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Criminal Law

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Selected Works

2016

Criminal law

Articles 1 - 6 of 6

Full-Text Articles in Law

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead Aug 2016

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …


Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly Jul 2016

Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly

Allison Connelly

In this newsletter article, Professor Connelly discusses the difficulties faced by indigent prisoners in gaining access to the justice system.


Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye Mar 2016

Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye

David Kaye

For over 130 years, scientific sleuths have been inspecting hairs under microscopes. Late in 2012, the FBI, the Innocence Project, and the National Association of Criminal Defense Lawyers joined forces to review thousands of microscopic hair comparisons performed by FBI examiners over several of those decades. The results have been astounding. Based on the first few hundred cases in which hairs were said to match, it appears that examiners “exceeded the limits of science” in over 90% of their reports or testimony. The disclosure of this statistic has led to charges that the FBI “faked an entire field of forensic …


Evidence Of The Military's Sexual Assault Blind Spot.Pdf, Eric Carpenter Dec 2015

Evidence Of The Military's Sexual Assault Blind Spot.Pdf, Eric Carpenter

Eric R. Carpenter

In response to the American military's perceived inability to handle sexual assault cases, many members of Congress have lost confidence in those who run the military justice system. Critics say that those who run the military justice system are sexist and perceive sexual assault cases differently than the public does.

This article is the first to empirically test that assertion. Further, this is the first study to focus on the military population that matters – those who actually run the military justice system.

This study finds that this narrow military population endorses two constructs that are associated with the acceptance …


Evidence Of The Military's Sexual Assault Blind Spot.Pdf, Eric Carpenter Dec 2015

Evidence Of The Military's Sexual Assault Blind Spot.Pdf, Eric Carpenter

Eric R. Carpenter

In response to the American military's perceived inability to handle sexual assault cases, many members of Congress have lost confidence in those who run the military justice system. Critics say that those who run the military justice system are sexist and perceive sexual assault cases differently than the public does.

This article is the first to empirically test that assertion. Further, this is the first study to focus on the military population that matters – those who actually run the military justice system.

This study finds that this narrow military population endorses two constructs that are associated with the acceptance …


Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai Dec 2015

Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai

Stephen E Henderson

In this invited contribution to the Law Journal's annual Teaching Issue, we pay some homage to the great philosopher whose spirit allegedly guides our classrooms, in service of two concrete goals. One, we employ dialogue to describe the “nuts and bolts” of teaching Criminal Procedure, most of which are equally relevant to any doctrinal law school course (including course description, office hours, seating charts and attendance, class decorum and recording, student participation, laptops, textbooks, class preparation and presentation, and exams). Two, we explain the benefits of using multimedia in the classroom, including a few of the many modules found on …