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Articles 1 - 30 of 166
Full-Text Articles in Entire DC Network
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
University of Michigan Journal of Law Reform
After the verdicts in the OJ Simpson and Stacey Koon/Laurence Powell cases, many in the press explained the juries' acquittals as instances of jury nullification. However these were unlikely to have been instances of nullification, particularly because the jurors explained that their verdicts were based on reasonable doubt. One motivation for these false claims of jury nullification was the homogeneity of the juries-a largely African-American jury in the case of Simpson and a largely white jury in the case of Koon/Powell. Nullification became the term by which press and public attempted to discredit verdicts rendered by juries they distrusted. A …
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
University of Michigan Journal of Law Reform
A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …
Random Gunfire Problems And Gunshot Detection Systems, Us Department Of Justice
Random Gunfire Problems And Gunshot Detection Systems, Us Department Of Justice
National Institute of Justice Research in Brief
No abstract provided.
Women Offenders, Us Department Of Justice
Women Offenders, Us Department Of Justice
National Institute of Justice Office of Justice Programs
No abstract provided.
The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin
The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin
Michigan Law Review
Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Act") to unify and rationalize its treatment of drug offenses. The Act was an enormous piece of legislation, requiring months of congressional hearings before it was passed. Today, the Act encompasses over 150 sections of title 21 of the U.S. Code and regulates behavior ranging from manufacturing and mislabeling to prescribing controlled substances. Like any piece of complex legislation, the Act has spawned its share of litigation. One controversy has defied satisfactory resolution: the meaning of the innocuous phrase, "the offense," in section 851(a)(2). The statute's structure …
Evaluation Of The Children At Risk Program: Results L Year After The End Of The Program, Us Department Of Justice
Evaluation Of The Children At Risk Program: Results L Year After The End Of The Program, Us Department Of Justice
National Institute of Justice Research in Brief
No abstract provided.
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
Scholarly Publications
A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …
Patterns Of Injustice: Police Brutality In The Courts, Susan Bandes
Patterns Of Injustice: Police Brutality In The Courts, Susan Bandes
Buffalo Law Review
No abstract provided.
Corporate Liability, Risk Shifting, And The Paradox Of Compliance, William S. Laufer
Corporate Liability, Risk Shifting, And The Paradox Of Compliance, William S. Laufer
Vanderbilt Law Review
The evolution of corporate criminal law is explained by the shifting risks of liability and loss between corporations and their agents in accommodating the illogic of vicarious liability. A vivid example of the effects of this risk shifting is seen with the recent emergence of the good citizen corporation movement. This movement en- courages prosecutors with vast discretion to leverage indictments and convictions of subordinate agents, resort to civil and administrative actions against large and medium-sized corporations in place of criminal indictments, compromise agent indemnification, and enforce corporate self-regulation through elaborate plea agreements. Not surprisingly, organizations tend to conceive of …
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Community Policing And Youth, Us Department Of Justice
Community Policing And Youth, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
Report On Arrests For Domestic Violence In California, 1998, Office Of The Attorney General
Report On Arrests For Domestic Violence In California, 1998, Office Of The Attorney General
California Agencies
No abstract provided.
Report On Arrests For Burglary In California, 1998, Office Of The Attorney General
Report On Arrests For Burglary In California, 1998, Office Of The Attorney General
California Agencies
No abstract provided.
Offenders In Juvenile Court, 1996, Us Department Of Justice
Offenders In Juvenile Court, 1996, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
Defending Substantial Assistance: An Old Prosecutor's Meditation On Singleton, Sealed Case, And The Maxfield-Kramer Report, Frank O. Bowman Iii
Defending Substantial Assistance: An Old Prosecutor's Meditation On Singleton, Sealed Case, And The Maxfield-Kramer Report, Frank O. Bowman Iii
Faculty Publications
This essay begins with a brief analysis of the panel and en banc opinions in Sealed Case and Singleton, and then turns to the more arresting question of whether the panel decisions were transitory aberrations or something more. Particularly if one considers Singleton and Sealed Case together with the Sentencing Commission's staff report on substantial assistance practice (the “Maxfield - Kramer Report”), it is difficult to escape the conclusion that unease with the current substantial assistance regime is growing. Unlike many observers, I view §5K1.1 as a very good thing, an invaluable prosecutorial tool against group criminality, but a tool …
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Scholarly Publications
No abstract provided.
