Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

PDF

2011

Criminal

Discipline
Institution
Publication
Publication Type

Articles 1 - 14 of 14

Full-Text Articles in Entire DC Network

Issue 1: Annual Survey 2011 Table Of Contents Nov 2011

Issue 1: Annual Survey 2011 Table Of Contents

University of Richmond Law Review

No abstract provided.


Are New York's Social Host Liability Laws Too Strict, Too Lenient, Or Just Right, Jared Wachtler Oct 2011

Are New York's Social Host Liability Laws Too Strict, Too Lenient, Or Just Right, Jared Wachtler

Touro Law Review

No abstract provided.


Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic Jul 2011

Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic

Journal of Dispute Resolution

This article serves to illustrate how the implementation of a plea bargaining process at the ICC would enable the Court to achieve both peace and justice. Part II begins by analyzing the history of plea bargaining in the international criminal arena, using the ICTY and the ICTR as models of the successful incorporation of plea bargaining into a court's adjudication process. Part III transfers these advantages to the ICC by examining how the plea bargaining process would advance the Court's goals of achieving peace and justice. Part IV moves from the theoretical to the practical by analyzing how the principles …


The Juvenile In-Justice System, Kasey Susan Franks Jun 2011

The Juvenile In-Justice System, Kasey Susan Franks

Social Sciences

No abstract provided.


O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert Apr 2011

O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert

Seattle University Law Review

This Article submits that Occupy’s race problem could, ironically, prove to be a solution if protesters grow more serious about exposing the injury of political subordination and systems of privilege that adhere to the criminal justice system. Privilege is a “systemic conferral of benefit and advantage [as a result of] affiliation, conscious or not and chosen or not, to the dominant side of a power system.” Accordingly, now that police mistreatment affects them personally, Occupy may finally help kill a fictitious Fourth Amendment jurisprudence that ignores oppression through improper policing based on racial stigma. Occupy may also help usher in …


"An Insanity Defense Should Be Available To Psychopaths", Christian Francis Richeson Apr 2011

"An Insanity Defense Should Be Available To Psychopaths", Christian Francis Richeson

Theses

Current law allows certain criminal defendants -- not including psychopaths -- an insanity defense. Both Utilitarian and Retributivist rationales can be cited for the defense. This essay argues that affording a defense like the insanity defense to criminal psychopaths is justified on much the same rationales. Integral to the psychopathy syndrome is a set of neurocognitive deficits that render psychopaths significantly less deterrable than non-psychopaths: first, psychopaths' relative inability to recognize when a behavior pattern that once netted benefits now nets costs, and to change their behavior accordingly; second, their relative inability to form the mental associations between an aversive …


Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd Jan 2011

Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd

Reid G. Fontaine

Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that …


Mental Illness In Policy Discourse: Locating The Criminal Justice System, Natalia K. Hanley, Stuart Ross Jan 2011

Mental Illness In Policy Discourse: Locating The Criminal Justice System, Natalia K. Hanley, Stuart Ross

Faculty of Social Sciences - Papers (Archive)

Abstract presented at the Australian Political Science Association 2011 Conference, 26-28 September 2011, Canberra, Australia


The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic Jan 2011

The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic

Cleveland State Law Review

This Note will argue that Ohio's record sealing statute is still a viable means to achieve this balance, but that it must be supplemented by additional laws in order to remain effective. Part II provides a short history of record sealing and expungement in the United States and explains how Ohio's record sealing statute effectively deals with some common criticisms of record sealing. Part III then briefly examines why sealing and expungement statutes are becoming increasingly ineffective due to the proliferation of electronic criminal records and the rise of the data-mining industry. Part IV critiques some of the proposed solutions …


David Trager: Jurist, Jeffrey B. Morris Jan 2011

David Trager: Jurist, Jeffrey B. Morris

Scholarly Works

No abstract provided.


Criminal Trials As Morality Plays: Good And Evil, George C. Thomas Iii Jan 2011

Criminal Trials As Morality Plays: Good And Evil, George C. Thomas Iii

Saint Louis University Law Journal

No abstract provided.


What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley Jan 2011

What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley

St. Mary's Law Journal

Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause …


The Influences Of Gender And Race On The Attachment Styles Within A Criminal Population, Morgan Litchfield Bryant Jan 2011

The Influences Of Gender And Race On The Attachment Styles Within A Criminal Population, Morgan Litchfield Bryant

Electronic Theses and Dissertations

This study utilizes tenets of attachment theory to examine how patterns of relating to parental figures vary according to the race and gender of subjects residing in a correctional facility. The study can perhaps influence rehabilitation services within the prison system and modify anti-recidivism programs attended by individuals released from a correctional facility. Second year doctoral students originally collected the data. The participants in the study were given the Adult Scale of Parental Attachment (ASPA) and a general questionnaire in an effort to gather information regarding race, gender, and patterns of relating. The participants were above the age of 18, …


Terrorism And Universal Jurisdiction: Opening A Pandora's Box?, Luz E. Nagle Jan 2011

Terrorism And Universal Jurisdiction: Opening A Pandora's Box?, Luz E. Nagle

Georgia State University Law Review

The relationship between terrorism and international criminal law has provoked a good deal of discussion in the wake of the terrorist attacks of September 11, 2001 in New York City and at the Pentagon in Washington, D.C. A particularly challenging issue pertains to whether terrorism is an international crime or a transnational crime, and if and in what context offenders and offenses, to which we affix the label of terrorist and terrorism, should or can be subject to the limited jurisdiction of the International Criminal Court (ICC) and other international and national criminal tribunals.