Law Commons^™

Criminal Law And Procedure, John O. Cole

Mercer Law Review

The Georgia appellate courts wrote opinions in over 500 cases during the year of the survey period, most of which were in the court of appeals. The volumes in question in this survey are positively bloated with criminal appeals. Reading through them is a depressing experience for two reasons. First, something seems amiss in a system in which so many attorneys, judges, law clerks, other officials, printers, and trees participate in an appellate process that for the most part changes nothing and has no effect on the litigants. Second, while some of the appeals are meritless to the point of …

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.

The Payne Of Allowing Victim Impact Statements At Capital Sentencing Hearings, Michael I. Oberlander

Vanderbilt Law Review

A teenage boy returns from a night out with his friends to find his home in disarray; furniture is strewn about and valuable belongings are missing. He ventures towards his parents' bedroom, unaware of the horrific scene that he soon will witness. As he enters his parents' bedroom a sudden sense of reality washes over him as he views the scene in the room: his parents are dead on their bed, in inhuman, violently conorted positions, with blood covering the sheets, their bodies, the floor, and the walls. The boy, in shock, reaches for the phone and calls the police. …

Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe

Indiana Law Journal

No abstract provided.

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …

Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell

Dalhousie Law Journal

In the last few years Canada's churches have been plagued by sexual abuse scandals from Newfoundland to British Columbia. Members of the clergy and of lay orders across the country have been charged with, and convicted of, criminal offences involving the physical and sexual abuse of children. Mediareports and television documentaries have emphasized the tremendous scope of the problem of clergy paedophilia, the seriousness of the harm done to the victims, and the irresponsible and sometimes heartless behaviour of church officials who received reports of such abuse. These stories have shocked the Canadian public and have given rise to a …

Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack

Michigan Law Review

We have attempted in this article to "begin over again and concentrate" by taking a fresh look at the interplay between guilt and jury verdicts. Somewhat to our surprise, we discovered that guilt is undefinable without reference to the larger society. We also discovered that our risk-of-error experiments implicated the principle of double jeopardy. When we began this thought experiment, we intended only to test the risk of error in various jury configurations and verdicts. We ended, however, by articulating a more fundamental principle: guilt is nothing more, and nothing less, than the judgment of society. Any verdict that accurately …

Prosecutorial Discretion In An Adversary System, Kenneth J. Meulli

BYU Law Review

No abstract provided.

Payne V. Tennessee: The Supreme Court Places Its Stamp Of Approval On The Use Of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent

BYU Law Review

No abstract provided.

The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury

Indiana Law Journal

No abstract provided.

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.

United States V. Elgersma: The Burden Of Proof In Criminal Forfeiture Proceedings Under 21 U.S.C. § 853, James D. Tolliver

Mercer Law Review

In United States v. Elgersma, the Eleventh Circuit Court of Appeals decided the issue of what burden of proof applies to a criminal forfeiture proceeding under section 853 of the Comprehensive Crime Control Act of 19842 ("section 853"). After examining the legislative history of section

853 and case law- from its own and other circuits, the court held that criminal forfeiture is a criminal charge requiring the government to prove the guilt of the accused beyond a reasonable doubt. A majority of the court rejected Judge Anderson's concurring opinion in which he argued that criminal forfeiture is an element …

Constitutional Criminal Law, Peggy Natale, Anthony J. Natale

Mercer Law Review

Last year, the Eleventh Circuit examined some interesting constitutional issues that affect defendants in criminal cases. What follows are the most significant of those constitutional issue cases, and an additional criminal case of first impression to the Eleventh Circuit Court of Appeals. The authors have made no effort to provide an exhaustive digest of all the court's opinions for the 1991 year.

• First Amendment
• Fourth Amendment
• Fifth Amendment
• Sixth Amendment
• Case of First Impression

Federal Prosecution Of State And Local Public Officials: The Obstacles To Punishing Breaches Of The Public Trust And A Proposal For Reform, Part Two, Michael W. Carey, Larry R. Ellis, Joseph F. Savage Jr.

West Virginia Law Review

No abstract provided.

Criminal Prosecution Of Workplace Safety Violations, Michael T. Cimino

West Virginia Law Review

No abstract provided.

The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …

Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus

William & Mary Bill of Rights Journal

No abstract provided.

The Death Penalty In The Nineties: An Examination Of The Modern System Of Capital Punishment, Thomas L. Shaevsky

Michigan Law Review

A Review of The Death Penalty in the Nineties: An Examination of the Modern System of Capital Punishment by Welsh S. White

Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell

University of the District of Columbia Law Review

No abstract provided.

Crime And Punishment: The Eighth Amendment's Proportionality Guarantee After Harmlin V. Michigan, John C. Rooker

Brigham Young University Journal of Public Law

No abstract provided.

Booth V. Maryland, Insights Into The Contemporary Challenges To Judging, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.

Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher

BYU Law Review

No abstract provided.

International Extradition: Issues Arising Under The Dual Criminality Requirement, Jonathan O. Hafen

BYU Law Review

No abstract provided.

For The Criminal Practitioner: Review Of Fourth Circuit Opinions In Criminal Cases Decided July 1, 1991 Through March 31, 1992, Carl Horn

Washington and Lee Law Review

No abstract provided.

Michigan's Attempt At Curbing Drunk Drivers Under The Fourth Amendment: The Constitutionality Of Sobriety Checkpoints, B. Gordon Beckstead

Brigham Young University Journal of Public Law

No abstract provided.

Exporting United States Drug Law: An Example Of The International Legal Ramifications Of The "War On Drugs", D. Brian Boggess

BYU Law Review

No abstract provided.

Criminal Law - New Standards Under The Sentencing Guidelines, Gerard M. O'Rourke

Villanova Law Review

No abstract provided.

Criminal Liability For Misconduct In Scientific Research, Susan M. Kuzma

University of Michigan Journal of Law Reform

This Article will explore our society's attitude to prosecuting scientific misconduct, the need to consider prosecution in such cases, and the utility of current statutes available for prosecution. To assist the reader in understanding the issues, this Article will provide some background information about misconduct in scientific research and will include a discussion of some specific incidents. These background materials provide a context for my argument that criminal sanctions should be available to punish scientific misconduct. Finally, I propose a federal criminal statute designed specifically for prosecuting scientific misconduct.

Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.

Florida State University Law Review

No abstract provided.

Jacobson V. United States: Do The Ends Justify The Means In Government Stings?, Maureen Duffy

Loyola University Chicago Law Journal

No abstract provided.