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Full-Text Articles in Law

The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos Oct 2015

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.


State V. Stone: Problems And Case File, James Seckinger Jun 2015

State V. Stone: Problems And Case File, James Seckinger

James H. Seckinger

No abstract provided.


Criminal Trial Advocacy, J. Smithburn Jun 2015

Criminal Trial Advocacy, J. Smithburn

J. Eric Smithburn

No abstract provided.


Criminal Trial Advocacy, James Seckinger Jun 2015

Criminal Trial Advocacy, James Seckinger

James H. Seckinger

No abstract provided.


Problems And Cases In Criminal Trial Advocacy, James Seckinger, Donald Beskind Jun 2015

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. Jun 2015

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

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 Jun 2015

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 Jun 2015

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. 2nd Edition., Jimmy Gurule Jun 2015

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

Jimmy Gurule

No abstract provided.


United States V. William Lloyd, Jimmy Gurule Apr 2015

United States V. William Lloyd, Jimmy Gurule

Jimmy Gurule

No abstract provided.


"I Object" Is Not Enough: Tips For Criminal Defense Attorneys On Avoiding Procedural Default, John Blume, Emily Paavola Dec 2014

"I Object" Is Not Enough: Tips For Criminal Defense Attorneys On Avoiding Procedural Default, John Blume, Emily Paavola

John H. Blume

No abstract provided.


Guilty Pleas, Jury Trial, And Capital Punishment, P. Lamonica May 2014

Guilty Pleas, Jury Trial, And Capital Punishment, P. Lamonica

P. Raymond Lamonica

No abstract provided.


New York Law Of Domestic Violence, Deseriee Kennedy Dec 2012

New York Law Of Domestic Violence, Deseriee Kennedy

Deseriee A. Kennedy

NEW YORK LAW OF DOMESTIC VIOLENCE, 3rd ed., is a comprehensive 2-volume, 7-chapter, hardbound treatise published by West (Thomson-Reuters). The treatise is the seminal authority on domestic violence in New York State covering New York State laws and relevant U.S. Supreme Court cases. The authors of the book are Professor Breger (Albany Law School, Albany, NY), Professor Kennedy (Touro School of Law, Central Islip, NY), Jill M. Zuccardy, Esq. (New York City), and now retired Judge Lee Hand Elkins (formerly Brooklyn Family Court). The treatise and its authors have been cited as authority repeatedly by trial and appellate courts, as …


The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis May 2011

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis

Peter L. Davis

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …


Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy Dec 2010

Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy

R. Michael Cassidy

In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar Association recently …


The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig Dec 2009

The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig

Richard A. Leo

In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal-procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar passionately …


Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey Dec 2006

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