Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (60)
- Selected Works (50)
- SelectedWorks (42)
- Northwestern Pritzker School of Law (37)
- New York Law School (22)
-
- American University Washington College of Law (21)
- Touro University Jacob D. Fuchsberg Law Center (20)
- University of Michigan Law School (19)
- University of Pennsylvania Carey Law School (16)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (15)
- Case Western Reserve University School of Law (13)
- Georgetown University Law Center (11)
- University of Florida Levin College of Law (11)
- Columbia Law School (10)
- Golden Gate University School of Law (9)
- Singapore Management University (9)
- Vanderbilt University Law School (9)
- Boston University School of Law (8)
- Brooklyn Law School (8)
- The Peter A. Allard School of Law (8)
- UIC School of Law (8)
- University of Baltimore Law (7)
- University of Colorado Law School (7)
- Cornell University Law School (6)
- Maurer School of Law: Indiana University (6)
- Saint Louis University School of Law (6)
- Schulich School of Law, Dalhousie University (6)
- Southern Methodist University (6)
- The Catholic University of America, Columbus School of Law (6)
- University of Kentucky (6)
- Keyword
-
- Criminal law (48)
- Evidence (36)
- Crime (24)
- Constitutional Law (17)
- United States (17)
-
- Criminal Law (16)
- Fourth Amendment (16)
- Sixth Amendment (16)
- Criminal justice (15)
- Sentencing (15)
- Capital punishment (14)
- Criminal Law and Procedure (14)
- Criminal procedure (14)
- Rape (14)
- Criminal (13)
- Death penalty (13)
- Innocence (13)
- Police (13)
- Due Process (12)
- Race (12)
- California (11)
- Criminal Procedure (11)
- Criminal justice system (11)
- Exclusionary rule (11)
- New York (11)
- Constitution (10)
- Deterrence (10)
- Drugs (10)
- Constitutional law (9)
- Miranda (9)
- Publication
-
- Pepperdine Law Review (51)
- Faculty Scholarship (39)
- All Faculty Scholarship (31)
- Journal of Criminal Law and Criminology (31)
- Touro Law Review (20)
-
- NYLS Law Review (19)
- Faculty Publications (13)
- Articles (12)
- Georgetown Law Faculty Publications and Other Works (11)
- Nevada Supreme Court Summaries (11)
- War Crimes Memoranda (10)
- Florida Law Review (9)
- Pepperdine Dispute Resolution Law Journal (9)
- All Faculty Publications (8)
- American University Criminal Law Brief (8)
- Journal Articles (8)
- Research Collection Yong Pung How School Of Law (8)
- Articles in Law Reviews & Other Academic Journals (7)
- Golden Gate University Law Review (7)
- Faculty Journal Articles and Book Chapters (6)
- Publications (6)
- Articles, Book Chapters, & Popular Press (5)
- Cornell Law Faculty Publications (5)
- Daniel S. Medwed (5)
- Faculty Articles (5)
- Scholarly Publications (5)
- Student Works (5)
- University of Michigan Journal of Law Reform (5)
- Valerie P. Hans (5)
- BYU Law Review (4)
- Publication Type
- File Type
Articles 1 - 30 of 635
Full-Text Articles in Entire DC Network
The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun
The Conceptual Framework Of Crimes Againts Humanity In Historical Context And Indonesian Law, Maskun Maskun
Indonesia Law Review
The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor believe the radical nature of the new institution. Indonesia is one of countries that rejected the International Criminal Court (ICC) Statute. Indonesia’s reason at that time was that Indonesian sovereignty would be threatened or its national security would be compromise. Interestingly, some of the crimes within the Rome Statute jurisdiction (Article 5 of the Rome Statute) had been adopted by Indonesia in its domestic law such as the Law No. 26 year 2000 concerning Human Rights Court. Jurisdiction …
Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
Nevada Supreme Court Summaries
The Court considered the State’s motion to reconsider and other various motions regarding the sealing of the ex parte motion to substitute counsel. It further deliberated whether documents and records could be filed under seal in a pending criminal case before the Court. In addition, the Court also addressed the requirements and procedures for sealing such documents and records.
Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin
Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin
Nevada Supreme Court Summaries
The Court considered the State’s appeal from a district court order granting the defendant’s motion to withdraw her guilty plea and to dismiss the criminal case under Nevada’s prosecutorial immunity statutes, NRS 178.572 and NRS 178.574.
Insights And Blind Spots: A Qualitative Analysis Of Risk In Psychiatric Security Review Board Hearings, Abby Kealani Balfour
Insights And Blind Spots: A Qualitative Analysis Of Risk In Psychiatric Security Review Board Hearings, Abby Kealani Balfour
Dissertations and Theses
The prevalence and consequences of the insanity plea, titled "guilty except for insanity" in the State of Oregon, are fraught with misconceptions. The use of the plea requires a complex set of interactions between the mental health and criminal justice systems, and comes with severe costs for people who use it. Most of the research on the psychological aspects of the insanity plea emphasizes empirical validity in the form of risk assessment instruments and/or the biomedical model with its focus on disease and illness. This thesis analyzes from community psychology and critical theory perspectives the decision process of hearings held …
Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead
Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead
Nevada Supreme Court Summaries
Appeals from district court judgments of conviction based on similar questions regarding double jeopardy and redundancy. The Court considered whether a criminal defendant who is charged with both attempted murder and battery or aggravated battery through a single act can be so charged, or whether such a charge constitutes double jeopardy, or violates Nevada’s common law redundancy theory.
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Touro Law Review
No abstract provided.
When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust
Touro Law Review
No abstract provided.
The (In)Admissibility Of False Confession Expert Testimony, David A. Perez
The (In)Admissibility Of False Confession Expert Testimony, David A. Perez
Touro Law Review
This Comment discusses the relationship between police interrogation tactics and false confessions in order to address the admissibility of false confession expert testimony, a question that has traditionally been left to the discretion of the trial judge. The current literature-indeed, the prevailing consensus-argues for drastic changes to police interrogation practices to prevent false confessions and, in combination with such changes, demands that expert testimony on false confessions be admitted in criminal trials. Despite the relative unanimity in the literature, state and federal courts remain bitterly divided on the question of admissibility of false confession expert testimony. Each decision in this …
Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat
Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat
Ariel Porat
Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. This asymmetry is something of a puzzle, for most asymmetries in criminal law favor the defendant. The asymmetry seems to disappear where physical evidence is at issue. One goal of this Essay is to understand the distinctions, or asymmetries, between monetary and nonmonetary payments, testimonial and physical evidence, and payments by the prosecution as opposed to the defense. Another is to suggest ways in which law could better encourage the production of evidence, and thus the efficient …
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Research Collection Yong Pung How School Of Law
It is one thing to assert that conventional market analysis is critically useful in understanding criminal enterprise. It is more challenging to suggest that corrupt and compromised legal regulation interacts with other critical market variables to maximise market advantage for crime business in a similar manner to legitimate regulatory forces in their protection and enhancement of legitimate business enterprise. The central argument of this paper is that crime business mirrors other business forms when considered in terms of critical market variables, and that in particular regulatory forces when inverted from their original purposes can influence market conditions in the same …
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
Research Collection Yong Pung How School Of Law
The right to presumption of innocence is said to exist in almost all criminal justice systems, including Singapore. Curiously, however, no Singapore case has ever attempted to establish the exact source and contours of this longstanding right. This is unsatisfactory, as this diminishes the meaningfulness of what is supposed to be a fundamental right in the criminal justice process. The primary aim of this article is thus to conduct a preliminary survey of the law on the presumption of innocence in Singapore. It begins by proposing the Woolmington conception as a workable starting point, but posits a guiding principle to …
Harmonizing Equitable Exceptions: Why Courts Should Recognize An “Actual Innocence” Exception To The Aedpa’S Statute Of Limitations, Morgan Suder
San Diego Law Review
This Comment argues that to neutralize this potential inequality, the Supreme Court should affirm the Ninth Circuit’s recent decision in Lee v. Lampert, finding that a credible claim of actual innocence constitutes an equitable exception to the AEDPA’s one-year statute of limitations period. District courts must be able to call on their equitable powers, including both equitable principles already applied to the AEDPA’s statute of limitations as well as the actual innocence exception, in determining whether a district court may consider the merits of a criminal defendant’s otherwise untimely habeas petition.
