Law Commons^™

Hate Violence In California - State And Federal Responses To Hate Violence, Senate Judiciary Committee

California Senate

No abstract provided.

Not Guilty By Reason Of Victimization, Susan Rutberg

Publications

As criminal defense lawyers we are privy to our clients' psycho-social histories in a way that others in the system are not. We have a responsibility to educate judges and juries about the relevance of traumatic events to the formationof specific intent, and to the significance of PTSD as a factor in mitigation at sentencing. We do much more for our clients if we can bring this information to light early on, as part of our representation of first-time offenders. While the PTSD defense has been employed almost exclusively in homicide cases, we must not hold this defense in reserve …

The New Policing: Confronting Complexity, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen

Articles

No abstract provided.

Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The justice system should be designed to prevent such a tragic error. Yet our interviews with jurors who served in South Carolina capital cases indicate that this nightmare is a reality.

Although our data are limited to South Carolina, the question whether jurors are adequately instructed in capital cases is of national concern. For example, the issue whether jurors should be more fully informed about the alternative to a death sentence has arisen in other states. And the question whether jurors understand the …

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.

Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

Cornell Law Faculty Publications

The law of habeas corpus has changed again. This time it was the law of harmless error. Before Brecht v. Abrahamson, the courts applied the same harmless error rule on direct appeal and in federal habeas corpus. Under that rule, embraced for constitutional errors in Chapman v. California, a conviction tainted by a constitutional error susceptible to harmless error analysis could be upheld only if the state demonstrated that the error was harmless beyond a reasonable doubt. After Brecht, the venerable Chapman rule still applies to constitutional errors identified and reviewed on direct appeal, but an ostensibly "less …

The Growing Use Of Jail Boot Camps: The Current State Of The Art, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

Law Faculty Scholarly Articles

This Essay recounts the Author’s experiences with an American Bar Association program called the Central and East European Law Initiative (CEELI). The Author traveled in Eastern Europe and focused on white collar crime issues in Poland. The Author was exposed to Eastern Europe's conversion to democracy and a market economy and the role of white collar crime in this conversion. Poland is drafting white collar crime statutes from scratch. There is also the opportunity that Poland’s effort can help us examine our attitudes toward white collar crime.

Brief Of Amici Curiae Of Ohio Right To Life Society, Inc., Cleveland Lawyers For Life, Inc., Physicians For Life, Inc. In Support Of Respondents, National Organization For Women V. Scheidler, 114 S. Ct. 798 (1993), David F. Forte

Law Faculty Briefs and Court Documents

(In this action, petitioner health care clinics alleged, among other things, that respondents, a coalition of antiabortion groups called the Pro-Life Action Network (PLAN) and others, were members of a nationwide conspiracy to shut down abortion clinics through a pattern of racketeering activity -- including extortion under the Hobbs Act -- in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) chapter of the Organized Crime Control Act of 1970, 18 U.S.C. §§ 1961-1968.)

Amici contend that the ordinary canons of statutory interpretation support the Seventh Circuit's conclusion below that the Racketeer Influenced and Corrupt Organizations ("RICO") chapter of …

Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Toward The Paperless Police Department: The Use Of Laptop Computers, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Improving The Investigation Of Violent Crime: The Homicide Investigation And Tracking System, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen

Articles

No abstract provided.

Is Conviction Irrelevant?, Elizabeth T. Lear

UF Law Faculty Publications

Since 1986, the country has been witness to a revolution in federal sentencing practice: indeterminate sentencing, dominated by discretion and focused on the rehabilitative prospects of the offender, has been replaced by guidelines infused with offense-based considerations. As sweeping as the change in sentencing procedure has been, the system retains troubling aspects of the former regime. The most controversial among these is the Guidelines' reliance on unadjudicated conduct to determine proper punishment levels.

This approach is a variation on “real offense” sentencing, which severs the punishment inquiry from the offense of conviction, focusing instead on an offender's "actual" conduct. Under …

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 05-05-1993, Wendy J. Gordon

Scholarship Chronologically

Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

Truth And Consequences: The Force Of Blackmail's Central Case, Wendy J. Gordon

Faculty Scholarship

Blackmail commentary continues to proliferate. One purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of blackmail literature, and to supply the connecting links that will allow us to see how various normative theories converge in condemning central case blackmail. Admittedly, the law criminalizes more than my central case. But once we recognize that the central case is neither puzzling nor paradoxical, it may be easier to handle the border cases that arise.

The Precarious Implications Of Dna Profiling, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

Money Laundering: The Anti-Structuring Laws, Sarah N. Welling

Law Faculty Scholarly Articles

Several money laundering laws do not apply until the amount of money involved exceeds $10,000. The laws include three reporting requirements and one substantive crime. Launderers have responded to these laws in part by "structuring" their transactions--breaking them up so the amound involved in each transaction is less than $10,000. This Article collects and analyzes the laws that make structuring a crime. I have discussed one such law, the cash transaction report (CTR) anti-structuring statute, in a previous article. This Article analyzes the anti-structuring provisions of the three other money laundering laws that use numerical thresholds. It also examines how …

Money Laundering: Business Beware, Larry D. Thompson

Scholarly Works

This Article examines the constitutionality of the Anti-Money Laundering Statutes. Specifically, the Article stresses that the Anti-Money Laundering Statutes, like RICO, are unconstitutionally vague and overbroad when applied to routine business transactions. Accordingly, Part II summarizes the void for vagueness and overbreadth doctrines. Part III sets forth the elements of the Anti-Money Laundering Statutes and then examines these elements under both doctrines. Part IV discusses how the lack of guidelines and, in some cases, the lack of prosecutorial discretion exacerbates the problems of vagueness and overbreadth. The Article concludes with the suggestion that guidelines similar to those adopted for RICO …

Mercy Killing And The Right To Inherit, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.

Videotaping Interrogations And Confessions, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Nij Initiative On Less-Than-Lethal Weapons, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Defending The Poor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon

Scholarship Chronologically

Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon

Scholarship Chronologically

The doctrine of double effect (DDE) and my suggested correlative, the doctrine of single effect (DSE), suggest that no significance should be given to either the lawful nature of the threat or the potentially beneficial side-effects of blackmail. Under DSE, the blackmailer violates deontological constraints if he threatens disclosure in an intent to obtain money or other advantage because, inter alia, were he to have alternative threats available he would threaten anyway. The nature of the threat is outside the intent of the blackmailer in the same way the killing of civilians is outside the intent of the strategic bomber. …

Truth And Consequences - Draft - 01-07-1993, Wendy J. Gordon

Scholarship Chronologically

Rather, he seeks to extract something from the victim that is properly the victim's, usually money, or to make the victim do something (e.g., sleep with him) that is ordinarily a behavior that the victim is at liberty not to engage in. The missing "rights" that Murphy seeks are therefore present and fairly uncontroversial: the rights not to have one's goods intentionally taken, or have one's liberty intentionally infringed, without justification. It is irrelevant whether or not it would be proper for the blackmailer to disclose the information, and thus destroy something the victim may value at a price even …

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon

Scholarship Chronologically

Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.