Law Commons^™

Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson

Steven L. Chanenson

No abstract provided.

Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.

Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.

Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey

Michelle Madden Dempsey

This article examines domestic violence criminal prosecutions and addresses what effective prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that effective prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus

Why Sexual Prenetration Requires Justification, Michelle Dempsey, Jonathan Herring

Michelle Madden Dempsey

This article defends the claim that sexual penetration is a prima facie wrong: it requires justification. We defend this claim by reference to considerations relating the use of physical force required to achieve sexual penetration, the occurrence and risk of harm posed by sexual penetration, and the negative social meaning of sexual penetration in patriarchal societies. The step we take in this article is a preliminary part of a larger project. We are not here directly concerned with questions of criminalisation; we aim simply to map the moral landscape of sexual penetration.

Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston

James B Johnston

Prosecutors have complained that jurors who think they are educated in crime scene investigations by watching T.V. have made it difficult to prove cases even when the charge is white collar in nature because they expect the forensics the see on the show "CSI". In regard to government fraud cases, the prosecutor simply must get the jury to follow the fraud linked money. This article notes that those in law enforcement must give the jury what they want to get them to follow the money especially when the case concerns government fraud and corruption.

Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver

Wesley M Oliver

The New York legislature in the early-nineteenth century began to require interrogators to warn suspects of their right to silence and counsel. The Warren Court, in Miranda v. Arizona, did not invent the language of the warnings; rather, it resurrected the warnings that were no longer given in New York after the latter half of the nineteenth century. The confessions rule, a judicially created rule of evidence much like the modern voluntariness rule, excluded many statements if any threat or inducement was made to the suspect. Courts in the early-nineteenth century, however, were willing to accept confessions notwithstanding an improper …

Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero

Prof. Boaz Sangero

It is seemingly possible to think that the new Israeli Combating Criminal Organizations Law, 2003 is a desirable statute. After all – how many struggles are more justified than the fight against organized crime? This Article will demonstrate that, in view of the extensive and comprehensive legislation already existing in Israel prior to the enactment of the new law, there was no need at all for an additional statute. Furthermore, it will show that the excessively broad definition given to the term “criminal organization” is liable to dominate Israeli criminal law and make the already draconian penal code – which …

Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power

Robert C Power

Economics Of Plea Bargaining, Richard Adelstein

Richard Adelstein

A short summary of earlier work for a sociological audience.