Part II discusses the role of federal habeas corpus …
Perfecting Criminal Markets, David Jaros
Perfecting Criminal Markets, David Jaros
All Faculty Scholarship
From illicit drugs to human smuggling to prostitution, legislators may actually be perfecting the very criminal markets they seek to destroy. Criminal laws often create new dangers and new criminal opportunities. Criminalizing drugs creates the opportunity to sell fake drugs. Raising the penalties for illegal immigration increases the risk that smugglers will rely on dangerous methods that can injure or kill their human cargo. Banning prostitution increases the underground spread of sexually transmitted disease. Lawmakers traditionally respond to these “second order” problems in predictable fashion — with a new wave of criminalization that imposes additional penalties on fake drug dealers, …
Deporting The Pardoned, Jason A. Cade
Deporting The Pardoned, Jason A. Cade
Scholarly Works
Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set-aside a conviction under state law will often have no effect on the federal government’s determination to use that conviction as a basis for deportation. While scholars have shown significant interest in state and local laws regulating immigrants, few have considered the federalism implications of federal rules that ignore a state’s authority to determine …
Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall
Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall
Vanderbilt Law School Faculty Publications
Advocates seeking indigent defense reform have often relied on civil litigation to prospectively enforce the Sixth Amendment right to counsel and to attack structural deficiencies of indigent defense systems-such as under- funding-that are likely to lead to system-wide ineffective assistance. Although the United States Supreme Court has addressed myriad aspects of postconviction ineffective assistance of counsel claims made in the criminal context, particularly in the last decade or so,' many of these cases have had little direct bearing on the way in which advocates have attempted to enforce the Sixth Amendment in the civil context. The Supreme Court has never …
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Mercer Law Review
The Authors reviewed the most important criminal cases during this reporting period-from June 1, 2011 through May 31, 2012-that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Cornell Law Faculty Publications
No abstract provided.
Custom, General Principles And The Great Architect Cassese, Mary Fan
Custom, General Principles And The Great Architect Cassese, Mary Fan
Articles
Major advances in international criminal law and procedure rose on the trusses of judicially elucidated sources of international law—custom and general principles. These sources depend on the crucial art of derivation advanced by the architect of modern international criminal justice, President Antonio Cassese. What has transformed international criminal justice into flourishing law able to address changing configurations of violence is the development of the art of finding law in the dark and wilds of murky unwritten norms. [para] President Cassese pioneered paths through a perilous bog. "[T]he law lives in persons," and to understand the law one must study the …
The Offender And The Victim, Edward Tromanhauser
The Offender And The Victim, Edward Tromanhauser
Pepperdine Law Review
No abstract provided.
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Pepperdine Law Review
No abstract provided.
Emerging Issues In Victim Assistance, Marlene A. Young
Emerging Issues In Victim Assistance, Marlene A. Young
Pepperdine Law Review
No abstract provided.
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Pepperdine Law Review
No abstract provided.
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Pepperdine Law Review
No abstract provided.
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
Advocating Socio-Economic Justice: Some Experiences Of The Icc-India Campaign And The Potential For A Law Clinic, Saumya Uma
Dr. Saumya Uma
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford
Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford
Pepperdine Law Review
No abstract provided.
Book Review: Negotiating The Labyrinth: Disability And The Queensland Justice System By Dan Toombs, Jodie O'Leary
Book Review: Negotiating The Labyrinth: Disability And The Queensland Justice System By Dan Toombs, Jodie O'Leary
Jodie O'Leary
No abstract provided.
Criminal Defense Advice: Why Do Lawyers Defend The Guilty?, William Thies
Criminal Defense Advice: Why Do Lawyers Defend The Guilty?, William Thies
William Thies
Criminal Law is not the easiest legal matter to discuss. When discussing the topic, many questions surface from concerned clients and observers of society. Interestingly, many individuals become uncomfortable with the laws that allow solicitors to defend the guilty.