juvenile Court, 1993, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
The Standard Of Review For The Voluntariness Of A Confession On Direct Appeal In Federal Court, Peter B. Rutledge
The Standard Of Review For The Voluntariness Of A Confession On Direct Appeal In Federal Court, Peter B. Rutledge
Scholarly Works
Section I of this Comment reviews the Supreme Court's jurisprudence on confessions, provides a close reading of Miller v. Finton, 474 U.S. 104 (1985), and reviews the division among the federal circuits over the standard of review for voluntariness determinations on direct appeal. Section II analyzes the literature on standards of review and focuses on two vexing problems in this field-the application of law to fact (hereinafter "mixed questions") and the constitutional fact doctrine. These two issues frame the analysis of voluntariness determinations. Section III analyzes these determinations and defends the application of de novo review in cases on …
Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael
Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael
Indiana Law Journal
No abstract provided.
"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey
"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey
Cornell Law Faculty Publications
Our constitutional law of capital sentencing does not understand Shakespeare's "gentle rain from heaven." Mercy confuses and befuddles it. The jury that sentenced Albert Brown to death was instructed that "'mere ... sympathy"' should not play on its judgment. Brown claimed this instruction violated his Eighth Amendment rights, but the Supreme Court disagreed. Some five years later, Justice Scalia dissented when the Court reversed Derrick Morgan's death sentence. According to Justice Scalia, the Court had held that no "merciless" juror could sit in judgment of a capital defendant. The Constitution, he thought, demanded no such thing. These dissents, one embracing …
Spousal Incompetency And The Charter, Hamish Stewart
Spousal Incompetency And The Charter, Hamish Stewart
Osgoode Hall Law Journal
This article considers the effect of the Canadian Charter of Rights and Freedoms on the rule of spousal incompetency in criminal proceedings. The rule is arguably under-inclusive, in that it is not available to protect opposite-sex couples who are not legally married or same-sex couples; on the other hand, the rule is arguably offensive to the modem conception of marriage. The Charter arguments for each of these positions are considered, and it is submitted that the Charter requires the rule of spousal incompetency, whatever it is, to apply equally to legally married couples, to cohabitants, and to same-sex couples. A …
A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk
A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk
University of Michigan Journal of Law Reform
Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …
A Cloudy Prospectus: The Supreme Court's Problematic Reasoning In Gustafson V. Alloyd Co., Krista R. Bowen
A Cloudy Prospectus: The Supreme Court's Problematic Reasoning In Gustafson V. Alloyd Co., Krista R. Bowen
Washington and Lee Law Review
No abstract provided.
Killing The Proverbial Two Birds With One Stone: Using Environmental Statutes And Nuisance To Combat The Crime Of Illegal Drug Trafficking, Omar Saleem
Journal Publications
No abstract provided.
The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya
The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya
University of Michigan Journal of Law Reform
This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …
When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher
When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher
Michigan Law Review
This Note argues that sentence manipulation should be a legally viable partial defense - a defense that does not warrant complete exoneration, but does warrant a reduced sentence when the government's investigative techniques place a quantity of drugs before the court that overrepresents the defendant's culpability, or individual blameworthiness. Part I describes the policies and objectives that underlie the Guidelines, but then demonstrates how the rigid application of quantity-based sentencing provisions can lead to sentence manipulation that thwarts these goals, particularly the goal of sentencing according to culpability. Part II describes how courts have responded to sentence manipulation claims. It …
Privacy Of Financial Information And Civil Rights Issues: The Implications For Investigating And Prosecuting International Economic Crime, Richard T. Preiss
Privacy Of Financial Information And Civil Rights Issues: The Implications For Investigating And Prosecuting International Economic Crime, Richard T. Preiss
Penn State International Law Review
No abstract provided.
The Impact Of Recent Money Laundering Legislation On Financial Intermediaries, Nicholas Clark
The Impact Of Recent Money Laundering Legislation On Financial Intermediaries, Nicholas Clark
Penn State International Law Review
No abstract provided.