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Articles 1 - 30 of 1811
Full-Text Articles in Entire DC Network
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith
Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of “Sexually Violent Predator” Commitment, Deirdre M. Smith
Oklahoma Law Review
In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner
Saint Louis University Public Law Review
No abstract provided.
State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court
State Of Utah, Appellee, Vs. D.G., Appellant A Person Under 18 Years Of Age., Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Appeal from an adjudication for aggravated sexual assault, a first degree felony punishable by fifteen-years-to life if committed by an adult, in violation of Utah Cose Section 76-5-405, see Utah Code 76-5-405 (2013), entered in the Third District Juvenile Court, in and for Salt Lake county, State of Utah, the Honorable Kimberly K. Hornak presiding. On certification to the Utah Supreme Court from the Utah Court of Appeals.
Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave
Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave
Publications
The U.S. criminal justice system is long overdue for reform and the best place to start is the institution of the criminal grand jury. This archaic aspect of our system was originally intended to protect individuals suspected of a crime by including people from the community as a check on those with the power of the state to enforce the law. The grand jury no longer serves this purpose and should be abolished.
A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert
A Gunman’S Paradise: How Louisiana Shields Concealed Handgun Permit Holders While Targeting Free Speech And Why Other States Should Avoid The Same Misfire, Michael J. Lambert
Louisiana Law Review
The article discusses development in the laws for concealed handgun permit in the U.S. Topics discussed include legal history of gun laws in Louisiana, the constitutionality of laws in context of the First Amendment of the U.S. Constitution, and various laws banning the permit of handgun in Louisiana.
Introduction: To Economic Justice
Introduction: To Economic Justice
City University of New York Law Review
No abstract provided.
No Access, No Choice: Foster Care Youth, Abortion, And State Removal Of Children, Kara Sheli Wallis
No Access, No Choice: Foster Care Youth, Abortion, And State Removal Of Children, Kara Sheli Wallis
City University of New York Law Review
No abstract provided.
The Long Crisis: Economic Inequality In New York City, Fahd Ahmed, Tom Angotti, Jennifer Jones Austin, Shawn Blumberg, Robin Steinberg, Stephen Loffredo
The Long Crisis: Economic Inequality In New York City, Fahd Ahmed, Tom Angotti, Jennifer Jones Austin, Shawn Blumberg, Robin Steinberg, Stephen Loffredo
City University of New York Law Review
City University of New York Law Review hosted this public panel discussion on November 12, 2014 at CUNY School of Law. CUNY Law Review would like to thank the co-sponsors of this event: Law Students for Reproductive Justice (LSRJ); Latin American Law Students Association (LALSA); Labor Coalition for Workers’ Rights and Economic Justice; National Lawyers Guild CUNY Law Chapter (NLG); Iraqi Refugee Assistance Project (IRAP); Student for Justice in Palestine (SJP) and CUNY Law Association of Students for Housing (CLASH).
State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals
State Of Utah, Plaintiff/ Appellee, V. Cooper John Anthony Van Huizen Defendant/ Appellant., Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– )
Appeal from the bindover order entered by the Second District Juvenile Court, the Honorable Michelle Heward presiding, transferring Cooper John Anthony Van Huizen to the District Court, the Honorable Ernie Jones presiding, pursuant to the Serious Youth Offender statute, see Utah Code§ 78A-6-702 (2013).
The Diary Of An Ex-Con, Erica Edwards
The Diary Of An Ex-Con, Erica Edwards
Capstones
Evelyn Litwok talks about abuse that incarcerated people experience in prison and the punishment inmates face when they attempt to address it with administration.
The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun
The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun
Indonesia Law Review
The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …
Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.
Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.
Indonesia Law Review
The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, …
Appellate Division, Fourth Department, People V. Bonilla, Ellyn Wilder
Appellate Division, Fourth Department, People V. Bonilla, Ellyn Wilder
Touro Law Review
No abstract provided.
Court Of Appealsof New York, People V. Linares, Ellyn Wilder
Court Of Appealsof New York, People V. Linares, Ellyn Wilder
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo
Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo
Touro Law Review
No abstract provided.
Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat
Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat
Georgia Journal of International & Comparative Law
No abstract provided.
Trending@Rwu Law: Dean Yelnosky's Post: Ending 2014 With An Exclamation Point; Looking Forward To January..., Michael Yelnosky
Trending@Rwu Law: Dean Yelnosky's Post: Ending 2014 With An Exclamation Point; Looking Forward To January..., Michael Yelnosky
Law School Blogs
No abstract provided.
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente
Tara M. Parente
This paper explores how popular culture portrays attorney decision-making and its consequences. This paper compares and contrasts two films in order to exemplify how attorneys are portrayed throughout film and how this carries over into real life. Attorneys are faced with ethical dilemmas at all times, especially throughout career advancement and the decisions made tend to affect every aspect of an attorney's life.
Vawa @ 20: Introduction, Nishan Bhaumik
Vawa @ 20: Introduction, Nishan Bhaumik
City University of New York Law Review
No abstract provided.
