Law Commons^™

Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon

Scholarship Chronologically

This paper: To show what we agree on by explication of the deontologic justification for blackmail prohibitions. In the process· to make the deontologic nature of bmail clearer; to show how the deont & consequentialist approaches agree on the central case; to defend the criminaliz of the central case in liberal (non-libertarian) terms; to provide some tentative observations on the non-central cases

Federal Court Reform Should Start At The Top, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Extending The Guiding Lefthand Of Counsel: The Minnesota Supreme Court Provides Protection Against Uncounseled Waivers Of The Right To Counsel During Interrogations, Edwin J. Butterfoss, Lisa J. Burkett

Faculty Scholarship

It is the thesis of this Article that the cases on which the Minnesota Supreme Court in Lefthand relied and the policy concerns that motivated the court suggest that the rule of Lefthand should apply to any suspect who has asserted her right to counsel, regardless of whether that suspect is in custody, formally charged, or formally represented by counsel. If the court's ruling in Lefthand is carried to its logical scope, law enforcement officers and prosecutors in Minnesota may find that very early in the criminal justice process they are precluded from obtaining waivers of the right to counsel …

Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.

Does Culpability Matter?: Statutory Construction Under 42 U.S.C. § 6928, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Testing The Limits Of Investigating And Prosecuting White Collar Crime: How Far Will The Courts Allow Prosecutors To Go?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur

Faculty Articles

In this article, we focus on the interaction of Anglo-American criminal law and Protestant theological doctrine. We argue (1) that the sixteenth-century Protestant theological doctrine of the uses of moral law provided a critical analogue, if not antecedent to the classic Anglo-American doctrine of the purposes of criminal law and punishment; and (2) that this theological doctrine provides important signposts to the development of a more integrated moral theory of criminal law and punishment in late twentieth century America.

Part One of this Article sets out the theological doctrine of the "civil," "theological," and "educational" uses of the moral law, …

Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf

Faculty Articles and Papers

No abstract provided.

Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The U. S. criminal justice system has undergone radical changes in the past generation. Crime is more complex; prosecutors are more powerful; and courts, corrections agencies, and defense services are burdened with larger case loads and tighter budgets. It is not the best of times to talk about justice. Yet, it is a subject that needs to be constantly addressed, particularly in times of crisis. The following essay focuses on some of the problems that present themselves in the criminal justice system today, including the conviction of innocent defendants, especially in capital cases; racial prejudice; and lawyer incompetence.

The Staten Island Day-Fine Project, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Controlling Chemicals Used To Make Illegal Drugs: The Chemical Action Task Force And The Domestic Chemical Action Group, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

The Effect Of Drug Testing In New Orleans, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Testing Hair For Illicit Drug Use, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Local Prosecutors And Corporate Crime, Us Department Of Justice

National Institute of Justice Research in Brief

SuDoc# J 28.24: P 94/4

Item# 0718-A-03

Dna Evidence: Probability, Population Genetics, And The Courts, David H. Kaye

Journal Articles

To help meet the challenge of presenting properly performed DNA tests within the post-Daubert legal framework, this article outlines the statistical procedures that have been employed or proposed to provide judges and juries with quantitative measures of probative value, describes more fully how the courts have dealt with these procedures, and evaluates the opinions and the statistical analyses from the standpoint of the law of evidence.

Specifically, the article outlines the procedure used to declare whether two samples of DNA "match," and how shrinking the size of the "match window," as some defendants have urged, will decrease the risk of …

Orders Of Protection In Domestic Violence Cases: An Empirical Assessment Of The Impact Of The Reform Statutes, Kit Kinports, Karla Fischer

Journal Articles

The authors' concern that domestic violence reform statutes might not be having their intended effect sparked their decision to evaluate the protective order statutes empirically. The authors therefore distributed a lengthy survey to 843 domestic violence organizations nationwide that helped battered women obtain protective orders. The survey focused on three issues. The first issue was access to the courts: Is the protective order remedy accessible to battered women? The second issue related to the procedures for obtaining orders of protection: Are judges granting orders in appropriate cases, and are they awarding the full range of remedies contemplated by the reform …

Battered Woman Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Constitutional Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay

Research Collection Yong Pung How School Of Law

Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such a relationship, and structures and processes at work towards its regulation. Both the creation and blocking of corruption opportunities are consequences of corruption control. Corruption regulation does not progress from prevention ideology to operational strategies in terms of total control, and therefore the regulatory space within which corruption and control interact becomes a construction of dependence.

Law, Order, And The Consent Defense, Keith M. Harrison

Law Faculty Scholarship

[Excerpt] Among the benefits that we gain on leaving the state of nature and joining together in a "civilized society" is some amount of added protection of our individual possessions and person. Among our losses is the ability to plunder, at will, the possessions and bodies of those who are weaker than we are. These two statements are generally, but not absolutely, true. I propose that one hallmark of civilization is the security of everyone who lives under its authority that they are free from the unwanted interferences of others with their personal integrity and property rights.' One way to …

Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson

Scholarly Works

No abstract provided.

Are Spread Out Cities Really Safer? (Or, Is Atlanta Safer Than New York?), Michael Lewyn

Scholarly Works

No abstract provided.

After White V. Illinois: Fundamental Guarantees To A Hollow Right To Confront Witnesses, Patricia W. Bennett

Journal Articles

The thrust of this Article is three-fold: (1) to discuss the historical aspects of the Confrontation Clause and its interpretation by the United States Supreme Court, (2) to show that, with White v. Illinois, the Supreme Court lost its moorings with previous decisions and drifted into treacherous constitutional seas, and (3) to suggest a textual construction of the Confrontation Clause that would be harmonious with the hearsay rule while preserving the rights of the accused to face their actual accusers.

Voting Behavior On The Texas Court Of Criminal Appeals, 1991-92, Keith A. Rowley, Michael D. Weiss

Scholarly Works

Between early 1991, when Judge Fortunato Benavides was appointed to replace Judge Marvin O. Teague, and July 1, 1992, the Texas Court of Criminal Appeals decided 251 cases where the ultimate question at stake was whether or not an accused individual would receive punishment for his or her alleged wrongdoing. While the sitting judges unanimously decided roughly one-half of these cases, 133 cases resulted in one or more dissenting votes. Furthermore, a margin of two votes or less decided thirty-five cases.

The purpose of this Article is to analyze and, if possible, explain the voting behavior of the members of …

The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

Articles

No abstract provided.

Blackmail And Other Forms Of Arm-Twisting, Leo Katz

All Faculty Scholarship

No abstract provided.

Racial Imagery In Criminal Cases, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson

All Faculty Scholarship

No abstract provided.