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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 …

Women Offenders, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Youth Gang Drug Trafficking, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

The Georgia Court of Appeals and Supreme Court produce a prodigious number of opinions in criminal cases every year. We reviewed 940 cases for this reporting period. We refrained from straying outside the reporting period, even though one recent case of significance tempted us greatly. Look for it in next year's review. We are trial lawyers, so we organized this article in roughly the order in which issues may arise in the average case. If no opinions of note came out of the appellate courts in a given area of law, such as in the area of bonds and pretrial …

School And Community Interventions To Prevent Serious And Violent Offending, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

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 …

Rights For The Rape Victim: Lifting Statute Of Limitations For Prosecution Of Violent Crimes, Suzanne M. Knight

Buffalo Women's Law Journal

No abstract provided.

Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker

Penn State International Law Review

No abstract provided.

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

California Agencies

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

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 …

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 …

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.

Dwi Offenders Under Correctional Supervision, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

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 …

The Rise Of America's Two National Pastimes: Baseball And The Law, Cleta Deatherage Mitchell

Michigan Law Review

Mark McGwire's seventieth home run ball sold at auction in January of this year for $3,005,000. In late 1998, Baltimore Orioles owner Peter Angelos sued a former Orioles manager and his daughter in the circuit court of Cook County, Illinois. Angelos alleged that the original lineup card from the 1995 game when Cal Ripken, Jr., broke Lou Gehrig's consecutive game record belongs to the Orioles, not to the former manager and certainly not to his daughter. There may be no crying in baseball, but there is money. And wherever earthly treasure gathers two or more, a legal system arises. From …

These Are The People In Your Neighborhood, Elliot Regenstein

Michigan Law Review

The 1997 St. Louis Rams media guide contains a glowing description of the team's star rookie from the prior season. The guide highlights his brilliant college career, describes his solid first professional season, and mentions that he grew up in Los Angeles. In a gray box above his football statistics, it notes that he frequently visits the Emergency Children's Home (ECHO) for troubled youth, where he talks to kids and plays basketball with them. The description would all look pretty normal if it wasn't a portrait of Lawrence Phillips. Almost every other sporting publication has written of Phillips not as …

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.

Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors

Buffalo Law Review

No abstract provided.

Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky

Cornell Law Faculty Publications

No abstract provided.

Report On Arrests For Driving Under The Influence In California, 1997, Office Of The Attorney General

California Agencies

No abstract provided.

Convicting Domestic Violence Abusers When The Victim Remains Silent, Tonya Mccormick

Brigham Young University Journal of Public Law

No abstract provided.

What Rape Is And What It Ought Not Be, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Sex, Rape And Shame, Katharine K. Baker

All Faculty Scholarship

This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …

Text, Context And The Problem With Rape, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Text, Context And The Problem With Rape, Katharine K. Baker

Katharine K. Baker

No abstract provided.

Sex, Rape And Shame, Katharine K. Baker

Katharine K. Baker

Four Models Of The Criminal Process, Kent Roach

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Effect Of The Federal Sentencing Guidelines On Interjudge Sentencing Disparity, Paul J. Hofer, Kevin R. Blackwell, R. Barry Ruback

Journal of Criminal Law and Criminology

No abstract provided.