Vawa After The Party: Implementing Proposed Guidelines On Campus Sexual Assault Resolution, Mary P. Koss, Elise C. Lopez
Vawa After The Party: Implementing Proposed Guidelines On Campus Sexual Assault Resolution, Mary P. Koss, Elise C. Lopez
City University of New York Law Review
No abstract provided.
Agreements For Probation Services Hb 837, Georgia State University Law Review
Agreements For Probation Services Hb 837, Georgia State University Law Review
Georgia State University Law Review
The bill would have authorized private probation companies to contract with county and municipal judges to oversee misdemeanor probationers. Private probation companies would have been able to exercise the full range of powers of a public probation officer to monitor a probationer, including electronic tracking, drug and alcohol testing, and assessing fees for the expense of supervising the probationer. The Act would have allowed the private probation company to appeal to a judge to toll the probationer’s sentence if the probationer failed to comply with any of the terms of the probation, including paying fees.
Juvenile Court Administration Sb 365, Georgia State University Law Review
Juvenile Court Administration Sb 365, Georgia State University Law Review
Georgia State University Law Review
Georgia Council on Criminal Justice Reform. This installment focuses on offender reintegration and state compliance with federal standards. The Act provides for more court involvement in delinquent and dependent juvenile matters, periodic review hearings for children in residential placement, and permanency plans for juveniles. The Act also provides for driver’s license reinstatement, educational programs for certain adult offenders, and programs supporting re-entry to society for adult offenders. Finally, the Act changes the reporting structure for Review Panel and Child Abuse Protocol Committees.
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Jeffrey J. Rachlinski
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research questions in a multi-part study involving a large sample of trial judges drawn from around the country. Our results …
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Muna B Ndulo
In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …
Targeting Co-Belligerents, Jens David Ohlin
Targeting Co-Belligerents, Jens David Ohlin
Jens David Ohlin
One of the central controversies of the targeted killing debate is the question of who can be targeted for a summary killing. The following chapter employs a novel normative framework: how to link an individual terrorist with a non-state group that threatens a nation-state. Six linking principles are catalogued and analyzed, including direct participation, co-belligerency, membership, control, complicity and conspiracy. The analysis produces counter-intuitive results, especially for civil libertarians who usually eschew status principles in favor of conduct principles. The concept of membership, a status concept central to international humanitarian law, is ideally suited to situations, like targeted killings, that …
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Jens David Ohlin
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …
Joint Intentions To Commit International Crimes, Jens David Ohlin
Joint Intentions To Commit International Crimes, Jens David Ohlin
Jens David Ohlin
The following article is an attempt to provide a coherent theory that international tribunals may use to ground the imposition of vicarious liability for collective crimes. Currently, the case law and the literature is focused on a debate between the Joint Criminal Enterprise (JCE) doctrine applied by the ICTY and the co-perpetration doctrine applied by the ICC, which defines co-perpetrators as those who have joint control over the collective crime. The latter doctrine, influenced by German criminal law theory, has recently won many converts, both in The Hague and in the Academy, because it allegedly avoids many of the pitfalls …
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Jens David Ohlin
How should international courts distinguish between principals and accessories? The ICC answered this question with Roxin’s Control Theory of Perpetration; defendants should be convicted as principals if they control the crime individually, jointly with a co-perpetrator, indirectly via an organized apparatus of power, or as indirect co-perpetrators (via a combination of the previous doctrines). As the ICC adopted the control requirement, however, some of its decisions have allowed lower mental states such as recklessness or dolus eventualis to meet the standard for principal perpetration under the Control Theory. Other decisions have asserted that intent or knowledge is required though their …
Second-Order Linking Principles: Combining Vertical And Horizontal Modes Of Liability, Jens David Ohlin
Second-Order Linking Principles: Combining Vertical And Horizontal Modes Of Liability, Jens David Ohlin
Jens David Ohlin
Both the ICTY and the ICC have struggled to combine vertical and horizontal modes of liability. At the ICTY, the question has primarily arisen within the context of ‘leadership-level’ JCEs and how to express their relationship with the Relevant Physical Perpetrators of the crimes. The ICC addressed the is-sue by combining indirect perpetration with co-perpetration to form a new mode of liability known as indirect co-perpetration. The following article argues that these novel combinations — vertical and horizontal modes of liability — cannot be simply asserted; they must be defended at the level of criminal law theory. Unfortunately, courts that …
Assessing The Control-Theory, Jens David Ohlin, Elies Van Sliedregt, Thomas Weigend
Assessing The Control-Theory, Jens David Ohlin, Elies Van Sliedregt, Thomas Weigend
Jens David Ohlin
As the first cases before the ICC proceed to the Appeals Chamber, the judges ought to critically evaluate the merits and demerits of the control-theory of perpetratorship and its related doctrines. The request for a possible re-characterization of the form of responsibility in the case of Katanga and the recent acquittal of Ngudjolo can be taken as indications that the control-theory, is problematic as a theory of liability. The authors, in a spirit of constructive criticism, invite the ICC Appeals Chamber to take this unique opportunity to reconsider or improve the control-theory as developed by the Pre-Trial Chambers in the …