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Articles 1 - 30 of 216
Full-Text Articles in Law
48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson
‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson
Richard J. Wilson
No abstract provided.
Overcoming Overcriminalization, Stephen Smith
Overcoming Overcriminalization, Stephen Smith
Stephen F. Smith
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …
Overcoming Overcriminalization, Stephen Smith
Overcoming Overcriminalization, Stephen Smith
Stephen F. Smith
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …
Consent To Harm, Vera Bergelson
Consent To Harm, Vera Bergelson
Vera Bergelson
This article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).
Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.
One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and …
Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo
Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo
Daniel Fernando Gómez Tamayo
¿Qué sentido tiene que la oficial americana inculpe a un musulmán de un ilícito que posiblemente no cometió? ¿Qué sentido tiene generar un conflicto con los musulmanes, si la Santa Sede mantiene un diálogo interreligioso, respetuoso y pacífico con los musulmanes?
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Wesley M Oliver
Praise Defenders, Not Just Prosecutors, Stephen E. Henderson
Praise Defenders, Not Just Prosecutors, Stephen E. Henderson
Stephen E Henderson
The New Penology: Notes On The Emerging Strategy Of Corrections And Its Implications, Malcolm M. Feeley, Jonathan Simon
The New Penology: Notes On The Emerging Strategy Of Corrections And Its Implications, Malcolm M. Feeley, Jonathan Simon
Malcolm Feeley
The new penology argues that an important new language of penology is emerging. This new language, which has its counterparts in other areas of the law as well, shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates. This shift has a number of important implications: It facilitates development of a vision or model of a new type of criminal process that embraces increased reliance on imprisonment and that merges concerns for surveillance and custody, that shifts away from a concern with punishing …
Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey
Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey
Russell D. Covey
The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …
The Criminal Justice System In A Time Of Economic Meltdown: Crisis Or Opportunity For Reform?, Russell D. Covey, Caren Morrison
The Criminal Justice System In A Time Of Economic Meltdown: Crisis Or Opportunity For Reform?, Russell D. Covey, Caren Morrison
Russell D. Covey
This one-day symposium will examine the ways that our criminal justice system might respond to our ongoing national economic crisis by implementing long-awaited reforms. A host of distinguished legal scholars will join us to discuss the ways that problems in our criminal justice system are effecting our economy on national and local levels, and how we might further the goals of our criminal justice system while paring down government expense. Please see event website to register. http://law.gsu.edu/events/index/symposium_register
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Russell D. Covey
No abstract provided.
Abolishing Jailhouse Snitch Testimony, Russell D. Covey
Abolishing Jailhouse Snitch Testimony, Russell D. Covey
Russell D. Covey
Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …
Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey
Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey
Russell D. Covey
This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders. The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …
Dividing Crime, Multiplying Punishments, John F. Stinneford
Dividing Crime, Multiplying Punishments, John F. Stinneford
John F. Stinneford
When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will. This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and a …
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
David Aaronson
No abstract provided.
Freedom For Ramsey Muniz, Chicano Political Prisoner, Ruben B. Botello Jd
Freedom For Ramsey Muniz, Chicano Political Prisoner, Ruben B. Botello Jd
Ruben B Botello JD
SUBJECT: Ramsey Muniz, Prisoner #40288-115 Mr. President: We pray you and your loved ones are doing well. The 1994 Three Strikes law used, to sentence Mr. Ramsey Muniz (Federal Prisoner #40288-115) should never have been applied to his case according to U.S. Assistant Attorney General Jo Ann Harris. (see her below 1995 Memo to all U.S. lawyers) Furthermore, this federal Three Strikes law now held unconstitutional by the U.S. Supreme Court, in Johnson vs. United States, June 26, 2015 (see http://www.supremecourt.gov/opinions/14pdf/13-7120_p86b.pdf). It was enacted, to put serious violent felons behind bars for life, not defendants like Mr. Muniz who was …
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams
46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams
Thomas D. Lyon
The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.
