Law Commons^™

Form And Function In The Chinese Criminal Process, Stanley Lubman

Stanley Lubman

Thesis (LL.D.)--Columbia university.

Quasi-Affirmative Rights In Constitutional Criminal Procedure, David Sklansky

David A Sklansky

No abstract provided.

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody

Susan L. Brody

No abstract provided.

Examples & Explanations: Criminal Procedure: The Constitution And The Police, Eighth Edition, Robert Bloom

Robert M. Bloom

The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos

Jamie Cameron

When the Charter of Rights and Freedoms turned twenty-five in 2007, Professors Jamie Cameron and James Stribopoulos organized a conference which brought together leading thinkers on the Charterand criminal justice. A strong faculty of academics, judges and practitioners debated and discussed the Charter's impact on criminal justice. The papers from this conference, which have now been edited by Professors Cameron and Stribopoulos, provide a fascinating look at how the Charter has transformed the Canadian criminal justice system.

Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos

Benjamin L Berger

Building on Martin Friedland's acclaimed and innovative course materials, this new edition of Criminal Law and Procedure provides a valuable teaching tool for introductory courses on criminal law and criminal justice. Students are provided with an overview of the entire criminal process, from police investigation to sentencing.

Blood Sugar Sex Magik: A Review Of Postconviction Dna Testing Statutes And Legislative Recommendations, Justin Brooks, Alexander Simpson

Justin P Brooks

Forty-eight states, the District of Columbia, and the federal government have adopted some form of postconviction DNA testing law. Some significant challenges arise when these laws are applied to cases like Richards, which do not involve rape kits but rather require a broader view of how DNA testing can prove innocence. Furthermore, the laws are not uniform, and in the politically charged atmosphere of criminal lawmaking, some of the laws are poorly thought out. This Article reviews these postconviction statutes from the perspective of practitioners who litigate these cases, while also exploring the major questions that ought to be addressed …

Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks

Justin P Brooks

No abstract provided.

The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn

Amy R. Mashburn

This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the …

Is Capital Punishment Immoral Even If It Does Deter Murder?

Thomas Kleven

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …

The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven Shiffrin

Steven H. Shiffrin

There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided the …

Civil Rights In Crisis: The Racial Impact Of The Denial Of The Sixth Amendment Right To Counsel, Richard Klein

Richard Daniel Klein

Whereas in 2013 there had been widespread celebration of the fiftieth anniversary of the landmark Supreme Court decision in Gideon v. Wainwright, much has been written in subsequent years about the unhappy state of the quality of counsel provided to indigents. But it is not just defense counsel who fail to comply with all that we hope and expect would be done by those who are part of our criminal courts; prosecutorial misconduct, if not actually increasing, is becoming more visible. The judiciary chooses to focus on the rapid processing of cases, often ignoring the rights of those being prosecuted …

Criminal Trial Advocacy, J. Smithburn

J. Eric Smithburn

No abstract provided.

Criminal Trial Advocacy, James Seckinger

James H. Seckinger

No abstract provided.

Problems And Cases In Criminal Trial Advocacy, James Seckinger, Donald Beskind

James H. Seckinger

No abstract provided.

United States V. Peters Case File, James Seckinger, Kenneth Broun.

James H. Seckinger

No abstract provided.

Williamson V. Shrackle: Case File, James Seckinger, Mooly O'Brien, Kenneth Broun, Steven Friedman, Kevin Prins

James H. Seckinger

No abstract provided.

International Criminal Law: Cases And Materials, Jimmy Gurule, Jordan Paust, Bruce Zagaris, Leila Sadat, Michael Scharf, M. Cherif Bassiouni

Jimmy Gurule

The fourth edition has been significantly updated, especially to reflect case trends in the International Criminal Court and the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity). Some of the chapters have new sub-subtitles and relevant domestic cases have been added or noted in various chapters. There are also additions to the Documents Supplement.

Complex Criminal Litigation: Prosecuting Drg Enterprises And Organized Crime. 3rd Edition., Jimmy Gurule

Jimmy Gurule

Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an …

Complex Criminal Litigation: Prosecuting Drug Enterprises And Organized Crime. 1st Edition., Jimmy Gurule

Jimmy Gurule

No abstract provided.

Complex Criminal Litigation: Prosecuting Drug Enterprises And Organized Crime. 2nd Edition., Jimmy Gurule

Jimmy Gurule

No abstract provided.

The California Public Defender: Its Origins, Evolution And Decline, Laurence Benner

Laurence A. Benner

No abstract provided.

United States V. William Lloyd, Jimmy Gurule

Jimmy Gurule

No abstract provided.

Criminal And Forensic Evidence: Cases, Materials, Problems, Jimmy Gurule, Robert Goodwin

Jimmy Gurule

This unique casebook adopts a modern, comprehensive approach to the study of evidence issues that arise in the context of criminal trial litigation. It covers evidentiary issues associated with the admission of forensic evidence, including expert testimony, as well as traditional evidence issues, such as evidence of prior bad acts offered for purposes other than to prove propensity, and evidence of a rape victim's prior sexual behavior. The materials are presented in two parts that allow for a Criminal Evidence course focused solely on forensic science, solely on traditional criminal evidentiary issues, or a combination of both topics. The Third …

Blind Justice, Andrea Lyon

Andrea D. Lyon

No abstract provided.

Perspective Is Everything, Andrea Lyon

Andrea D. Lyon

No abstract provided.

Undue Burden, Andrea Lyon

Andrea D. Lyon

No abstract provided.

Dying To Win, Andrea Lyon

Andrea D. Lyon

No abstract provided.

The Perilous Psychology Of Public Defending, Scott Howe

Scott W. Howe

This article examining the ethical challenges confronting most public defender attorneys is framed as a fictional talk presented by P.D. Atty, a former public defender attorney, at a small conference of new public defender attorneys. The presentation asserts that public defenders typically face psychological obstacles to providing zealous advocacy for all of their clients and that an essential aspect of the remedy starts with recognition of these psychological barriers. The author contends that these challenges relate to a typically unacknowledged aversion to representing certain kinds of criminal defendants. Contrary to common supposition, the strongest aversion is not to representation of …