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Articles 1 - 11 of 11
Full-Text Articles in Law
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
Faculty Publications
No abstract provided.
Law, Language, And Lenity, Lawrence M. Solan
Law, Language, And Lenity, Lawrence M. Solan
William & Mary Law Review
No abstract provided.
Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Criminal Discovery: What Truth Do We Seek?, Milton C. Lee Jr.
Criminal Discovery: What Truth Do We Seek?, Milton C. Lee Jr.
University of the District of Columbia Law Review
No abstract provided.
Sentenced For A Crime The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin Priester
Journal Publications
The tension between the two principles set out above is an unresolved dilemma for the United States Supreme Court. On the one hand, not every fact relevant to sentencing a criminal defendant warrants the Constitution's full criminal procedure protections. On the other hand, if those protections apply only to the facts selected by the legislature to determine guilt or innocence, the sentencing proceeding may overwhelm the trial in importance because the sentencing facts will determine the defendant's fate to a far greater extent. Justice Scalia described this tension bluntly: Suppose that a State repealed all of the violent crimes in …
Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli
Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli
Faculty Publications
No abstract provided.
Double Jeopardy: “Same Offense”, Paul C. Giannelli
Double Jeopardy: “Same Offense”, Paul C. Giannelli
Faculty Publications
No abstract provided.
Restorative Justice – A Conceptual Framework, Jennifer Llewellyn, R. Howse
Restorative Justice – A Conceptual Framework, Jennifer Llewellyn, R. Howse
Articles, Book Chapters, & Popular Press
Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …
Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang
Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang
Articles in Law Reviews & Other Academic Journals
No abstract provided.
No Penetration - And It's Still Rape, Lundy Langston
No Penetration - And It's Still Rape, Lundy Langston
Journal Publications
This Article explores the penetration requirement and considers the following: (1) whether it is a male or reasonable person understanding of what is so violative of a woman's body that it should be referred to as rape; and (2) what punishment should be imposed. This Article explores problems raised by the "foreplay" issue. Understanding that rape is not sex, in order to deem a violation, one must understand how a violation is characterized. In addition to defining what is violative, the foreplay issue raises questions about characterizations from a male perspective concerning when a male is placed on notice by …