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Selected Works

Criminal Law

2002

Articles 1 - 28 of 28

Full-Text Articles in Law

Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom Oct 2013

Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom

Robert Bloom

No abstract provided.

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Ratting: The Use And Abuse Of Informants In The American Justice System, Robert Bloom Oct 2013

Ratting: The Use And Abuse Of Informants In The American Justice System, Robert Bloom

Robert Bloom

No abstract provided.

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Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom Oct 2013

Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom

Robert Bloom

No abstract provided.

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Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan Nov 2002

Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan

Lucian E Dervan

Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.

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International Justice, James George Nov 2002

International Justice, James George

James P. George

No abstract provided.

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7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon Oct 2002

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon

Thomas D. Lyon

State v. Sloan (1995 [Mo. Ct. App.]) was a criminal case of child sexual abuse. AD., the 6-year-old alleged victim, was dropped off on Friday by her mother at her grandmother's house, where the child's aunt Evelyn and the defendant also resided. Two days later, on Sunday, the child's aunt Anita phoned the child's mother and told her that something was wrong. AD. then told her mother that the defendant had sexually assaulted her the day before. The mother called the child abuse hot line. On Thursday, 5 days after the alleged abuse, a social worker and a police detective …

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6. Child Witnesses And The Oath., Thomas D. Lyon Aug 2002

6. Child Witnesses And The Oath., Thomas D. Lyon

Thomas D. Lyon

Despite the liberalization of competency requirements for child witnesses in many countries (Spencer & Flin, 1993; Youth Justice and Criminal Evidence Act, 1999, s. 53 [Engl.]), a substantial number of courts in the United States and other countries require that every witness take the oath or make some sort of affirmation that s/he will tell the truth (Federal Rules of Evidence 602,2001;Shrimpton, Oates, & Hayes, 1996).In order to guarantee that an oath or affirmation is understood by child witnesses, courts routinely inquire into children's understanding of the difference between the truth and lies and their obligation to tell the truth …

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5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon May 2002

5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon

Thomas D. Lyon

Roland Summit's article on child sexual abuse accommodation (CSAA)(Summit, 1983) describes sexually abused children's secrecy, helplessness, entrapment, delayed disclosure, and retraction. The paper is both admired and maligned. On the one hand, it has been hailed as one of the most influential papers ever written on child abuse (Oates & Donnelly, 1997). On the other hand, testimony on accommodation is often dismissed as dangerous pseudoscience" by both commentators and the courts (Summit, 1992).

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A Profile Of The District Attorney’S Office, East Baton Rouge, La, Beau James Brock Feb 2002

A Profile Of The District Attorney’S Office, East Baton Rouge, La, Beau James Brock

Beau James Brock

No other case taps the financial, logistical and human resources of the district attorney’s office like a capital one. In East Baton Rouge, families who are subjected to crimes such as these expect and deserve the fullest attention and the expenditure of responsible resources available within the district attorney’s office.

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The Current State Of Environmental Criminal Enforcement In Louisiana, An Insider’S View, Beau James Brock Feb 2002

The Current State Of Environmental Criminal Enforcement In Louisiana, An Insider’S View, Beau James Brock

Beau James Brock

The costs of committing environmental crimes are going up in Louisiana as increased enforcement by EPA-CID has been initiated with other federal and state partners.

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4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon Jan 2002

4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon

Thomas D. Lyon

What do we know about children's abilities to provide eyewitness testimony? Until recently, scientific data wee surprisingly sparse.  However, beginning in the mid-1980s, the study of child victims/witnesses grew at an astounding rate; now it is a worldwide endeavor. When Melton (1981) published one of the first modern reviews of psychological research on children's testimony, only one contemporary empirical study directly dressing children's eyewitness memory was cited. Today, entire books and journal issues are devoted to research on this topic (e.g., Ceci & Bruck, 1995; Dent & Flin, 1992; Goodman, 1984; Goodman & Bottoms, 1993; Perry & Wrightsman, 1991; Poole …

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Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller Dec 2001

Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller

Russell A. Miller

No abstract provided.

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Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom Dec 2001

Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom

Robert M. Bloom

No abstract provided.

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Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom Dec 2001

Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom

Robert M. Bloom

No abstract provided.