45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford
The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford
Stuart Ford
There is a widespread belief among both academics and policymakers that international criminal trials are too complex. As a result, tribunals have come under enormous pressure to reduce the complexity of their trials. However, changes to trial procedure have not meaningfully affected trial complexity. This Article explains why these changes have failed and argues that the complexity of international criminal trials is necessary for them to achieve their purposes. Using a multiple regression model of the factors driving trial complexity at the International Criminal Tribunal for the former Yugoslavia (ICTY), this Article shows that the largest drivers of complexity are …
Smart(Er) Enforcement: Rethinking Removal, Daniel Kanstroom
Smart(Er) Enforcement: Rethinking Removal, Daniel Kanstroom
Daniel Kanstroom
Substantial interior immigration enforcement will undoubtedly continue in the United States, whether or not the legislative and executive branches can craft a legalization program. Though some enforcement is undoubtedly necessary, the system’s continuity will also be due in part to inertia. The size of the current enforcement system is stunning, affecting many millions of noncitizens and removing many hundreds of thousands annually. Equally impressive are its costs and its complexity. One recent study aptly described the system as “formidable machinery,” involving a “complex, cross-agency system that is interconnected in an unprecedented fashion.” Spending on immigration enforcement was about $18 billion …
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
O. Carter Snead
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Federal Criminal Conspiracy, Todd R. Russell, O. Carter Snead
Federal Criminal Conspiracy, Todd R. Russell, O. Carter Snead
O. Carter Snead
No abstract provided.
Silencing Grand Jury Witnesses, R. Michael Cassidy
Silencing Grand Jury Witnesses, R. Michael Cassidy
R. Michael Cassidy
The investigations of local police officers for causing the deaths of unarmed civilians in Ferguson, Missouri and Staten Island, New York have generated significant national discourse about the fairness and transparency of grand jury proceedings. This article addresses one crucial aspect of this ongoing debate; that is, whether witnesses before the grand jury should be allowed to talk to each other and to the media about the contents of their testimony. In the federal system and in the majority of states that still employ the grand jury as an investigative and charging tool, obligations of grand jury secrecy do not …
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
A 'Velvet Hammer': The Criminalization Of Motherhood And The New Maternalism, Eliza Duggan
A 'Velvet Hammer': The Criminalization Of Motherhood And The New Maternalism, Eliza Duggan
Eliza Duggan
In 2014, Tennessee became the first state to criminalize the use of narcotics during pregnancy. While women have been prosecuted for the outcomes of their pregnancies and for the use of drugs during pregnancy in the past decades, Tennessee is the first state to explicitly authorize prosecutors to bring criminal charges against pregnant women if they use drugs. This Article suggests that this new maternal crime is reflective of a social and political paradigm called “maternalism,” which enforces the idea that women are meant to be mothers and to perform motherhood in a particular fashion. This concept has developed from …
Gender Injustice: System-Level Juvenile Justice Reforms For Girls, Francine Sherman, Annie Balck
Gender Injustice: System-Level Juvenile Justice Reforms For Girls, Francine Sherman, Annie Balck
Francine T. Sherman
Despite decades of attention, the proportion of girls in the juvenile justice system has increased and their challenges have remained remarkably consistent, resulting in deeply rooted systemic gender injustice. The literature is clear that girls in the justice system have experienced abuse, violence, adversity, and deprivation across many of the domains of their lives—family, peers, intimate partners, and community. There is also increasing understanding of the sorts of programs helpful to these girls. What is missing is a focus on how systems—and particularly juvenile justice systems—can be redesigned to protect public safety and support the healing and healthy development of …
Greffe: A Section 8 Triumph Or A Thorn In The Side Of Law Enforcement, Alan N. Young
Greffe: A Section 8 Triumph Or A Thorn In The Side Of Law Enforcement, Alan N. Young
Alan N. Young
This article concerns the constitutionality of drug enforcement laws in the context of R. v. Greffe.