Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Corporation law--Criminal provisions (2)
- Jury (2)
- Constitutional law--United States. (1)
- Crime in mass media (1)
- Criminal liability (1)
-
- Expert evidence (1)
- Extortion (1)
- Federal government (1)
- Fraud (1)
- Genetics (1)
- Interstate commerce (1)
- Interstate commerce--Law and legislation--United States. (1)
- Jury selection (1)
- Mass media (1)
- Monoamine oxidase (1)
- Neurosciences (1)
- Prejudices (1)
- Presumptions (Law) (1)
- Property (1)
- Public opinion (1)
- Qaida (Organization) (1)
- Rabbits (1)
- Right of property (1)
- Securities fraud (1)
- Serotonin (1)
- Terrorism (1)
- Threats (1)
- Trials (1)
- Violence (1)
- White collar crimes (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos
The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos
Faculty Scholarship
The Constitution requires that the facts that expose an individual to criminal punishment be proved to a jury beyond a reasonable doubt. In recent years, the Supreme Court has taken pains to ensure that legislatures cannot evade the requirements of proof beyond a reasonable doubt and jury presentation through artful statutory drafting. Yet current Commerce Clause jurisprudence permits Congress to do just that. Congress can avoid application of the reasonable-doubt and jury-trial rules with respect to certain critical facts-the facts that establish the basis for federal action by linking the prohibited conduct to interstate commerce-by finding those facts itself rather …
The Rehnquist Court And The Death Penalty, Erwin Chemerinsky
The Rehnquist Court And The Death Penalty, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Faculty Scholarship
This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …
Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet
Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet
Faculty Scholarship
Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
Faculty Scholarship
Application of the doctrine of entity criminal liability, which had only a thin tort-like rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability's place in the criminal law. An organization's role in its agent's bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent's wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an institution for a wrong. …
Novel Criminal Fraud, Samuel W. Buell
Novel Criminal Fraud, Samuel W. Buell
Faculty Scholarship
The crime of fraud has been underdescribed and undertheorized, both as a wrong and as a legal prohibition. These deficits contribute to contention and uncertainty over the practice of punishing white-collar crime. This Article provides a fuller account of criminal fraud, describing fraud law's open-textured, common-law, and adaptive qualities and explaining how fraud law develops along its leading edge while limiting violence to the legality principle. The legal system has a surprising, often overlooked methodology for resolving whether to treat novel commercial behaviors as frauds: Courts and enforcers often conduct an ex post examination of whether an actor's mental state …
Comment, Saving Toby: Extortion, Blackmail, And The Right To Destroy, Stephen E. Sachs
Comment, Saving Toby: Extortion, Blackmail, And The Right To Destroy, Stephen E. Sachs
Faculty Scholarship
On the website SaveToby.com, one may find many endearing pictures of Toby, the cutest little bunny on the planet. Unfortunately, on June 30, 2005, the lovable Toby was scheduled to be butchered and eaten - unless the website's readers sent $50,000 to save his life. Though Toby's owner has since granted him a temporary reprieve - until Nov. 6, 2006 - the threat raises a fascinating issue of law. Extortion statutes prohibiting threats to destroy property generally do not prohibit threats to destroy one's own property. The law thus provides insufficient protection to a variety of resources on which others …