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Criminal Law

1998

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Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice Dec 1998

Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


The Federalization Of Crime And Sentencing, Nora V. Demleitner Dec 1998

The Federalization Of Crime And Sentencing, Nora V. Demleitner

Scholarly Articles

Not available.


Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.


Prevalence, Incidence, And Consequences Of Violence Against Women: Findings From The National Violence Against Women Survey, Us Department Of Justice Nov 1998

Prevalence, Incidence, And Consequences Of Violence Against Women: Findings From The National Violence Against Women Survey, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Nov 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …


Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan Oct 1998

Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan

Scholarly Publications

The Eighth Amendment provides that “no cruel and unusual punishment shall be inflicted.” The Supreme Court has interpreted to this to mean a punishment cannot be “grossly disproportionate” to the crime. In this article, the author addresses whether an offender's age should play a role in assessing whether a sentence is “grossly disproportionate.” Specifically, the author addresses the increasingly common practice of imposing life without parole on offenders who are under sixteen years of age at the time they committed their offense, and whether such offenders’ youthful status should play a role in proportionality analysis. The article first provides an …


The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus Oct 1998

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Faculty Publications

No abstract provided.


Lawyering Up, Jack M. Beermann, Susan Bandes Oct 1998

Lawyering Up, Jack M. Beermann, Susan Bandes

Faculty Scholarship

The widespread dissemination of knowledge about the Miranda protections is often referred to as one of the most successful efforts ever made to educate the American public about its constitutional rights. Studies confirm that a high percentage of the public is aware of Miranda, largely due to television and other mass media. This article asks the question: if television is educating the public about its Miranda rights, what exactly is it teaching us? As fans of the cop show NYPD Blue (a show in which the interrogation and confession are often the dramatic focus) we use that show to explore …


Law, Language, And Lenity, Lawrence M. Solan Oct 1998

Law, Language, And Lenity, Lawrence M. Solan

William & Mary Law Review

No abstract provided.


Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1998

Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1998

Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer Sep 1998

Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer

Buffalo Public Interest Law Journal

No abstract provided.


Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith Sep 1998

Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith

Buffalo Public Interest Law Journal

No abstract provided.


Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey Sep 1998

Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey

Washington and Lee Law Review

No abstract provided.


Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey Sep 1998

Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey

West Virginia Law Review

No abstract provided.


Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson Sep 1998

Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

In federal habeas corpus proceedings, Earl Matthews, an African American, South Carolina death row inmate, alleged that his death sentence was the result of invidious racial discrimination that violated the Equal Protection Clause of the Fourteenth Amendment. To support his contention, Matthews presented statistical evidence showing that in Charleston County, where a jury convicted him and sentenced him to death, the prosecutor was far more likely to seek a death sentence for a Black defendant accused of killing a white person than for any other racial combination of victims and defendants, and also that such a Black defendant was more …


What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg Aug 1998

What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg

Publications

No abstract provided.


Federal Offenders Under Community Supervision, 1987-96, Us Department Of Justice Aug 1998

Federal Offenders Under Community Supervision, 1987-96, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.


Preventing Crime: What Works, What Doesn't, What's Promising, Us Department Of Justice Jul 1998

Preventing Crime: What Works, What Doesn't, What's Promising, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Decolonising Restoration And Justice, Mark Findlay Jul 1998

Decolonising Restoration And Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …


The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan Jul 1998

The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan

Scholarly Publications

No abstract provided.


Federal Sentencing Guidelines, Andrea Wilson Jul 1998

Federal Sentencing Guidelines, Andrea Wilson

Mercer Law Review

Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.


Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger Jul 1998

Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger

Faculty Works

No abstract provided.


Perjury! The Charges And The Defenses, Richard H. Underwood Jul 1998

Perjury! The Charges And The Defenses, Richard H. Underwood

Law Faculty Scholarly Articles

Perjury is the most hotly debated topic in America today. In this witty and instructive article, the author explains what constitutes the crime of perjury, provides examples of how defendants have sometimes avoided conviction, and discusses the impact of federal and state statutes on prosecutors, defendants, witnesses, the judiciary, the legislature, and society.


Criminal Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector Jun 1998

Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector

University of Michigan Journal of Law Reform

In recent years, Mexican narcotics trafficking has become a major threat to the security of the Americas. Mexican narco-traffickers have used their wealth and violence to corrupt political and judicial systems and avoid effective prosecution or penalty in Mexican courts. Historically, Mexico has refused to extradite its nationals in reliance on Mexican law prohibiting the extradition of nationals in all but "exceptional" cases. This Note argues that Mexico should take a step toward controlling the cross-border narcotics trade and recognize international drug trafficking as an "exceptional" crime. Upon recognizing narcotics crimes as "exceptional," Mexico should then begin extraditing Mexican narco-traffickers …


Kids, Cops, & Communities, Us Department Of Justice, Carnegie Corporation Of New York Jun 1998

Kids, Cops, & Communities, Us Department Of Justice, Carnegie Corporation Of New York

National Institute of Justice Office of Justice Programs

This report is designed to help law enforcement administrators and officers understand and institute a strategy to help prevent violence - community-oriented policing services carried out in collaboration with youth-serving organizations. Popular police prevention approaches such as D.A.R.E. (Drug Abuse Resistance Education), G.R.E.A.T. (Gang Resistance Education and Training), and the McGruff "Take a Bite out of Crime" campaigns have helped prepare police officers to work hand in hand in a variety of ways with local affiliates of national youth-serving organizations. In a growing number of cities, police are working with youth groups and finding that violence involving youth is rapidly …


The American Adversary System, William T. Pizzi Jun 1998

The American Adversary System, William T. Pizzi

West Virginia Law Review

No abstract provided.


Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase Jun 1998

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.


European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel Jun 1998

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.