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2001

Criminal Law

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Articles 1 - 30 of 114

Full-Text Articles in Law

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer Nov 2001

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer

Cornell Law Faculty Publications

In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs ...


Lawyer Crimes: Beyond The Law?, Charles W. Wolfram Oct 2001

Lawyer Crimes: Beyond The Law?, Charles W. Wolfram

Cornell Law Faculty Publications



Section 5: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2001

Section 5: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Seventh Biennial Statewide Survey Of Drug And Alcohol Use Among California Students In Grades 7, 9 And 11, California Attorney General's Office, Gregory Austin Ph.D., Rodney Skager Ph.D. Jul 2001

Seventh Biennial Statewide Survey Of Drug And Alcohol Use Among California Students In Grades 7, 9 And 11, California Attorney General's Office, Gregory Austin Ph.D., Rodney Skager Ph.D.

California Agencies

No abstract provided.


Knockin' On Heaven's Door: Rethinking The Role Of Religion In Death Penalty Cases, Gary J. Simson, Stephen P. Garvey Jul 2001

Knockin' On Heaven's Door: Rethinking The Role Of Religion In Death Penalty Cases, Gary J. Simson, Stephen P. Garvey

Cornell Law Faculty Publications

Religion has played a prominent role at various points of capital trials. In jury selection, peremptory challenges have been exercised against prospective jurors on the basis of their religion. At the sentencing phase, defendants have offered as mitigating evidence proof of their religiosity, and the prosecution has introduced evidence of the victim's religiosity. In closing argument, quotations from the Bible and other appeals to religion have long been common. During deliberations, jurors have engaged in group prayer and tried to sway one another with quotes from scripture.

Such practices have not gone unquestioned. Rather remarkably, however, the questions have ...


Whose News About Justice? [Review Essay], Mark Findlay Jul 2001

Whose News About Justice? [Review Essay], Mark Findlay

Research Collection School Of Law

Review of two books: Whose News About Justice? Nicholas Cowdery (2001), Getting Justice Wrong, Allen & Unwin, Sydney, ISBN 1865083224 & Jock Collins, Greg Noble, Scott Poynting & Paul Tabar (2001), Kebabs, Kids, Cops and Crime, Pluto Press, Sydney, ISBN 1864031131.


The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith Jun 2001

The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith

Faculty Scholarship at Penn Law

Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states (Wisconsin ...


Forecasting Life And Death: Juror Race, Religion, And Attitude Toward The Death Penalty, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Jun 2001

Forecasting Life And Death: Juror Race, Religion, And Attitude Toward The Death Penalty, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

Determining whether race, sex, or other juror characteristics influence how capital case jurors vote is difficult. Jurors tend to vote for death in more egregious cases and for life in less egregious cases no matter what their own characteristics. And a juror's personal characteristics may get lost in the process of deliberation because the final verdict reflects the jury's will, not the individual juror's. Controlling for the facts likely to influence a juror's verdict helps to isolate the influence of a juror's personal characteristics. Examining each juror's first sentencing vote reveals her own judgment ...


"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry F. Colb May 2001

"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry F. Colb

Cornell Law Faculty Publications

In virtually every jurisdiction in the United States, the law of evidence prohibits parties from offering proof of an individual's general character traits to suggest that, on a specific occasion, the individual behaved in a manner consistent with those traits. In a criminal trial in particular, the law prohibits a prosecutor's introduction of evidence about the defendant's character as proof of his guilt. In this Article, Professor Colb proposes that the exclusion of defendant character evidence is appropriate in one category of cases but inappropriate in another. In the first category, which Professor Colb calls "whodunit" cases ...


Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, Frank O. Bowman Iii, Michael Heise May 2001

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, Frank O. Bowman Iii, Michael Heise

Cornell Law Faculty Publications

This is the first of two articles, the second of which will appear in January 2002 edition of the Iowa Law Review, in which we seek an explanation for the little-noticed and hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations has been declining steadily since 1991-92.

According to figures maintained by the Administrative Office of the United States Courts, in the eight years between 1991 and 1999, the average federal drug sentence decreased from 95.7 months to 75.2 months, a drop of 22%, or nearly two years, per defendant ...


Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise Apr 2001

Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

The Article begins with an examination of three primarily empirical questions. First, is the trend real? In other words, is the apparent decrease in federal drug sentences merely a species of statistical hiccup, a random fluctuation that could move easily and rapidly in the other direction? Or is the decline in average drug sentences large enough, and the trend prolonged enough, that we can safely conclude that something meaningful is occurring?


Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich Apr 2001

Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich

All Faculty Scholarship

The criminal justice pendulum may be swinging back in the direction of fairness. The Innocence Protection Act of 2001, introduced in both the Senate and the House of Representatives earlier this year, promises meaningful reforms in the administration of capital punishment in the United States.

