Law Commons^™

Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii

George C Thomas III

Miranda v. Arizona is the best known criminal procedure decision in the history of the Supreme Court. It has spawned dozens of books and hundreds of articles. The world does not need another Miranda book unless it has something new and interesting to tell readers. Unfortunately, to borrow an old cliche, the parts of Gary Stuart’s book that are new are, for the most part, not interesting and the parts that are interesting are, for the most part, not new. Stuart adds material to the Miranda storehouse about the involvement of local Arizona lawyers and judges in the original case, …

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

George C Thomas III

Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …

Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson

Vera Bergelson

This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed. Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …

13. From Post-Mortem To Preventive Medicine: Next Steps For Research On Child Witnesses., Thomas D. Lyon, Karen J. Saywitz

Thomas D. Lyon

12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon

Thomas D. Lyon

11. Report Of The Apsac Task Force On Attachment Therapy, Reactive Attachment Disorder, And Attachment Problems., Mark Chaffin, Rochelle Hanson, Benjamin E. Saunders, Todd Nichols, Douglas Barnett, Charles Zeanah, Lucy Berliner, Byron Egeland, Elana Newman, Thomas D. Lyon, Elizabeth Letourneau, Cindy Miller-Perrin

Thomas D. Lyon

Expert On Sex Trafficking Contributes To Passage Of Historic New Law

Donna M. Hughes

No abstract provided.

Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston

James B Johnston

When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …

Adult Punishment For Juvenile Offenders: Does It Reduce Crime?, Richard E. Redding

Richard E. Redding

This chapter discusses the research on the general and specific deterrent effects of transferring juveniles for trial in adult criminal court, identifies gaps in our knowledge base that require further research, discusses the circumstances under which effective deterrence may be achieved, and examines whether there are effective alternatives for achieving deterrence other than adult sanctions for serious juvenile offenders. As a backdrop to this analysis, the chapter first examines the role of public opinion in shaping the get tough policies, and how policy makers have misunderstood and perceived support for these policies.

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

An Examination Of New Jersey's Money Laundering Statutes, James B. Johnston

James B Johnston

Drug dealers, white collar criminals and organized crime groups look at New Jersey as a safe haven when conducting financial transactions with their crime linked money. Due to its proximity to New York, New Jersey has become susceptible to the money laundering industry. As a result the New Jersey legislature has passed a series of anti-money laundering provisions that provide law enforcement with powerful tools designed to take the profit out of crime and bring money launderers to justice. This article examines New Jersey's money laundering statutes and its potential contribution in bringing profit motivated criminals to justice.

Societal Views And Survivors Of Domestic Violence: Asking The Right Questions, Dana Harrington Conner

Dana Harrington Conner

No abstract provided.

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A formal model of the law of fair use.

Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Mary Sue Backus

No abstract provided.

Self-Defence In Criminal Law, Boaz Sangero

Prof. Boaz Sangero

Self-Defence in Criminal Law - book reviews: (1) Boaz Sangero's project and ambition – in which he largely succeeds – is to provide a doctrinally sound framework for the analysis and critique of self defence as it operates in a variety of legal systems. His methodology is a mixture of inductive and deductive strategies.…Sangero has valuable thoughts to offer, and the analytical strength of his framework is powerfully demonstrated throughout…the reader who seeks answers to the more fundamental questions raised by Leverick [Killing in Self-Defence, OUP] at the start of her work had better turn to Sangero's book to find …

A New Defense For Self-Defense, Boaz Sangero

Prof. Boaz Sangero

Private defense, like self-defense, has been virtually undisputed both in the past and present and even taken for granted, and perhaps particularly for this reason, sufficient attention has not always been given to the rationale underlying private defense. As a result, the legal arrangements set for private defense in the different legal systems are deficient, inconsistent, and, at times, replete with internal contradictions. This Article seeks to propose a sound rationale for the concept of private defense. It begins by attempting to clearly and precisely delineate the scope of the defense and weed out cases that are occasionally (and, I …

Impeachment Calls And Death Threats: Assessing Criticisms Of The Death Penalty Jurisprudence Of Justices Kennedy And O’Connor, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

Changing Expectations Of Privacy And The Fourth Amendment, Robert Power

Robert C Power

Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger

Robert M. Sanger

Essay on the Role of the Criminal Defense Lawyer. Criminal defense lawyers are often asked, "How can you represent "those" people?" The article contends that the answer is that the defense lawyer's job is to stand up for the dignity of the individual client and demand respect from the system for that client.

Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian Gallini

Brian Gallini

9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic

Thomas D. Lyon

Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell

Caroline A Forell

This article examines and compares the partial defense of provocation as it applies to domestic homicide in the United States, Canada and Australia.

If I Were A Corporation, I'D Be A Constitutional Person, Too, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.