Law Commons^™

Eight Amendment--Trial Court May Impose Death Sentence Despite Jury's Recommendation Of Life Imprisonment, Jeffrey Alan Wellek

Journal of Criminal Law and Criminology

No abstract provided.

Sec Investigations--Sec Need Not Notify Target Of Third-Party Subpoenas, Lawrence A. Leporte

Journal of Criminal Law and Criminology

No abstract provided.

The Perjurious Client Question: Putting Criminal Defense Lawyers Between A Rock And A Hard Place, Terence F. Maccarthy, Kathy Morris Mejia

Journal of Criminal Law and Criminology

No abstract provided.

The Effect Of Formal And Informal Sanctions On Delinquency: A Longitudinal Comparison Of Labeling And Deterrence Theories, Charles W. Thomas, Donna M. Bishop

Journal of Criminal Law and Criminology

No abstract provided.

Chief Justice Traynor And Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman

All Faculty Scholarship

No abstract provided.

Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson

All Faculty Scholarship

Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …

Constitutional Limitations On The Lesser Included Offense Doctrine, Chris Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Undiminished Confusion In Diminished Capacity, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Imputed Criminal Liability, Paul H. Robinson

All Faculty Scholarship

Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …

Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984). The author expected the Court to decide which interest prevails where there is a conflict between New Jersey's regulation of labor unions in order to reduce the influence of organized crime in the labor sector and federally granted rights to organize and bargain collectively.

Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Racketerring And The Federalization Of Crime, Craig M. Bradley

Articles by Maurer Faculty

The federal anti-racketeering effort has grown steadily since its inception in response to the lottery schemes of the late nineteenth century. Yet, as this article demonstrates, it has done so in the absence of a clear understanding of just what the problem is, and how the ever-expanding body of legislation is going to deal with it. While not wholly critical of the efforts of the Department of Justice and the Congress to "stamp out" racketeering, Professor Bradley raises substantial questions about the government's assessments of the scope of the problem and the effectiveness of the methods employed in fighting it.

Retribution: New York's Answer To The Multiple Felony Offender, Edward P. Abbot

Fordham Urban Law Journal

On May 31, 1983, Governor Cuomo signed an amendment to the New York Penal Law into effect. This amendment significantly increases the maximum prison term for multiple felony offenders. This amendment is primarily a provision, which stems from a retributivist theory of punishment. The intent of this amendment is twofold: first, to do justice by implementing a punishment more proportionate to the severity of the offender's crime(s) and second, to incapacitate the offender by his extended removal from society. Retribution has been an accepted rationale for imposing punishment and remains so today. Thus, the statute deserves prompt judicial recognition.

Juvenile Detention Hearings: A Proposed Model Provision To Limit Discretion During The Preadjudicatory Stage, Carol Bombardi, Carol Bombardi, Carol Bombardi, Carol Bombardi

Fordham Urban Law Journal

This Note addresses constitutional issues relevant to pretrial detention and identifies problematic aspects in the existing juvenile justice system. It examines state and model provisions regarding the detention of youths prior to trial and concentrates on the inclusion of the detention hearing as an element of detention schemes. This Note proposes a model state provision that utilizes the detention hearing to protect the preadjudicatory rights of juveniles and to reduce the risk that detention will be unnecessarily ordered.

Municipal Tort Liability For Criminal Attacks Against Passengers On Mass Transportation, Robert S. Ondrovic, Robert S. Ondrovic, Robert S. Ondrovic, Robert S. Ondrovic

Fordham Urban Law Journal

This Note discusses municipal tort liability for criminal attacks against passengers. The analysis focuses upon the liability of the New York City Transit Authority (TA). Comparisons are made to other mass transit systems in order to examine various theories concerning the duty owed by the municipally-run transit system to its passengers. Recommendations are offered to construct a clear standard of care with corresponding limits on liability. Further, this Note discusses various safety measures and will analyze the issues of whether the TA has assumed a duty to protect its passengers by developing such measures to combat subway crime and the …

Stop And Frisk In New York: Fleeing Suspects And Anonymous Tips, Kenneth M. Dorros, Kenneth M. Doros, Kenneth M. Doros, Kenneth M. Doros

Fordham Urban Law Journal

This Note focuses on two areas of uncertainty: the authority to stop and frisk fleeing suspects and the appropriate grounds to stop and frisk a suspect based on an anonymous tip. Four years ago, the ambiguities of a controversial New York Court of Appeals decision threw the lower courts into disarray as the standard of suspicion necessary to justify a police officer's pursuit of a fleeing suspect. This Note attempts to clarify those ambiguities and suggests a more reasonable approach for adoption by the court of appeals. This Note also explores the extent to which an anonymous tip can serve …

Connecticut V. Johnson: Can Sandstrom Error Ever Be Harmless?, Charles A. Dorff Jr.