Unlike previous slabs at reform, the Innocence Protection Act (lPA) has a real chance to become law because it commands unusually broad bipartisan support. The Senate bill (S. 486) is sponsored by Democrat Pat Leahy of Vermont and Republican Gordon Smith of Oregon. The House bill (H.R. 912) is sponsored by Democrat Bill Delahunt ...


Female Gangs: A Focus On Research, Us Department Of Justice Mar 2001

Female Gangs: A Focus On Research, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Choosing And Using Child Victimization Questionnaires, Us Department Of Justice Mar 2001

Choosing And Using Child Victimization Questionnaires, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Keeping Children Safe: Ojjdp's Child Protection Division, Us Department Of Justice Mar 2001

Keeping Children Safe: Ojjdp's Child Protection Division, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Anticipating Space Needs In Juvenile Detention And Correctional Facilities, Us Department Of Justice Mar 2001

Anticipating Space Needs In Juvenile Detention And Correctional Facilities, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson Mar 2001

Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson

Faculty Scholarship at Penn Law

Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator ...


Dialectics And Domestic Abuse, Katharine K. Baker Feb 2001

Dialectics And Domestic Abuse, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Community Policing In Local Police Departments, 1997 And 1999, Us Department Of Justice Feb 2001

Community Policing In Local Police Departments, 1997 And 1999, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.


A Comparison Of Four Restorative Conferencing Models, Us Department Of Justice Feb 2001

A Comparison Of Four Restorative Conferencing Models, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


To Serve The Cause Of Justice: Disciplining Fact Determination, Christine Boyle, Marilyn Maccrimmon Jan 2001

To Serve The Cause Of Justice: Disciplining Fact Determination, Christine Boyle, Marilyn Maccrimmon

Faculty Publications (Emeriti)

As a part of a larger project called "The Challenge of Change: Rethinking Law as Discipline," the authors seek "to identify and examine current challenges to the conceptual underpinnings and methodology of the traditional legal paradigm." In focusing on the construction of "'fact," the meanings of knowledge and the interplay between cultural understandings and the law of evidence, the authors note that the shifting boundaries of the discipline of law are engendering debates about what is marginal and what is core. They draw on challenges posed by the increasing diversity of producers and consumers of law in searching for the ...


Hate Crime In California, 2001, California Department Of Justice Jan 2001

Hate Crime In California, 2001, California Department Of Justice

California Agencies

No abstract provided.


Homicide In California, 2001, California Department Of Justice Jan 2001

Homicide In California, 2001, California Department Of Justice

California Agencies

No abstract provided.


Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein Jan 2001

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Division II Faculty Publications

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.


The Sporting Approach To Harmless Error: The Supreme Court's "No Harm, No Foul" Debacle In Neder V. United States, Linda Carter Jan 2001

The Sporting Approach To Harmless Error: The Supreme Court's "No Harm, No Foul" Debacle In Neder V. United States, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.


The Decline In Child Sexual Abuse Cases, Us Department Of Justice Jan 2001

The Decline In Child Sexual Abuse Cases, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Family Abductors: Descriptive Profiles And Preventive Interventions, Us Department Of Justice Jan 2001

Family Abductors: Descriptive Profiles And Preventive Interventions, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Walking The Edge Of Death: An Annotated Bibliography On Juveniles, The Mentally Ill, And The Death Penalty, Susan M. Boland Jan 2001

Walking The Edge Of Death: An Annotated Bibliography On Juveniles, The Mentally Ill, And The Death Penalty, Susan M. Boland

Law Librarian Articles and Other Publications

The death penalty is not as monolithic as it seems at first glance. A storm of debate has centered on the application of this, the harshest criminal penalty of all, to the mentally ill, mentally retarded, and juveniles. They are our most vulnerable and least culpable citizens. This bibliography consists of annotated references to periodical articles, books, Web sites, and Supreme Court cases that examine the application of the death penalty to juveniles, the mentally ill, and the mentally retarded. It does not include newspaper articles, popular magazines, Web sites that offer no substantive content, or materials that are unobtainable ...


Lethal Elections: Gubernatorial Politics And The Timing Of Executions, Jeffrey D. Kubik, John R. Moran Jan 2001

Lethal Elections: Gubernatorial Politics And The Timing Of Executions, Jeffrey D. Kubik, John R. Moran

Center for Policy Research

We document the existence of a gubernatorial election cycle in state executions, suggesting that election year political considerations play a role in determining the timing of executions. Our analysis indicates that states are approximately 25 percent more likely to conduct executions in gubernatorial election years than in other years. We also find that elections have a larger effect on the probability that an African American defendant will be executed in a given year than on the probability that a white defendant will be executed, and that the overall effect of elections is largest in the South. These findings raise concerns ...


Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle Jan 2001

Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle

Faculty Scholarship

No abstract provided.