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Articles 1 - 5 of 5
Full-Text Articles in Law
Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
UF Law Faculty Publications
Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …
Bringing Coherence To Mens Rea Analysis For Securities-Related Offenses, Michael L. Seigel
Bringing Coherence To Mens Rea Analysis For Securities-Related Offenses, Michael L. Seigel
UF Law Faculty Publications
This Article has demonstrated that the failure of commentators and the courts to tackle mens rea analysis head-on has resulted in lasting incoherence in the law. Unintelligible legal doctrine does not simply upset individuals who strive for elegant solutions to legal problems; it also exacts a huge, real-life toll. Juries faced with incoherent legal instructions are likely to become disillusioned about the justice system. Citizens receive inadequate guidance as to acceptable and unacceptable behavior, hampering deterrence -- particularly in the securities-law arena, where one presumably finds mostly rational actors who would be deterred by clear legal rules. Securities regulation is …
Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford
Incapacitation Through Maiming: Chemical Castration, The Eighth Amendment, And The Denial Of Human Dignity, John F. Stinneford
UF Law Faculty Publications
This year marks the tenth anniversary of California's enactment of the nation's first chemical castration law. This law requires certain sex offenders to receive, as part of their punishment, long-term pharmacological treatment involving massive doses of a synthetic female hormone called medroxyprogesterone acetate (MPA). MPA treatment is described as chemical castration because it mimics the effect of surgical castration by eliminating almost all testosterone from the offender's system. The intended effect of MPA treatment is to alter brain and body function by reducing the brain's exposure to testosterone, thus depriving offenders of most (or all) capacity to experience sexual desire …
Admissibility Of Co-Conspirator Statements In A Post-Crawford World, Michael L. Seigel, Daniel Weisman
Admissibility Of Co-Conspirator Statements In A Post-Crawford World, Michael L. Seigel, Daniel Weisman
UF Law Faculty Publications
This Article takes the position that co-conspirator statements must be examined on a case-by-case basis to determine whether they are testimonial and thus subject to exclusion under the Confrontation Clause. Further, in light of the fact that the author of the majority opinions in Crawford and Davis was Justice Antonin Scalia, this Article examines whether interpreting the Sixth Amendment as a bar to the admission of certain coconspirator statements would violate an originalist interpretation of that provision. The conclusion reached is that it would not. In the current era of ever-narrowing rights for criminal defendants, reaffirming the law's commitment to …
New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn
New Explorations In Culture And Crime: Definitions, Theory, Method, Kenneth B. Nunn
UF Law Faculty Publications
Culture affects criminal law in at least two key ways. First, culture and crime symbiotically define each other. Second, culture helps explain which courtroom narratives will be successful, and which will not. Culture influences who will be arrested, charged, convicted, and what sentence they will receive. Indeed, the invisible hand of culture drives the process of criminalization and helps to determine which acts we will sanction through criminal statutes.