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Law

Fordham Law Review

Criminal law

2016

Articles 1 - 3 of 3

Full-Text Articles in Law

Accidental Vitiation: The Natural And Probable Consequence Of Rosemond V. United States On The Natural And Probable Consequence Doctrine, Evan Goldstick Dec 2016

Accidental Vitiation: The Natural And Probable Consequence Of Rosemond V. United States On The Natural And Probable Consequence Doctrine, Evan Goldstick

Fordham Law Review

Recently, the Court decided Rosemond v. United States. In Rosemond, the Court had to determine the requisite mental state for aiding and abetting a particular federal crime. While the Court had the opportunity to weigh in on the natural and probable consequence doctrine in Rosemond, it declined to do so in footnote 7. This Note reviews the natural and probable consequence doctrine, its reception by courts and commentators, and the Court’s holding in Rosemond. This Note then applies the holding of Rosemond to several federal cases that employed the doctrine to determine whether, despite footnote 7, …


Read This Note Or Else!: Conviction Under 18 U.S.C. § 875(C) For Recklessly Making A Threat, Maria A. Brusco May 2016

Read This Note Or Else!: Conviction Under 18 U.S.C. § 875(C) For Recklessly Making A Threat, Maria A. Brusco

Fordham Law Review

What does it mean to make a threat, and under what circumstances can a speaker be convicted for making one? This Note examines these questions in light of Elonis v. United States, a Supreme Court case decided in June 2015. There, the Court held that when a speaker subjectively intends a statement be taken as a threat or knows that it will be taken as a threat, she may be convicted under 18 U.S.C. § 875(c). The Court did not decide whether a speaker who recklessly makes a threat may be convicted under the statute. This Note argues that …


Guns And Drugs, Benjamin Levin Apr 2016

Guns And Drugs, Benjamin Levin

Fordham Law Review

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …