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Articles 1 - 9 of 9
Full-Text Articles in Law
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
David C. Brown
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis
Peter L. Davis
The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …
Follow The Evidence: Integrate Risk Assessment Into Sentencing, Steven Chanenson, Jordan Hyatt, Maerk Bergstrom
Follow The Evidence: Integrate Risk Assessment Into Sentencing, Steven Chanenson, Jordan Hyatt, Maerk Bergstrom
Steven L. Chanenson
No abstract provided.
Cases On Criminal Procedure, Robert Bloom
Introduction - Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen
Introduction - Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen
Russell A. Miller
No abstract provided.
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
R. Michael Cassidy
In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar Association recently …
The Day The Earth Stood Still?--Reading Jürgen Habermas's Essay "February 15" Against Ian Mcewan's Novel, Russell Miller
The Day The Earth Stood Still?--Reading Jürgen Habermas's Essay "February 15" Against Ian Mcewan's Novel, Russell Miller
Russell A. Miller
No abstract provided.
“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures Of Self-Regulation And The Decision To Confess, Deborah Davis, Richard Leo
“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures Of Self-Regulation And The Decision To Confess, Deborah Davis, Richard Leo
Richard A. Leo
As reflected in rulings ranging from Trial Courts to the U.S. Supreme Court, our judiciary commonly views as “voluntary,” and admits into evidence, interrogation-induced confessions obtained under conditions entailing stressors sufficient to severely compromise or eliminate the rational decision making capacities and self-regulation abilities necessary to justify such a view. Such decisions reflect, and sometimes explicitly state, assumptions soundly contradicted by science regarding the capacity of normal suspects lacking mental defect to withstand such stressors as severe fatigue, sleep deprivation, emotional distress-- and aversive interrogation length, tactics and circumstances--and nevertheless resist the powerful pressures of the interrogation to self-incriminate. Notwithstanding …
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Susan Freiwald
In a significant ruling in the fall of 2010, the Third Circuit Court of Appeals rejected the government’s claim that it could compel cell phone service providers to disclose customer records that indicate the cell towers with which a cell phone has communicated (cell phone location information or CSLI) without obtaining a warrant based on probable cause. In a break with past decisions, the court rejected application of a “third party rule,” under which cell phone users are seen to assume the risk that their providers will disclose location data without the protections of a warrant requirement. The court, however, …