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Selected Works

Selected Works

Criminal Law and Procedure

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Articles 331 - 348 of 348

Full-Text Articles in Law

The Recovery Of Criminal Proceeds Generated In One Nation And Found In Another, Stefan D. Cassella Jan 2002

The Recovery Of Criminal Proceeds Generated In One Nation And Found In Another, Stefan D. Cassella

Stefan D Cassella

This article discusses the difficulties governments face in dealing with criminals who move the proceeds of crime across political boundaries. It discusses several common international money laundering processes, such as the black market peso exchange, and then outlines in some detail the issues that arise when one country attempts to gain the assistance of another in recovering the criminal proceeds under the asset forfeiture laws.


Money Laundering Has Gone Global, Stefan D. Cassella Dec 2001

Money Laundering Has Gone Global, Stefan D. Cassella

Stefan D Cassella

The article, written in layman's terms, lists the enhancements that Congress needs to make to the money laundering laws to keep pace with the globalization of crime.


Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein Dec 2000

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.


Gang Loitering And Race, Lawrence Rosenthal Dec 1999

Gang Loitering And Race, Lawrence Rosenthal

Lawrence Rosenthal

The decision of the United States Supreme Court in City of Chicago v. Morales, which invalidating Chicago's gang-loitering ordinance, provides a road map for future public order laws that can address inner-city crime. This article makes the argument for public order laws as an anti-gang initiative that stops short of an approach dependent on massive incarceration, and defends such laws against an attack on grounds of racial fairness. Relying on the work of leading urban sociologists, the article argues that gang crime powerfully attracts inner city (and disproportionately minority) youth, and that any strategy for crime reduction in the inner …


Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella Dec 1999

Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella

Stefan D Cassella

The article, written shortly after the Supreme Court decided Apprendi v. New Jersey, sets forth the arguments why the decision will not require the imposition of the reasonable doubt standard in criminal forfeiture cases, nor require that forfeiture matters be tried to a jury.


Victims As Cost Bearers, Richard Adelstein Dec 1998

Victims As Cost Bearers, Richard Adelstein

Richard Adelstein

A brief recasting of the price exaction model.


Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power Dec 1998

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power

Robert C Power

No abstract provided.


Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel Dec 1998

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.


Four Entries, Richard Adelstein Dec 1997

Four Entries, Richard Adelstein

Richard Adelstein

Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"


Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella Oct 1996

Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella

Stefan D Cassella

This article discusses the statutory procedures and the case law regarding the adjudication of the rights of third parties in property that a defendant has been ordered to forfeit in a criminal case. In particular, it discusses the ancillary proceeding governed by 21 U.S.C. 853(n) in detail. The case law references are now outdated and have been superceded by the discussion in Chapter 24 of the author's treatise, Asset Forfeiture Law in the United States. Nevertheless the article provides a good introduction to the topic.


Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein Feb 1995

Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein

David S Rudstein

No abstract provided.


Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe Dec 1993

Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe

John M Greabe

Part I of this Article summarizes the history of harmless-error review. Part II explains more fully the constitutional infirmities generated by conclusive mandatory presumptions and elemental misdescriptions, and demonstrates that the unique nature of these infirmities complicates the question of how courts should review them for harmlessness. It also examines the Supreme Court's attempts to answer the questions of whether, and how, conclusive mandatory presumptions and elemental misdescriptions should be reviewed for harmlessness. In so doing, it focuses particularly on how these attempts have been undermined by the Court's failure to take account of the structural rights undermined by these …


The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein Dec 1980

The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein

Richard Adelstein

A comparative view of adjudication by guilty plea in the US and the UK.


Institutional Function And Evolution In The Criminal Process, Richard Adelstein Dec 1980

Institutional Function And Evolution In The Criminal Process, Richard Adelstein

Richard Adelstein

An extended development of the foundations of the price exaction model of the criminal process.


The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein Dec 1978

The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein

Richard Adelstein

More on price exaction, and punishments as conveyors of cost information in the criminal process.


Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein Dec 1978

Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein

Richard Adelstein

A further development of the price exaction model and an application to the problem of sentencing standards.


The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1977

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

An early exposition of the price exaction framework and the place of plea bargaining in it.


The Plea Bargain In Theory Dec 1977

The Plea Bargain In Theory

Richard Adelstein

A formal dynamic model of plea bargains.