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Willfulness And Ignorance In Federal Criminal Law, Michael E. Tigar
Willfulness And Ignorance In Federal Criminal Law, Michael E. Tigar
Cleveland State Law Review
In confronting the system of federal crimes, no word has sown more confusion than "willfully." While the term appears in literally dozens of offenses in Titles 18 and 26 of the United States Code, its meaning may vary considerably. Moreover, willfulness may be added to a statutory offense definition by judicial decision or to the indictments' allegations by prosecutorial practice. However, the absence of a unitary judicial and legislative definition of willfulness is not a reason for throwing over well-established rules about criminal intent. Precision and differentiation, and not any single categorical imperative, are the goals. All the slogans deployed …
The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell
The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell
Cleveland State Law Review
The cherished concept of the presumption of innocence and the need for adjudication before sentence has eroded over the years. Taking its place is a growing belief that the safety of society depends on massive deprivation of liberty and property without predetermination of guilt. The notion of innocence has now become an inconvenient technicality as opposed to a valued principle. This article will examine the origin, history, and decline of the presumption of innocence in three contexts: (1) pretrial detention, (2) property forfeiture, and (3) trial stage -courtroom settings and jury instructions.