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Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2004

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


On Teaching Criminal Law From A Trial Perspective, Miguel A. Méndez Oct 2004

On Teaching Criminal Law From A Trial Perspective, Miguel A. Méndez

Saint Louis University Law Journal

No abstract provided.


Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo Oct 2004

Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo

Saint Louis University Law Journal

No abstract provided.


Teaching Criminal Law, John Kip Cornwell Oct 2004

Teaching Criminal Law, John Kip Cornwell

Saint Louis University Law Journal

No abstract provided.


Teaching Criminal Law: Curing The Disconnect, Neil P. Cohen Oct 2004

Teaching Criminal Law: Curing The Disconnect, Neil P. Cohen

Saint Louis University Law Journal

No abstract provided.


A Statutory Approach To Criminal Law, Kevin C. Mcmunigal Oct 2004

A Statutory Approach To Criminal Law, Kevin C. Mcmunigal

Saint Louis University Law Journal

No abstract provided.


Consistently Revealing The Inconsistencies: The Construction Of Fear In The Criminal Law, Camille A. Nelson Oct 2004

Consistently Revealing The Inconsistencies: The Construction Of Fear In The Criminal Law, Camille A. Nelson

Saint Louis University Law Journal

No abstract provided.


Teaching Criminal Law In The Post-9/11 World: If Everything Has Changed, So Must We, David A. Harris Oct 2004

Teaching Criminal Law In The Post-9/11 World: If Everything Has Changed, So Must We, David A. Harris

Saint Louis University Law Journal

No abstract provided.


Reading As A Criminal In Early Nineteenth-Century Fiction, Gary Dyer Jun 2004

Reading As A Criminal In Early Nineteenth-Century Fiction, Gary Dyer

English Faculty Publications

No abstract provided.


Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp May 2004

Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp

University of Richmond Law Review

No abstract provided.


Self -Esteem And Sense Of Entitlement In Violent And Nonviolent Criminal Behavior, Susan Frank Apr 2004

Self -Esteem And Sense Of Entitlement In Violent And Nonviolent Criminal Behavior, Susan Frank

Doctoral Dissertations

There are two conflicting theories concerning self-esteem in violent and nonviolent criminal behavior. One theory proposes that low self-esteem is more influential than high self-esteem in an individual's decision to participate in criminal behavior, whereas the other theory proposes the opposite. Limited research is available concerning the role that sense of entitlement has in criminal behavior, beyond its previously explored role in rape. The first purpose of this study was to clarify the role of self-esteem in criminal behavior by having individuals currently incarcerated for both violent and nonviolent crimes complete the Self-Esteem Rating Scale. Using the scores obtained on …


Toward A New Theory Of Notice And Deterrence, Dru Stevenson Mar 2004

Toward A New Theory Of Notice And Deterrence, Dru Stevenson

ExpressO

This article sets forth a new model of “notice” and deterrence that helps explain some long-standing contradictions in the literature on deterrence. Nearly all the work in the area of criminal law and deterrence has included an assumption that would-be offenders know the laws and the threatened sanctions, and therefore adjust their behavior in light of these disincentives. The fact that most people seem to be ignorant of the exact boundaries of the rules, and ignorant of the sanctions, presents an enormous conceptual problem for the classic model of deterrence. This new model presents an alternative mechanism for deterrence based …


Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson Feb 2004

Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson

ExpressO

Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …


Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer Jan 2004

Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer

Faculty Publications

This term, the U.S. Supreme Court will review a Nevada decision authorizing police to arrest people for refusing to identify themselves. If affirmed, the decision could reshape how privacy is viewed in the criminal context throughout the United States, and could prompt the Massachusetts Supreme Judicial Court to depart from the Supreme Court’s approach to stop-and-frisk cases. The case is Hiibel v. Sixth Judicial District Court, 59 P.3d 1201 (Nev. 2002), cert. granted, 124 S. Ct. 430 (2003).


Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova Jan 2004

Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova

ILSA Journal of International & Comparative Law

On May 19, 2004, the United States introduced a Resolution to the United Nations Security Council for a third year in a row, requesting it to exempt from the International Criminal Court (ICC) all current and former troops and personnel from non-International Criminal Court member states, like the United States, who serve on United Nations' missions.


Re-Characterizing Abortion In Nigeria: An Appraisal Of The Necessity Test, Victor Nnamdi Opara Jan 2004

Re-Characterizing Abortion In Nigeria: An Appraisal Of The Necessity Test, Victor Nnamdi Opara

ILSA Journal of International & Comparative Law

The Nigerian criminal jurisprudence prohibits abortion in all instances except when necessary to save the life of a woman.


Specialization In The Criminal Careers Of Sex Offenders, Jodi K Olson Jan 2004

Specialization In The Criminal Careers Of Sex Offenders, Jodi K Olson

UNLV Retrospective Theses & Dissertations

Recent public policy has been implemented with the assumption that sex offenders are highly motivated and tend to exhibit specialization and compulsivity in their offending patterns. Past research has not been able to confirm or invalidate this assumption, and has reflected many inconsistencies when drawing conclusions about sex offender profiles and career trajectories; Drawing upon a national sample of offenders, the current study examines the degree of specialization in the criminal careers of sex offenders and other groups of offenders. Results from the adjacent specialization analyses of the general offense categories indicated that sex offenders are among the least specialized …


How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer Jan 2004

How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer

Journal of Law and Health

This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …


Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner Jan 2004

Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner

Fordham Urban Law Journal

On October 18, 2003, more than one hundred professionals from the five boroughs of New York City came together to identify, evaluate, and begin to solve some of the complex problems embedded in the culture, operations, and practice in New York City's Criminal Courts. The conference planners focused on five problems that have undermined the pursuit of justice in New York City’s Criminal Court system for decades. The first group, Arraignment Norms, Practices and Culture, targeted professionalism and justice at the first and often last court appearance for people arrested and charged with misdemeanor crimes in New York City. The …


Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard Jan 2004

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard

Fordham Urban Law Journal

Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …