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Criminal Law

2012

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Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship Nov 2012

Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship

Florida Law Review

The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced that it will direct money to injured investors whenever possible, but has not articulated clear priorities. This Article fills the gap by introducing terms of debate and proposing a framework for the SEC’s exercise of its discretion. The Article introduces the concept of “public class counsel,” a public actor that has the dual function of deterrence and victim compensation. The concept describes—and suggests limits to—the SEC’s role in a system in which …


Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi Nov 2012

Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi

Florida Law Review

No abstract provided.


Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller Nov 2012

Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller

Florida Law Review

Under the Bail Reform Act of 1984, federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial question.” Federal appellate courts, however, have been deeply divided over how much merit is required to show that an appeal will raise a “substantial question.” Ten circuits define the phrase as a “close question,” based on an implausible reading of the 1984 Bail Act’s legislative history. But the Ninth Circuit has interpreted the requirement to mean that a defendant must prove that his appeal will raise …


The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks Nov 2012

The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks

Florida Law Review

On October 21, 1986, a two-month-old baby girl was admitted to a hospital in Pasco County, Florida. Baby Christina Ann Wells was unresponsive, was suffering from seizures, and needed assistance to breathe. Doctors observed large bruises on Christina’s head, including thumbprints on her tiny face. She had broken ribs, and the soft spot on her skull was noticeably bulging. Doctors likened some of Christina’s injuries to those commonly seen in drowning victims. However, Christina had not drowned; doctors determined that Christina’s bruises and the swelling on her brain were caused either by being shaken or by having her oxygen supply …


Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi Nov 2012

Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi

Florida Law Review

No abstract provided.


In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks Nov 2012

In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks

Florida Law Review

After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional-a decision based on nothing more than the ipse …


Victim Impact Statements And Sentencing, Sam Garkawe Nov 2012

Victim Impact Statements And Sentencing, Sam Garkawe

Associate Professor Sam Garkawe

Legislation allowing for victim impact statements ('VIS') to be presented during sentencing hearings has been introduced into the criminal justice systems of most common law nations, notwithstanding many reservations from defence lawyers and civil libertarians. Despite such legislation being widespread throughout the common law world, the use of VIS remains controversial. The main purpose of this article is to utilise basic sentencing principles in order to critically analyse the question of whether, and if so, to what extent, VIS are relevant to an offender's sentence. In such cases adequate procedural safeguards need to be instituted to ensure that offender's rights …


Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson Nov 2012

Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson

Pace Law Review

No abstract provided.


Cybercrime And The Law: Challenges, Issues, And Outcomes, Susan W. Brenner Nov 2012

Cybercrime And The Law: Challenges, Issues, And Outcomes, Susan W. Brenner

School of Law Faculty Publications

The exponential increase in cybercrimes in the past decade has raised new issues and challenges for law and law enforcement. Based on case studies drawn from her work as a lawyer, Susan W. Brenner identifies a diverse range of cybercrimes, including crimes that target computers (viruses, worms, Trojan horse programs, malware and DDoS attacks) and crimes in which the computer itself is used as a tool (cyberstalking, cyberextortion, cybertheft, and embezzlement). Illuminating legal issues unique to investigations in a digital environment, Brenner examines both national law enforcement agencies and transnational crime, and shows how cyberspace erodes the functional and empirical …


California's Constitutional Right To Privacy, J. Clark Kelso Nov 2012

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.


United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon Nov 2012

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.


Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon Nov 2012

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.


Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder Nov 2012

Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder

Pepperdine Law Review

No abstract provided.


The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen Nov 2012

The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen

Pepperdine Law Review

No abstract provided.


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose Nov 2012

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk Nov 2012

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk

Pepperdine Law Review

No abstract provided.


Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom Nov 2012

Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom

Pepperdine Law Review

No abstract provided.


Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents And Proponents: A California Sample, Robert J. Robinson Nov 2012

Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents And Proponents: A California Sample, Robert J. Robinson

Pepperdine Law Review

No abstract provided.


The Fugitive Dismissal Rule: Ortega-Rodriguez Takes The Bite Out Of Flight, Anthony Michael Altman Nov 2012

The Fugitive Dismissal Rule: Ortega-Rodriguez Takes The Bite Out Of Flight, Anthony Michael Altman

Pepperdine Law Review

No abstract provided.


The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing Nov 2012

The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing

Pepperdine Law Review

No abstract provided.


