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Criminal Law and Procedure

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Institution
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Articles 271 - 273 of 273

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Entrapment And Terrorism, Dru Stevenson Mar 2007

Entrapment And Terrorism, Dru Stevenson

Dru Stevenson

The thesis of this article is that the unique nature of terrorist crime requires a tweaking of the entrapment rules. The entrapment defense is our legal system’s primary mechanism for regulating government sting operations. I argue that sting operations and surveillance are conceptually distinct (or rival) methods of law enforcement, which compete for resource allocation. If an enforcement agency favors one method, it shifts resources away from the other. To the extent that we dislike panoptic government surveillance, we can steer enforcement agencies away from it by encouraging targeted stings; and we can achieve this, in part, by adapting the …


Private Criminal Justice, Ric Simmons Mar 2007

Private Criminal Justice, Ric Simmons

Ric Simmons

The past few decades have seen the rise of two very different alternatives to the traditional criminal justice system: private police and restorative justice programs. Each of these approaches represents a revolutionary paradigm shift as to how criminal justice is administered in this country—and yet each of these movements has been limited in its impact on the current criminal justice system. The privatization movement has been restricted to the law enforcement stage of the criminal justice system, while the restorative justice movement has been dependent upon state support. This Article argues that it is only a matter of time before …


Criminal Forfeiture Procedure: An Analysis Of Developments In The Law Regarding The Inclusion Of A Forfeiture Judgment In The Sentence Imposed In A Criminal Case, Stefan D. Cassella Aug 2004

Criminal Forfeiture Procedure: An Analysis Of Developments In The Law Regarding The Inclusion Of A Forfeiture Judgment In The Sentence Imposed In A Criminal Case, Stefan D. Cassella

Stefan D Cassella

The article surveys the developments in the case law regarding criminal forfeiture procedure in 2003-04.