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“The Relevance Of Prior Record In The Criminal Law: A Response To The Theory Of Professor Von Hirsch”, Darcy Macpherson Dec 2001

“The Relevance Of Prior Record In The Criminal Law: A Response To The Theory Of Professor Von Hirsch”, Darcy Macpherson

Darcy L MacPherson

No abstract provided.

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Capital Punishment In The Age Of Terrorism, David Bruck Dec 2001

Capital Punishment In The Age Of Terrorism, David Bruck

David I. Bruck

No abstract provided.

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Equity And Efficiency In Markets For Ideas, Richard Adelstein Dec 2001

Equity And Efficiency In Markets For Ideas, Richard Adelstein

Richard Adelstein

Intellectual property and patent protection in light of the AIDS crisis in Africa.

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Publicity In Criminal Cases, Scott Howe Dec 2001

Publicity In Criminal Cases, Scott Howe

Scott W. Howe

No abstract provided.

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European Criminal Law, Mareike Persson Dec 2001

European Criminal Law, Mareike Persson

Mareike Persson

There is little doubt that Europeanization is making headway now in the field of criminal justice. Some provisions of the Union Treaty (like Art.29, 31, 34 TEU) are at least an indication of the forces which are likely to shape future developments. There exist different possible lines of development: more intensive co-operation, assimilation and harmonisation, for example in the form of a model penal code or in form of the proposed Corpus Juris. They all have their weaknesses.

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American Legal Education, Robert Bloom Dec 2001

American Legal Education, Robert Bloom

Robert M. Bloom

No abstract provided.

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Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo Dec 2001

Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo

Richard A. Leo

This chapter explores whether a Miranda-like warning and waiver regime could be successfully implemented in Japan. The chapter reviews the social science and legal scholarship on Miranda's impact on American interrogation practices and suspect behavior, concluding that most American suspects continue to waive their rights and law enforcement personnel continue to obtain a high number of confessions and convictions. Next, the chapter discusses the contemporary law and practice of interrogation in Japan. In Japan, interrogation appears to be routinely psychologically coercive and virtually all defendants make either partial admissions or full confessions to alleged offenses. Confessions are regarded as superior …

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Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner Dec 2001

Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee Dec 2001

Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee

Randy Lee

No abstract provided.

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3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon Dec 2001

3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon

Thomas D. Lyon

When children are asked to describe what they have seen, heard, or experienced,they bring their limitations along with their capabilities to the task. Adults who rely on children's answers must come to grips with theimperfections and inadequacies, as well as the merits and utility, of children'sreports. Some research findings appear to condemn children's re...ports, others champion their competencies. One way to understand thisinconsistency is to align the studies along a continuum.

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5. Support Persons And The Child Witness., Thomas D. Lyon Dec 2001

5. Support Persons And The Child Witness., Thomas D. Lyon

Thomas D. Lyon

American trial courts often rule on motions that children testify in court accompanied by a support· person. Unfortunately, the potential impact of providing a child witness with a support person has not been thoroughly researched.

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6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon Dec 2001

6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon

Thomas D. Lyon

One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children’s testimony and the admissibility of children’s out-of-court statements. In psychology, experimental psychologists are amassing evidence of the potential unreliability of children’s memory reports. The trends intersect when courts assess the reliability of children’s statements in order to evaluate the competency of child witnesses, to decide whether to admit expert testimony about the suggestibility of children, and to decide whether to admit children’s hearsay.

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Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins Dec 2001

Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins

Ira P. Robbins

In 1968, Congress enacted the Federal Magistrates Act to enhance judicial efficiency in the federal courts. Since then, some judicial functions delegated to magistrate judges have been challenged on constitutional grounds: while federal district judges, appointed pursuant to Article III of the United States Constitution, are protected with life tenure and undiminishable salary, thereby enhancing judicial independence, federal magistrate judges, appointed pursuant to Article I, have no such protection. The most recent major challenge to magistrate judge authority came in 2001, when the United States Court of Appeals for the Fifth Circuit, in United States v. Johnston, decided that referral …

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Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins Dec 2001

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins

Ira P. Robbins

INTRODUCTION:

In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on …

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