Law Commons^™

How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, Stuart Ford

Stuart Ford

No abstract provided.

Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Introductory Remarks: Criminal Law Panel, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Paul Marcus

No abstract provided.

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Paul Marcus

No abstract provided.

The Miranda Custody Requirement And Juveniles, Paul Marcus

Paul Marcus

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …

The Exclusion Of Evidence In The United States, Paul Marcus

Paul Marcus

No abstract provided.

The Entrapment Defense: An Interview, Paul Marcus

Paul Marcus

No abstract provided.

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Paul Marcus

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.

The Development Of Entrapment Law, Paul Marcus

Paul Marcus

No abstract provided.

The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus

Paul Marcus

No abstract provided.

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Paul Marcus

No abstract provided.

Proving Entrapment Under The Predisposition Test, Paul Marcus

Paul Marcus

No abstract provided.

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Paul Marcus

No abstract provided.

Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus

Paul Marcus

No abstract provided.

Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus

Paul Marcus

No abstract provided.

Book Review Of The Model Penal Code And Commentaries, Paul Marcus

Paul Marcus

No abstract provided.

Book Review Of Fact Finding Without Facts: The Uncertain Evidentiary Foundations Of International Criminal Convictions, Linda A. Malone

Linda A. Malone

No abstract provided.

Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz

Adam M. Gershowitz

The criminal justice process typically begins when the police make a warrantless arrest. Although police usually do a good job of bringing in the “right” cases, they do make mistakes. Officers sometimes arrest suspects even though there is no evidence to prove an essential element of the crime. Police also conduct unlawful searches and interrogations. And officers make arrests in marginal cases—schoolyard fights are a good example—in which prosecutors do not think a criminal conviction is appropriate. Accordingly, prosecutors regularly dismiss cases after police have made warrantless arrests and suspects have sat in jail for days, or even weeks. In …

Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer

James G. Dwyer

No abstract provided.

The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.

Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.

The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.

Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.

A Humble Justice, Marah S. Mcleod

Marah McLeod

Media and scholarly critics often claim that Justice Thomas's criminal law opinions reflect intentional cruelty or callousness, and dismiss his opinions without engaging seriously with their substance.
This Essay contends that judicial humility is a far more plausible explanation for Justice Thomas's criminal case decisions. If observers recognize that his approach to the law is guided by humility, rather than his own cruel or callous views, they will be more likely to consider the substance of his opinions and will benefit from wrestling with his challenging jurisprudential and historical perspective - even if they do not agree with the conclusions …

The Origins Of The Modern Mugshot, Tsion Chudnovsky

Tsion Chudnovsky, JD