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Selected Works

2012

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Criminal Law

Criminal Law

Articles 1 - 8 of 8

Full-Text Articles in Law

Book Review: Negotiating The Labyrinth: Disability And The Queensland Justice System By Dan Toombs, Jodie O'Leary Nov 2012

Book Review: Negotiating The Labyrinth: Disability And The Queensland Justice System By Dan Toombs, Jodie O'Leary

Jodie O'Leary

No abstract provided.

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The Federal Common Law Of Crime, Robert C. Palmer Nov 2012

The Federal Common Law Of Crime, Robert C. Palmer

Robert T. Palmer, PhD

No abstract provided.

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Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger Oct 2012

Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger

Beau James Brock

The Fourth Amendment must be protected from police excesses. Now, law enforcement is relying upon the most hyper-technical of violations to stop a vehicle. Both attorneys and judges must guard against the temptation that the ends will justify the means, only to find out later we sold out our freedom to the golden calf of drug interdiction.

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Book Review: International Human Rights And Mental Disability Law: When The Silenced Are Heard, Robert M. Sanger Dec 2011

Book Review: International Human Rights And Mental Disability Law: When The Silenced Are Heard, Robert M. Sanger

Robert M. Sanger

International Human Rights and Mental Disability Law: When the Silenced Are Heard by Michael Perlin is the definitive text on the analysis of international law, treaties, protocols, covenants, and conventions regarding mental disability issues. It also contains comparative law and philosophical analysis. Although a treasure to foreign and international teachers and practitioners, Professor Perlin’s book also focuses on areas — such as sanism and pretextuality — that may provide some insight for domestic criminal defense and mental health lawyers.

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Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger Dec 2011

Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger

Robert M. Sanger

In the Atkins case, the United States Supreme Court held that it was unconstitutional to execute a person who was intellectually disabled (mentally retarded). An IQ score is evidence that can be considered in making the determination of whether a particular individual is intellectually disabled. Certain prosecution experts seek to add points to the scores of African Americans as a form of "ethnic adjustment" making those individuals more susceptible to being put to death. This article examines the molecular biology issues that may have an effect on whether such points should properly be added.

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Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman Dec 2011

Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman

Kevin P. Chapman

The Supreme Court ruling in Melendez-Diaz fundamentally changed the way that firearms offenses are prosecuted in Massachusetts. This paper presents the history of firearms prosecutions and the current state of the law, and it raises several unanswered questions that could further change the nature of future firearms prosecutions.

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"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins Dec 2011

"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins

Ira P. Robbins

Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts.
 
This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews the …

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The Practice Of Criminal Defence: Why We Fight And Defend Those Most Imperilled, Every Day, Beau James Brock Dec 2011

The Practice Of Criminal Defence: Why We Fight And Defend Those Most Imperilled, Every Day, Beau James Brock

Beau James Brock

Being a criminal defense attorney is a special calling. Aside from dealing with the human element, they also fight daily to see the government acts within the bounds established by the Bill of Rights.

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