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Articles 1 - 10 of 10
Full-Text Articles in Law
Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore
Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore
University of Michigan Journal of Law Reform
Once in a while, a case will come along that has such an enormous impact on the law that it is certain to draw attention. One such case was the Nathaniel Abraham murder case----a case involving the sentencing of a young eleven-year-old child in a system designed for older juvenile offenders, which demonstrated some of the novel and important issues facing the juvenile courts today. With the onset of such issues, the Juvenile Justice System has developed into a complex field of vital importance. Investing in the Juvenile Justice System allows us to invest in our future. Although frequently viewed …
Creative Sentencing, Restorative Justice And Environmental Law: Responding To The Terra Nova Fpso Oil Spill, Cecily Y. Strickland, Scott Miller
Creative Sentencing, Restorative Justice And Environmental Law: Responding To The Terra Nova Fpso Oil Spill, Cecily Y. Strickland, Scott Miller
Dalhousie Law Journal
On 20 November 2004 the Terra Nova FPSO inadvertently discharged 165n3 of oily water into the surrounding waters of the Newfoundland and Labrador offshore area. Petro-Canada was charged with having caused a spill and thereby committing an offence pursuant to the Canada-Newfoundland Atlantic Accord Implementation Act. This was the first charge of its type arising from offshore oil and gas operations on the east coast of Canada. The authors provide a factual overview of the incident and identify some resultant legal issues, including the application of creative sentencing and the use of probation orders.
Furman'S Mythical Mandate, Scott W. Howe
Furman'S Mythical Mandate, Scott W. Howe
University of Michigan Journal of Law Reform
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencing trials under the Eighth Amendment. Many legal commentators, both liberal and conservative, including several members of the Supreme Court, have concluded that the Court's regulation of capital sentencing trials is a disaster. The repeated criticisms rest on a commonly accepted view about a principal goal of capital sentencing regulation. The prevailing account, fueled by the rhetoric of the Justices, stems from the notion that Furman v. Georgia, 408 U.S. 208 (1972), revealed a mandate of consistency in the use of the death penalty that …
Why The County Jail Is Often A Better Choice, Shawn Chapman Holley
Why The County Jail Is Often A Better Choice, Shawn Chapman Holley
Michigan Law Review First Impressions
I have been a criminal defense lawyer in Los Angeles for almost twenty years. I began my career in the Los Angeles County Public Defender’s Office, representing defendants who were poor and often homeless. For the past twelve years, I have been in private practice, representing defendants who are wealthy and often famous. Having represented criminal defendants coming from such varied economic circumstances, I have witnessed firsthand the criminal justice system’s disparate treatment of those with money and those without. Pay-to-stay jails are yet another example of that disparity. Yet I believe that those without the money to pay for …
In The Prosecutor We Trust? A Case Against Permitting Evidence Of Unadjudicated Criminal Conduct Into The Sentencing Phase Of Capital Trials, Anne-Marie Von Aschwege
In The Prosecutor We Trust? A Case Against Permitting Evidence Of Unadjudicated Criminal Conduct Into The Sentencing Phase Of Capital Trials, Anne-Marie Von Aschwege
Saint Louis University Public Law Review
No abstract provided.
Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas
Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas
Fordham Law Review
No abstract provided.
Separate And Unequal: Federal Tough-On-Guns Program Targets Minority Communities For Selective Enforcement, Bonita R. Gardner
Separate And Unequal: Federal Tough-On-Guns Program Targets Minority Communities For Selective Enforcement, Bonita R. Gardner
Michigan Journal of Race and Law
This Article examines the Project Safe Neighborhoods program and considers whether its disproportionate application in urban, majority- African American cities (large and small) violates the guarantee of equal protection under the law. This Article will start with a description of the program and how it operates-the limited application to street-level criminal activity in predominately African American communities. Based on preliminary data showing that Project Safe Neighborhoods disproportionately impacts African Americans, the Article turns to an analysis of the applicable law. Most courts have analyzed Project Safe Neighborhoods' race-based challenges under selective prosecution case law, which requires a showing by the …
Plea Bargaining's Survival: Financial Crimes Plea Bargaining, A Continued Triumph In A Post-Enron World, Lucian E. Dervan
Plea Bargaining's Survival: Financial Crimes Plea Bargaining, A Continued Triumph In A Post-Enron World, Lucian E. Dervan
Oklahoma Law Review
No abstract provided.
A Business Ethics Perspective On Sarbanes-Oxley And The Organizational Sentencing Guidelines, David Hess
A Business Ethics Perspective On Sarbanes-Oxley And The Organizational Sentencing Guidelines, David Hess
Michigan Law Review
This Article assesses the ability of Sarbanes-Oxley and other recent changes in the law and stock exchange listing requirements to reduce the incidence of fraud and to increase the reporting of financial misconduct. It begins by examining the individual decision-makers within a corporation and analyzing their intentions and behaviors under the Theory of Planned Behavior. It then examines the ability of the organization to influence the employees' intentions and behaviors through codes of ethics and compliance programs, and finds growing support for the usefulness of integrity based compliance programs. Finally, the Article considers how the Sarbanes-Oxley legislation and Organizational Sentencing …
The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan
The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan
Seattle University Law Review
Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.