Digital Commons Network^™

Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.

The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer

West Virginia Law Review

No abstract provided.

Lethal Discrimination, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

No Second Chances: Leandra's Law And Mandatory Alcohol Ignition Interlocks For First-Time Drunk Driving Offenders, Joseph Marutollo

Pace Law Review

This Comment will examine whether it was prudent for New York to mandate alcohol ignition interlocks for all convicted DWI offenders. This Comment begins with an examination of the recent history of alcohol ignition interlocks in New York State. This Comment will then focus on three major critiques of alcohol ignition interlocks: first, whether first-time offenders should be treated the same way as serious alcohol abusers; second, whether mandating alcohol ignition interlocks for first-time offenders is an efficient way to curb drunk driving; and third, whether mandatory alcohol ignition interlock laws violate the separation of powers doctrine through Pennsylvania case …

Pity The Child: The Age Of Delinquency In New York, Merril Sobie

Pace Law Review

No abstract provided.

Sentencing Beyond Our Borders, Steven Chanenson

Steven L. Chanenson

No abstract provided.

Appealing To The Legislature: A Comparative Analysis Of The Georgia Statutes Regarding Evidence Preservation And Access To Post-Conviction Dna Testing, Joy D. Aceves-Amaya

University of the District of Columbia Law Review

DNA evidence testing is the leading cause of exonerations in criminal cases throughout the United States.2 Yet, without the preservation of evidence in these cases and the ability to subject this evidence to advancing technology in DNA testing, many claims of innocence go unheard and defendants remain incarcerated while the real perpetrators of crime go unpunished. As of September 2009, seven Georgia men have been exonerated by post-conviction DNA testing.3 Such exonerations should be considered "victories for our criminal justice system: they free the innocent, correct miscarriages of justice that undermine public confidence in our criminal justice system, and allow …

Judge's Ill-Timed Ruling Invites Irrationality In Public's Views About Capital Punishment, Adam M. Gershowitz

Popular Media

No abstract provided.

Curriculum: Investigating Allegations Of Staff Sexual Misconduct With Offenders (Facilitator's Guide), Brenda V. Smith, Morris L. Thigpen, Thomas Beauclair, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Aaron Aldrich, Darrell Alley, Roy Austin, Diane Berman, Susan Carle, Wally Carmichael, Deborah Connor, Dan Dunne, Karen Giannakoulias, Katherine Huffman, Madeleine Lamarre, Susan Mccampbell, Andie Moss, Mary Pinn, Susan Poole, Keith Reid, Jo Sterns, Melissa Turner, A.T. Wall

Reports

Investigating Allegations of Staff Sexual Misconduct with Offenders is a 36-hour educational program that addresses the complex issues in investigations of staff on offender sexual abuse in correctional settings. It is primarily designed for investigators, prosecutors, human resource administrators, and high-level correctional administrators, but can be adapted for other audiences.

Before the lesson plans begin on page 31, you will find background information for the instructor. First you will find the proposed program agenda for the training, a list of topics and break times. This provides the instructor with a snapshot of the entire training; each module, topic and time …

No Witness? No Admission: The Tale Of Testimonial Statements And Melendez-Diaz V. Massachusetts, Jody L. Sellers

Mercer Law Review

In Melendez-Diaz v. Massachusetts, the United States Supreme Court held that the Massachusetts trial court's admission into evidence of forensic "certificates of analysis" violated the Confrontation Clause of the Sixth Amendment. Following Crawford v. Washington, the Supreme Court held that the accused has a right to be confronted with the forensic analysts at trial unless "the analysts [are] unavailable to testify at trial" and the accused "had a prior opportunity to cross-examine" the analysts. Melendez-Diaz will have an important impact on criminal evidence procedure, specifically in regard to the potential growth of notice-and-demand statutes.

Statewide Capital Punishment: The Case For Eliminating Counties’ Role In The Death Penalty, Adam M. Gershowitz

Faculty Publications

No abstract provided.

No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin

BYU Law Review

No abstract provided.

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.

Vol. Ix, Tab 41 - Ex. G - Dulitz Deposition (Google Adwords Project Manager), Daniel Dulitz

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin

Working Paper Series

This article addresses two types of conflicts of interests that arise in criminal cases: 1) when defense counsel has an employment relation to the prosecutor’s office, and 2) when defense counsel faces criminal investigation or charges. Both these situations threaten both the defendant’s representation and the actual as well as apparent fairness of the proceeding. Yet, only in extreme cases are these conflicts likely to result in a reversal of the defendant’s conviction. As a result, protection of the defendant and the fairness of the process often depends on early intervention, which allows the court to advise the defendant of …

Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.

