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Articles 31 - 60 of 134
Full-Text Articles in Law
The Sporting Approach To Harmless Error: The Supreme Court's "No Harm, No Foul" Debacle In Neder V. United States, Linda Carter
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 Shadow Criminal Law Of Municipal Governance, Wayne A. Logan
The Shadow Criminal Law Of Municipal Governance, Wayne A. Logan
Scholarly Publications
Although it often escapes attention, municipal governments possess significant authority to enact criminal laws consistent with their expansive home rule and police powers. In this article, Professor Logan explores the numerous ways in which this authority manifests, and reflects upon, several of the main concerns presented by the "shadow criminal law" thereby created. These concerns include the negative practical consequences for individuals and entire communities associated with the proliferation of criminal laws, in which municipalities play a significant part; the specter that such governments will indulge punitive or parochial tendencies; and the pitfalls associated with intra-state diversification of the criminal …
Negotiating An Institution For The Twenty-First Century: Multilateral Diplomacy And The International Criminal Court, Valerie Oosterveld
Negotiating An Institution For The Twenty-First Century: Multilateral Diplomacy And The International Criminal Court, Valerie Oosterveld
Law Publications
The authors review the decades of discussion and years of negotiation that led to the adoption of the Statute of the International Criminal Court in 1998. By placing the creation of the International Criminal Court in its historical context, they emphasize the significance of the statute and the Court for international law. The lecture discusses various provisions of the statute, highlighting controversial aspects such as the jurisdiction of the Court and the crime of aggression. The statute reflects the compromises struck throughout the negotiations, compromises that are a necessary part of multilateral diplomacy. Though it was not possible to reconcile …
The Cooperation Of States With The International Criminal Court, Valerie Oosterveld
The Cooperation Of States With The International Criminal Court, Valerie Oosterveld
Law Publications
This Article explores the various cooperation obligations included within the Rome Statute related to arrest and surrender; investigation and evidence gathering; privileges and immunities of Court officials; witness protection; enforcement of ICC sentences, fines, and forfeiture orders; and offenses against the administration of justice. The nature of each obligation will be discussed within the context of the Rome Statute itself, its negotiation history, and a comparison of how Canada, Switzerland, and the United Kingdom have implemented their obligations to cooperate with the ICC into their domestic law, to the end of providing technical assistance to States undertaking the important task …
Walking The Edge Of Death: An Annotated Bibliography On Juveniles, The Mentally Ill, And The Death Penalty, Susan M. Boland
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 …
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
LLM Theses and Essays
Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …
Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), Andrea Lyon
Law Faculty Publications
No abstract provided.
The Deadly Paradox Of Capital Jurors, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
The Deadly Paradox Of Capital Jurors, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells
Cornell Law Faculty Publications
We examine support for the death penalty among a unique group of respondents: one hundred and eighty-seven citizens who actually served as jurors on capital trials in South Carolina. Capital jurors support the death penalty as much as, if not more than, members of the general public. Yet capital jurors, like poll respondents, harbor doubts about the penalty's fairness. Moreover, jurors--black jurors and Southern Baptists in particular--are ready to abandon their support for the death penalty when the alternative to death is life imprisonment without the possibility of parole, especially when combined with a requirement of restitution. Support for the …
Expert Witnesses, Kimberly M. Miles
Proving The Nexus Between A Criminal Defendant And The Criminal Conducts Of Subordinates And Associates In War Crimes Charges Pursuant To Article 4 Of The Ictr, Richard Davies
War Crimes Memoranda
No abstract provided.
A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg
War Crimes Memoranda
No abstract provided.
Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh
Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh
War Crimes Memoranda
No abstract provided.
The Concept Of Withdrawal From A Conspiracy, Tammy Lopez
The Concept Of Withdrawal From A Conspiracy, Tammy Lopez
War Crimes Memoranda
No abstract provided.