Loyola University Chicago Law Journal

No abstract provided.

Intervening Convictions As Support For Enhanced Sentences Following Appeal And Retrial

Washington and Lee Law Review

No abstract provided.

A Conceptual Framework For Extradition And Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

Scholarly Works

International law is the language by which nations assert and attempt to resolve competing legal interests. As with any other language, if the definitions of essential concepts become muddled, it is difficult to communicate. The traditional bases of jurisdiction over extraterritorial crime are essential concepts in the language of international law. The decision to grant or deny extradition, for example, often depends on whether the interested nation recognizes the basis of jurisdiction asserted by another. Confusion over the traditional bases of jurisdiction therefore risks disagreement over and denial of extradition.

United States courts have recently expanded the traditional bases of …

Virginia's Capital Murder Sentencing Proceeding: A Defense Perspective, Alan W. Clarke

University of Richmond Law Review

Capital murder trials present a unique challenge to defense counsel. Many capital defendants are demonstrably guilty of heinous crimes, and a single-minded defense concentrating solely on acquittal in the face of overwhelming evidence of guilt will often alienate the jury. The lawyer who focuses entirely on the guilt stage without attending to the sentencing stage may be consigning his client to the electric chair. This article deals with the sentencing phase of a capital murder trial, where life imprisonment, the jury's only alternative to the death penalty, represents a victory for the defense.

Interests And Politics In Sentencing Reform: The Development Of Sentencing Guidelines In Minnesota And Pennsylvania, Susan E. Martin

Villanova Law Review

No abstract provided.

Beyond 1984: Undercover In America–Serpico To Abscam, Robert Blecker

Articles & Chapters

No abstract provided.

The Perplexing Borders Of Justification And Excuse, Kent Greenawalt

Faculty Scholarship

This Article's central theme is that Anglo-American criminal law should not attempt to distinguish between justification and excuse in a fully systematic way. I explore three possible bases for drawing the distinction: (1) a distinction between warranted and wrongful conduct; (2) a division between general and individual claims; and (3) a distinction based on the rights of others. I show why none of these bases yields a clear and simple criterion for categorization. The difficulty rests largely on the conceptual fuzziness of the terms ''justification" and "excuse" in ordinary usage and on the uneasy quality of many of the moral …

Some Unwise Reflections About Discretion, George P. Fletcher

Faculty Scholarship

In listening to discussions about discretion in the criminal process, one has the sense of sharply cut distinctions slipping toward a black hole in our language. All decisions by police, prosecutors, judges and jury are routinely called discretionary. This usage pervades respectable, basically sound papers. In a recent article in the Yale Law Journal, Goldstein and Marcus seek to demonstrate that discretion pervades the decisions of French, German and Italian prosecutors. They write: "Claims that prosecutorial discretion has been eliminated, or is supervised closely, are exaggerated. Discretion is exercised in each of the systems [French, German and Italian] for …

Garland V. Herrin: Surviving Parents' Remedies For A Child's Wrongful Death - The Pecuniary-Loss Rule And Reckless Infliction Of Emotional Distress, Kathleen Keogh Miller

Cleveland State Law Review

The parents of Bonnie Garland are only two of the innumerable third-party victims who have suffered from the wrongful death of a child. Because the "emotional distress" suffered by the Garlands was comprised of so many elements, the wrongful death of their child provides a framework for analyzing all the harms engendered within the term "emotional distress" and the availability of civil remedies for each of those "separable" harms. The tragedy of the Garlands will be used as a vehicle to assess the success of legislatures and courts in enacting and interpreting wrongful death statutes. The important question becomes whether …

Criminal Coercion And Freedom Of Speech, Kent Greenawalt

Faculty Scholarship

This essay about constitutional limits on criminal coercion concerns a piece of a larger puzzle; how freedom of expression impinges on crimes that involve communication. The essay has two interrelated purposes. One is to reach some rather specific conclusions about the kinds of coercive threats that enjoy constitutional protection and to suggest how legislative formulations of criminal coercion can minimize coverage of such threats. The second purpose, more general and theoretical, is to show how the boundaries of freedom of expression can be understood and how courts can employ those boundaries to arrive at specific tests of constitutional protection. The …

Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.