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Articles 1 - 13 of 13

Full-Text Articles in Law

Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes Feb 2013

Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes

Pepperdine Law Review

Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement ...


The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson Feb 2013

The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson

Pepperdine Law Review

The failure of the present criminal justice system to provide meaningful participation for victims of crime has launched crime victim reform measures to the forefront of the legislative agenda. This article explores current reform measures and proposes new programs to increase the quantity of victims' rights and enhance the quality of victim involvement.


The Offender And The Victim, Edward Tromanhauser Nov 2012

The Offender And The Victim, Edward Tromanhauser

Pepperdine Law Review

No abstract provided.


Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter Nov 2012

Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter

Pepperdine Law Review

No abstract provided.


Emerging Issues In Victim Assistance, Marlene A. Young Nov 2012

Emerging Issues In Victim Assistance, Marlene A. Young

Pepperdine Law Review

No abstract provided.


Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland Nov 2012

Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland

Pepperdine Law Review

No abstract provided.


Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson Nov 2012

Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson

Pepperdine Law Review

No abstract provided.


The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry Nov 2012

The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry

Pepperdine Law Review

No abstract provided.


Introduction, Ronald F. Phillips Nov 2012

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.


Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom Nov 2011

Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom

Daniel Kanstroom

The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which ...


Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn Oct 2010

Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn

University of Michigan Journal of Law Reform

Despite significant efforts to uncover and prevent wrongful convictions, little attention has been paid to the compensation of wrongfully convicted individuals once they are released from prison. State compensation statutes offer the best path to redress because they do not require the claimant to prove that the state was at fault for the wrongful conviction and because they are not susceptible to the same political influences as other methods of compensation. However, even under compensation statutes, too many meritorious claims are dismissed, settled for far too little, or never brought in the first place. After examining the current statutory framework ...


Improving Accuracy In Criminal Cases, Erik Lillquist May 2007

Improving Accuracy In Criminal Cases, Erik Lillquist

University of Richmond Law Review

No abstract provided.


Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom Jan 2004

Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom

Boston College Law School Faculty Papers

The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which ...