The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii
The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii
Faculty Publications
This Article has four parts. First, it describes the general structure of the Federal Sentencing Guidelines and the approach to sentencing economic crimes in effect between 1987 and 2001. Second, it outlines the defects in the former economic crime guidelines that led to the call for reform. Third, it describes the process undertaken by the Sentencing Commission that led to the passage of the 2001 economic crime amendments and, in so doing, provides a roadmap to sources of legislative history. Fourth, it explains and analyzes the new guidelines in light of their legislative history, with primary emphasis on the consolidated …
When The State Is Silent: An Analysis Of Aedpa's Adjudication Requirement, Brittany Glidden
When The State Is Silent: An Analysis Of Aedpa's Adjudication Requirement, Brittany Glidden
Publications
Note on Bell v. Jarvis (Bell II), 236 F.3d 149 (4th Cir. 2000) (en banc), cert. denied sub nom., Bell v. Beck, 122 S. Ct. 74 (2001).
Hate Crime In California, 2001, California Department Of Justice
Hate Crime In California, 2001, California Department Of Justice
California Agencies
No abstract provided.
Homicide In California, 2001, California Department Of Justice
Homicide In California, 2001, California Department Of Justice
California Agencies
No abstract provided.
The Decline In Child Sexual Abuse Cases, Us Department Of Justice
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
Family Abductors: Descriptive Profiles And Preventive Interventions, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye
Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye
Journal Articles
This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.
It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the …
The Constitutionality Of Dna Sampling On Arrest, David H. Kaye
The Constitutionality Of Dna Sampling On Arrest, David H. Kaye
Journal Articles
Every state now collects DNA from people convicted of certain offenses. Law enforcement authorities promote offender DNA databanking on the theory that it will identify offenders who commit additional crimes while or probation or parole, or after they have finished serving their sentences. Even relatively small databases have yielded such dividends. As these database searches uncover the perpetrators of rapes, murders, and other offenses, the pressure builds to expand the coverage of the databases.
Recent proposals call for extending not merely the scope of crimes for which DNA databanking would be used, but also the point at which the samples …
Rape And Force: The Forgotten Mens Rea, Kit Kinports
Rape And Force: The Forgotten Mens Rea, Kit Kinports
Journal Articles
In rape cases involving physical violence or express threats of physical harm, proof of the actus reus obviously does establish mens rea with respect to force as well as nonconsent. A defendant who beat or threatened to kill his victim could hardly raise a plausible argument that he did not know he was using force. But, in other circumstances, the defendant's mens rea vis-a-vis force may be less clear, and it may therefore make a difference whether a rape conviction requires proof that the defendant purposely intended to use force, or whether it is enough that he knew he was …
Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle
Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Why Miranda Does Not Prevent Confessions: Some Lessons From Albert Camus, Arthur Miller And Oprah Winfrey, 51 Syracuse L. Rev. 863 (2001), Timothy P. O'Neill
Why Miranda Does Not Prevent Confessions: Some Lessons From Albert Camus, Arthur Miller And Oprah Winfrey, 51 Syracuse L. Rev. 863 (2001), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
0701: William Lemaster Trial Transcript, 1993, Marshall University Special Collections
0701: William Lemaster Trial Transcript, 1993, Marshall University Special Collections
Guides to Manuscript Collections
This collection consists of copies of the twelve volume court transcript for the case of the State of Ohio vs. William Lemaster, case no. 92-CR-61 in the court of common pleas. Lemaster was accused and convicted of the kidnapping and murder of Jeff Halley and his son Jeff Halley, Jr. The court transcript includes jury selection, exhibits, and testimony.
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
Scholarly Publications
Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein
Criminal Prosecution For Hmo Treatment Denial, John A. Humbach
Criminal Prosecution For Hmo Treatment Denial, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article will first provide a brief examination of the economic pressures that market forces bring to bear on HMOs and their decision-making personnel. The objective is to show how the natural effect of normal market forces is to exert a constant pressure towards treatment delays and denials, particularly in the cases of elderly and chronically ill patients. Part III will provide an overview of the existing criminal law as it applies to situations in which death results because someone has violated a legal duty to provide medical treatment. In Part IV, the question of the requisite mental culpability will …
On Insider Trading, Markets, And "Negative" Property Rights In Information, Zohar Goshen, Gideon Parchomovsky
On Insider Trading, Markets, And "Negative" Property Rights In Information, Zohar Goshen, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding
The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding
War Crimes Memoranda
No abstract provided.
The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo
The Exercise Of Universal Jurisdiction By Belgium Over Ictr Targets, Julia J. Carabillo
War Crimes Memoranda
No abstract provided.