Say It Loud: Indirect Speech And Racial Equality In The Interrogation Room, C. Antoinette Clarke
Say It Loud: Indirect Speech And Racial Equality In The Interrogation Room, C. Antoinette Clarke
University of Arkansas at Little Rock Law Review
No abstract provided.
Departing Is Such Sweet Sorrow: A Year Of Judicial Revolt On "Substantial Assistance" Departures Follows A Decade Of Prosecutorial Indiscipline (Prosecution Law Symposium), Frank O. Bowman Iii
Departing Is Such Sweet Sorrow: A Year Of Judicial Revolt On "Substantial Assistance" Departures Follows A Decade Of Prosecutorial Indiscipline (Prosecution Law Symposium), Frank O. Bowman Iii
Faculty Publications
the first section of this essay is devoted to demonstrating the courts' errors. Nonetheless, considered together, these opinions are perhaps an understandable reflection of judicial unease with an important component of the federal sentencing system — the longstanding, but increasingly common, practice of making deals with criminal defendants to reduce their sentences in return for testimony against their accomplices. This Article's second section will consider the most common criticisms of the system of bargaining for testimony under the United States Sentencing Guidelines (the Guidelines) to determine whether Singleton and Sealed Case may be good policy even if they are bad …
Views From The Drugs Summit, Mark Findlay
Views From The Drugs Summit, Mark Findlay
Research Collection Yong Pung How School Of Law
The jury is still out on whether the Drugs Summit was a political set piece. The Opposition participants regularly accused the Government of just that. Without doubt, however, it was the reaction of the Opposition which was orchestrated and pre-conceived.
Dwi Offenders Under Correctional Supervision, Us Department Of Justice
Dwi Offenders Under Correctional Supervision, Us Department Of Justice
National Institute of Justice Office of Justice Programs
No abstract provided.
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Michigan Law Review
The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …
Punishing Hateful Motives: Old Wine In A New Bottle Revives Calls For Prohibition, Carol S. Steiker
Punishing Hateful Motives: Old Wine In A New Bottle Revives Calls For Prohibition, Carol S. Steiker
Michigan Law Review
Hate crimes are nothing new: crimes in which the victim is selected because of the victim's membership in some distinctive group (be it racial, ethnic, religious, or other) have been with us as long as such groups have coexisted within legal systems. What is relatively new is their recognition and designation as a discrete phenomenon. But as appellations like "sexual harassment" and "community policing" have begun to teach us, words are only the beginning of the life cycle of a new socio-legal concept. What follows are debates about whether the new category is really a coherent one, what activities should …
Fighting The Devil We Don't Know: Kansas V. Hendricks, A Case Study Exploring The Civilization Of Criminal Punishment And Its Ineffectiveness In Preventing Child Sexual Abuse, Cynthia A. King
William & Mary Law Review
No abstract provided.
What's Your Water Worth? Why We Need Federal Fine Guidelines For Corporate Environmental Crime , Mark H. Allenbaugh
What's Your Water Worth? Why We Need Federal Fine Guidelines For Corporate Environmental Crime , Mark H. Allenbaugh
American University Law Review
No abstract provided.
The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short
The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short
Indiana Journal of Global Legal Studies
No abstract provided.
Criminal Fraud , Ellen S. Podgor
Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors
Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors
Buffalo Law Review
No abstract provided.
Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.
Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.
Indiana Law Journal
No abstract provided.
Religion And The Public Defender, Sadiq Reza
Religion And The Public Defender, Sadiq Reza
Faculty Scholarship
This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …
Report On Arrests For Driving Under The Influence In California, 1997, Office Of The Attorney General
Report On Arrests For Driving Under The Influence In California, 1997, Office Of The Attorney General
California Agencies
No abstract provided.