Copyright And Freedom Of Expression In Europe, Pankaj Singh

Pankaj Singh

This article will describe the state of European law concerning the conflict between copyright and freedom of expression. To set the stage, I will first set out the constitutional basis of copyright (or the absence thereof) in various countries in Europe. Next, I shall describe the law governing free speech, and in particular the workings of Article 10 ECHR. The analysis will thereafter focus on copyright v. free speech case law that has recently emerged from a number of continental European countries (especially Germany, France and The Netherlands), and from the former ‘gate-keeper’ to the European Court, the European Commission …

Law Day Oral Argument Session Fifth District Court Of Appeal, 2010, Honorable William D. Palmer, Chief Judge, Honorable Bruce Jacobus, Honorable C. Alan Lawson

Law Day Presentations

As part of Law Day activities, a three judge panel hear appellate oral arguments on a first-degree murder case, a contract dispute, and a sexual battery and false imprisonment case, in the FAMU College of Law's Ceremonial Moot Courtroom. The Court entertains questions from the gallery regarding the appellate process and organization of the appellate court following each argument.

State V. Burgess: A Limitation On A Defendant’S Right To Remain Innocent, Elizabeth Lahey

The University of New Hampshire Law Review

[Excerpt] “This note will explore the current state of the privilege against self-incrimination, particularly in regard to whether it works to bar negative inferences from being drawn from a defendant’s silence during sentencing in order to determine his remorse for the crime of which he has been convicted. I will focus primarily on the issue in the context of the recent New Hampshire case State v. Burgess. In that case, the court recognized the application of the privilege at sentencing, but nonetheless carved out a unique exception which made negative inferences permissible at sentencing when the defendant has admitted to …

Finality, Habeas, Innocence, And The Death Penalty: Can Justice Be Done?, Ellyde Roko

Washington Law Review

In 1995, Judge Betty Binns Fletcher posed a question: In the context of the death penalty, can justice be done? She did not answer the question at the time. However, an examination of the procedural hurdles now facing condemned inmates seeking review of claims of constitutional violations suggests the answer is no. Too often courts, including the Supreme Court, have favored finality over fairness, elevating strict adherence to procedural rules over the responsibility to make sure justice is done. Nowhere is the problem clearer than in the arena of actual innocence, where the failure to consider a condemned inmate’s claim …

Know Your Limit: How Legislatures Have Gone Overboard With Per Se Drunk Driving Laws And How Men Pay The Price, Andrew Gore

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Summary Of Higgs V. State, 126 Nev. Adv. Op. No. 1, Kathleen Wilde

Nevada Supreme Court Summaries

A multi-faceted appeal from a Second Judicial District Court conviction of first-degree murder.

Advising Noncitizen Defendants On The Immigration Consequences Of Criminal Convictions: The Ethical Answer For The Criminal Defense Lawyer, The Court, And The Sixth Amendment, Yolanda Vazquez

Faculty Articles and Other Publications

This Article discusses the tension between the Sixth Amendment analysis by courts on the issue of immigration consequences of criminal convictions and the moral and ethical duties that an attorney owes his noncitizen client. Under the majority of jurisdictions, federal circuit and state courts hold that there is no duty to advise on this issue because they are deemed to be “collateral”. However, a growing number of these jurisdictions have begun to find a Sixth Amendment violation for failure to advise. These jurisdictions have created a Sixth Amendment duty only when: 1) the attorney “knew or should have known” the …

Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

All Faculty Scholarship

This Article undertakes the first ever analysis of the consequences of the justice and legal system’s extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman’s lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …

The Principle Of Complementarity And The International Criminal Court: The Role Of Ne Bis In Idem, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Use Of Sealed Indictments In International Law And The Issuance Of Sealed Indictments Ex Parte. Specifically Addressing The Case Law Of The International Tribunals As It Pertains To Sealed Indictments. Also, Whether It Is Legally Possible To Issue Sealed Indictments Ex Parte., Gregory L. Watkins

War Crimes Memoranda

No abstract provided.

What Is The Practice/Policy At The International Tribunals With Regard To Providing Witnesses Copies Of Their Statements? Do International Tribunals Have Blanket Policies, Or Is It On A Case-By-Case Basis (E.G., If The Witness Asks For It)? What Is The Practice In National Jurisdictions?, Yedga Sikod

War Crimes Memoranda

No abstract provided.

Appeal Based On Inadequate Representation, Ugochi Madubata

War Crimes Memoranda

No abstract provided.