Holding Juveniles Accountable: Reforming America's "Juvenile Injustice System", Ralph A. Rossum Nov 2012

Holding Juveniles Accountable: Reforming America's "Juvenile Injustice System", Ralph A. Rossum

Pepperdine Law Review

No abstract provided.


Meeting The Challenges Faced By Girls In The Juvenile Justice System: Testimony Before The Healthy Families And Communities Subcommittee Of The U.S. House Of Representatives Education And Labor Committee, Francine T. Sherman Nov 2012

Meeting The Challenges Faced By Girls In The Juvenile Justice System: Testimony Before The Healthy Families And Communities Subcommittee Of The U.S. House Of Representatives Education And Labor Committee, Francine T. Sherman

Francine T. Sherman

Testimony by Francine T. Sherman, Clinical Professor and Director, Juvenile Rights Advocacy Project at Boston College Law School before the Healthy Families and Communities Subcommittee of the U.S. House of Representatives Education and Labor Committee, on March 11, 2010, at 10:00 AM. More information about the hearing, including an archived webcast, is available at http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=193429.


The Effect Of Private Police On Crime: Evidence From A Geographic Regression Discontinuity Design, John M. Macdonald, Jonathan Klick, Ben Grunwald Nov 2012

The Effect Of Private Police On Crime: Evidence From A Geographic Regression Discontinuity Design, John M. Macdonald, Jonathan Klick, Ben Grunwald

All Faculty Scholarship

Research demonstrates that police reduce crime. The implication of this research for investment in a particular form of extra police services, those provided by private institutions, has not been rigorously examined. We capitalize on the discontinuity in police force size at the geographic boundary of a private university police department to estimate the effect of the extra police services on crime. Extra police provided by the university generate approximately 45-60 percent fewer crimes in the surrounding neighborhood. These effects appear to be similar to other estimates in the literature.


The Prosecution Of Trade Secrets Thefts Under Federal Law, Peter J. G. Toren Nov 2012

The Prosecution Of Trade Secrets Thefts Under Federal Law, Peter J. G. Toren

Pepperdine Law Review

No abstract provided.


Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried Nov 2012

Forcing The Issue: An Analysis Of The Various Standards Of Forcible Compulsion In Rape, Joshua Mark Fried

Pepperdine Law Review

No abstract provided.


The Federal Common Law Of Crime, Robert C. Palmer Nov 2012

The Federal Common Law Of Crime, Robert C. Palmer

Robert T. Palmer, PhD

No abstract provided.


The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold Nov 2012

The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold

San Diego International Law Journal

This Article analyzes the Kharkov trial, the first trial of Nazi war criminals undertaken by any Allied Power, as well as the first trial of the Holocaust. It is written on the occasion of the 70th anniversary of the Kharkov trial. Part II, as background, describes the Holocaust as experienced in Kharkov, Ukraine. Part III discusses the trial that took place in Kharkov: the defendants, the prosecution, the setting, and the testimony. Part IV looks at the Kharkov trial as a typical Stalinist “show trial,” where guilt has been predetermined and a trial is used merely as a show to …


Limited Leverage: Federal Remedies And Policing Reform, Rachel A. Harmon Nov 2012

Limited Leverage: Federal Remedies And Policing Reform, Rachel A. Harmon

Rachel A. Harmon

With respect to deterring police misconduct, federal remedies are almost as good as they are ever going to get. Federal remedies for police misconduct, and most other remedies for misconduct, promote change by making misconduct costly for police departments and municipalities. Improving federal remedies would encourage some additional departments to seek the positive expected return on reform measures likely to reduce misconduct. But existing federal remedies all focus on either increasing the cost of misconduct or reducing its benefits. The problem is that even if existing federal remedies are altered to maximize deterrence, they cannot be employed to impose a …


The Label Of Life Imprisonment In Australia: A Principled Or Populist Approach To An Ultimate Sentence, John L. Anderson Nov 2012

The Label Of Life Imprisonment In Australia: A Principled Or Populist Approach To An Ultimate Sentence, John L. Anderson

John L Anderson

No abstract provided.


Commentary: Pleau-Sharing, Jonah J. Horwitz Nov 2012

Commentary: Pleau-Sharing, Jonah J. Horwitz

The Docket

In light of recent debate about the proper roles of federal and state governments, Jonah J. Horwitz laments how little attention has been paid to federal encroachment on the prosecution of commonplace crimes, specifically as it pertains to the death penalty controversy in United States v. Pleau.