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Articles 211 - 240 of 244
Full-Text Articles in Law
Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee
Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Although medical examinations and samples taken from suspects' bodies in the course of police inquiries often lead to the discovery of important evidence, Singapore criminal procedure does not appear to empower the police to carry out such medical investigations. Neither does it safeguard the interests of suspects. It is submitted that the Criminal Procedure Code and other statutes should be brought up to date with modern science.
'Just Take Away Their Guns': The Hidden Racism Of Terry V. Ohio, Adina Schwartz
'Just Take Away Their Guns': The Hidden Racism Of Terry V. Ohio, Adina Schwartz
Fordham Urban Law Journal
This Article argues that in formulating standards for stops and frisks, courts, police department and other policy makers should consider: whether and to what extent blacks are more frequently stopped and frisked than whites, whether and to what extent this disparity reflects police racial bias, and the nature and extent of the results negative effects. The Article provides an overview of the decision in US v. Terry and its impact on subsequent case law. It focuses on Terry's ambivalent position on race relations, and posits that its empirical contention about the law's inevitable inefficacy against racist abuse of the stop …
Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe
Liberta Revisited: A Call To Repeal The Marital Examption For All Sex Offenses In New York's Penal Law, Cassandra M. Delamothe
Fordham Urban Law Journal
This Note argues that to fully protect victims of spousal sexual assault, the New York Legislature should codify the Liberta decision and repeal the marital exemption for all sex offenses. It outlines the history of the marital rape exemption and its evolution in New York. It discusses the Liberta decision and the barriers to effective prosecution of marital rape, such as the legal standard for "force," prosecutorial discretion in charging husbands, and gender bias in the courts. It gives policy arguments for a statutory amendment and offers a proposed statute to replace the current sex offenses section of the Penal …
Multiple Petty Offenses With Serious Penalties: A Case For The Right To Trial By Jury, Christine E. Pardo
Multiple Petty Offenses With Serious Penalties: A Case For The Right To Trial By Jury, Christine E. Pardo
Fordham Urban Law Journal
This Note outlines the history and development of the petty offense exception and the Supreme Court's jury trial entitlement jurisprudence. In particular, it discusses the fundamental principle of gauging criminal seriousness by the length of a penalty as authorized by statute. This Note sets out the Circuit split and explains why the courts are divided on the aggregation issue. It argues that courts must aggregate maximum penalties for multiple petty offenses charged together to accurately reflect legislative determinations of criminal seriousness. It also criticizes the use of pre-trial sentencing stipulations to circumvent trial by jury when it would otherwise be …
Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez
Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez
Fordham Urban Law Journal
This Note argues that revocation of a driver's license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state's interest in protecting the …
Square Pegs And Round Holes: Does Sentencing For Environmental Crimes Fit Within The Guidelines?, Lucia A. Silecchia, Michael J. Malinowski
Square Pegs And Round Holes: Does Sentencing For Environmental Crimes Fit Within The Guidelines?, Lucia A. Silecchia, Michael J. Malinowski
Scholarly Articles
This article presents an overview of the Proposed Guidelines and assesses their potential to improve both the existing sentencing scheme and, more importantly, the environmental behavior of corporate citizens. This analysis concludes that, while the Proposed Guidelines improve current haphazard sentencing practices, it is difficult to predict their efficacy in furthering environmental policy. The fundamental problem is that traditional criminal sanctions are not easily applied to non-traditional offenders committing non-traditional offenses. Rather than expressing optimism about the Proposed Guidelines, this paper suggests that the behavior of corporations could be modified more efficiently through non-criminal incentives coupled with increased criminal prosecution …
Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager
Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager
Faculty Scholarship
This essay is about the grammatical and, to a lesser extent, moral aspects of the law of complicity, which treats someone who helps someone else commit a crime as though the helper himself committed the crime. The point I hope to make here is similar to the one Professor Phillip Johnson made about what he called "the unnecessary crime of conspiracy."
Public Disclosure Of "America's Secret Shame:" Child Sex Offender Community Notification In Illinois, Jessica R. Ball
Public Disclosure Of "America's Secret Shame:" Child Sex Offender Community Notification In Illinois, Jessica R. Ball
Loyola University Chicago Law Journal
No abstract provided.
Fighting Fire With Fire: "Reverse Bad Faith" In First-Party Litigation Involving Arson And Insurance Fraud, Cathryn M. Little
Fighting Fire With Fire: "Reverse Bad Faith" In First-Party Litigation Involving Arson And Insurance Fraud, Cathryn M. Little
Campbell Law Review
No abstract provided.
