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Articles 1 - 30 of 38
Full-Text Articles in Law
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King
American University Law Review
This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.
The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …
Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax
Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax
Presentations
No abstract provided.
Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder
Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder
American University Law Review
No abstract provided.
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
American University Law Review
No abstract provided.
Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee
Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee
American University Law Review
No abstract provided.
Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi
Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi
Project on Addressing Prison Rape - Articles
The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …
The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith
The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.
Arbitrary And F^@#$*! Capricious: An Analysis Of The Second Circuit's Rejection Of The Fcc's Fleeting Expletive Regulation In Fox Television Stations, Inc. V. Fcc (2007), Justin Winquist
American University Law Review
No abstract provided.
The Violence Against Women Act:Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
The Violence Against Women Act:Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
American University Criminal Law Brief
No abstract provided.
The Prison Rape Elimination Act:Implementation And Unresolved Issues Torture, Brenda V. Smith
The Prison Rape Elimination Act:Implementation And Unresolved Issues Torture, Brenda V. Smith
American University Criminal Law Brief
No abstract provided.
Editorial:The Orleans Public Defenders’ Office:Revamping The New Orleans Criminal Justice System After Katrina, Anne Keith Walton
Editorial:The Orleans Public Defenders’ Office:Revamping The New Orleans Criminal Justice System After Katrina, Anne Keith Walton
American University Criminal Law Brief
No abstract provided.
Prosecuting Sexual Violence In Correctional Settings:Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime M. Yarussi
Prosecuting Sexual Violence In Correctional Settings:Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime M. Yarussi
American University Criminal Law Brief
No abstract provided.
Proposed Maryland Jury Instructionon Cross-Racial Identification, David E. Aaronson
Proposed Maryland Jury Instructionon Cross-Racial Identification, David E. Aaronson
American University Criminal Law Brief
No abstract provided.
Removing The Stigma Of Prison Rape And Sexual Assault:The First Step To Providing Hiv Treatment To Prisoners, James Radford
Removing The Stigma Of Prison Rape And Sexual Assault:The First Step To Providing Hiv Treatment To Prisoners, James Radford
American University Criminal Law Brief
No abstract provided.
Supreme Court Watch: Recent Decisions And Upcoming Criminal Cases For The 2008-2009 Docket, Emily Pasternak
Supreme Court Watch: Recent Decisions And Upcoming Criminal Cases For The 2008-2009 Docket, Emily Pasternak
American University Criminal Law Brief
No abstract provided.
Size Doesn’T Matter: The Impact Of Small Gangs In Montgomery County, Maryland, Jeffrey T. Wennar
Size Doesn’T Matter: The Impact Of Small Gangs In Montgomery County, Maryland, Jeffrey T. Wennar
American University Criminal Law Brief
No abstract provided.
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak
Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak
The Modern American
No abstract provided.
Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider
Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider
Human Rights Brief
No abstract provided.
Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit
Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit
American University Law Review
This article considers what limits the constitution places on holding someone criminally liable for another's conduct. While vicarious criminal liability is often criticized, there is no doubt that it is constitutionally permissible as a general matter. Under the long-standing felony murder doctrine, for example, if A and B rob a bank and B shoots and kills a security guard, A can be held criminally liable for the murder. What if, however, A was not involved in the robbery but instead had a completely separate conspiracy with B to distribute cocaine? What relationship, if any, does the constitution require between A's …
Tactical Ineffective Assistance In Capital Trials, Kyle Graham
Tactical Ineffective Assistance In Capital Trials, Kyle Graham
American University Law Review
Are defense attorneys sandbagging in their death-penalty cases? In Poindexter v. Mitchell, a habeas corpus case decided in 2006, Chief Judge Danny Boggs of the United States Court of Appeals for the Sixth Circuit wrote that by conducting a deliberately defective investigation into mitigation evidence that might otherwise have been presented at the penalty phase of a capital trial, a defense attorney can virtually guarantee that any death sentence the jury returns will be vacated in later proceedings. The likelihood of such an outcome, Boggs wrote, will more than make up for the somewhat greater chance that a jury that …
Giving Birth In Shackles: A Constitutional And Human Rights Violation, Dana L. Sichel
Giving Birth In Shackles: A Constitutional And Human Rights Violation, Dana L. Sichel
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
Feminist Scholarship
INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …
The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis
The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …
Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez
Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Grand Jury Discretion And Constitutional Design, Roger Fairfax
Grand Jury Discretion And Constitutional Design, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …
The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache
The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache
American University Law Review
This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges. Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether …
Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez
Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.