The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein
The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
All Faculty Scholarship
The communist Chinese have distinct criminal and civil systems, as do the democratic Swiss, and the monarchist Saudis.1 The criminal-civil distinction also is a basic organizing device for Islamic Pakistan, Catholic Ireland, Hindu India, and the atheistic former Soviet Union, industrialized Germany, rural Papua New Guinea, the tribal Bedouins, wealthy Singapore, impoverished Somalia, developing Thailand, newly organized Ukraine, and the ancient Romans. Apparently every society sufficiently developed to have a formal legal system usesthe criminal-civil distinction as an organizing principle. Why? Why has every society felt it necessary to create a system to impose criminal liability distinct from civil liability?
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
All Faculty Scholarship
A traditional criminal code performs several functions. It announces the law's commands to those whose conduct it seeks to influence. It also defines the rules to be used in deciding whether a breach of the law's commands will result in criminal liability and, if so, the grade or degree of liability. In serving the first function, the code addresses all members of the public. In performing the second function, it addresses lawyers, judges, jurors, and others who play a role in the adjudication process. In part because of these different audiences, the two functions call for different kinds of documents. …
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Brain And Blame, Stephen J. Morse
The Myth Of Morality And Fault In Criminal Law Doctrine, John L. Diamond
The Myth Of Morality And Fault In Criminal Law Doctrine, John L. Diamond
Faculty Scholarship
No abstract provided.
The Intertwined Problems Of Immigration And Sentencing, Aaron J. Rappaport, Nora Demleitner, Daniel J. Freed
The Intertwined Problems Of Immigration And Sentencing, Aaron J. Rappaport, Nora Demleitner, Daniel J. Freed
Faculty Scholarship
No abstract provided.
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'
The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff
The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Domination In The Theory Of Justification And Excuse, George P. Fletcher
Domination In The Theory Of Justification And Excuse, George P. Fletcher
Faculty Scholarship
The major currents driving legal theory have largely bypassed the field of criminal law. Neither the economists nor the advocates of critical legal studies ("crits") have had much to say about the theory of criminal responsibility or the proper mode of trying suspects. The economists have fallen flat in applying their rationalist models to the problems of punishing wrongdoers. The "crits" have had little to add-beyond Mark Kelman's one original and provocative article.
Of all the schools on the march in the law schools today, the feminists have had the most to say about the failings of the criminal law. …
Domination In Wrongdoing, George P. Fletcher
Domination In Wrongdoing, George P. Fletcher
Faculty Scholarship
Blackstone had a point in identifying crimes as public wrongs and torts as private wrongs. Both crimes and torts claim victims, however, the victims' responses vary according to context. In criminal cases, the victim responds by hoping that the government will apprehend and successfully prosecute the offender. In tort disputes, the victim responds by demanding compensation.
It is unclear, however, what constitutes wrongdoing. Defining wrongdoing as the violation of rights is unhelpful, for that definition only raises other questions: Who has rights and what is their content? Therefore, to understand the nature of wrongdoing, we should seek a substantive theory …
Bargaining About Future Jeopardy, Daniel Richman
Bargaining About Future Jeopardy, Daniel Richman
Faculty Scholarship
The debate about how much protection criminal defendants should have against successive prosecutions has generally been conducted in the context of how to interpret the Double Jeopardy Clause. The doctrinal focus of this debate ignores the fact that for the huge majority of defendants – those who plead guilty instead of standing trial – the Double Jeopardy Clause simply sets a default rule, establishing a minimum level of protection when defendants choose not to bargain about the possibility of future charges. In this Article, Professor Richman examines the world that exists in the shadow of minimalist double jeopardy doctrine, exploring …
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Faculty Scholarship
Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.
Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …
Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim
Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim
Faculty Scholarship
Since 1970, legislatures have increasingly relied on preventive detention – detention before trial ordered solely to prevent an accused from committing crime during the pretrial period – as an instrument of social control. Prior to this period, detention before trial was usually ordered only to assure an accused's presence at trial or to ensure the integrity of the trial process by preventing an accused from tampering with witnesses. Today, the majority of states and the federal system have changed their laws to allow judges to detain arrestees who pose a risk to society if released during the pretrial period. Half …
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
Faculty Articles
No abstract provided.
The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan
The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan
Faculty Scholarship
In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …
Whose Justice? Which Victims?, Lynne N. Henderson
Whose Justice? Which Victims?, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan