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2001

Criminal Law

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Articles 1 - 30 of 246

Full-Text Articles in Law

The Pathological Politics Of Criminal Law, William J. Stuntz Dec 2001

The Pathological Politics Of Criminal Law, William J. Stuntz

Michigan Law Review

Substantive criminal law defines the conduct that the state punishes. Or does it? If the answer is yes, it should be possible, by reading criminal codes (perhaps with a few case annotations thrown in), to tell what conduct will land you in prison. Most discussions of criminal law, whether in law reviews, law school classrooms, or the popular press, proceed on the premise that the answer is yes. Law reform movements regularly seek to broaden or narrow the scope of some set of criminal liability rules, always on the assumption that by doing so they will broaden or narrow the ...


Policing Online Pharmacies: Bioterrorism Meets The War On Drugs, Mark Sweet Nov 2001

Policing Online Pharmacies: Bioterrorism Meets The War On Drugs, Mark Sweet

Duke Law & Technology Review

In light of the recent terrorists attacks and the increasing threat of bioterrorism, many U.S. citizens have turned to the Internet in an attempt to gather the supplies needed to protect them and their loved ones. Central to the effort is the increased purchasing of prescription drugs over the Internet. This iBrief explores the benefits and risks to consumers from buying drugs online, and examines recent initiatives to police the online pharmacy industry.


Prosecutorial Ethics: Private Decision Making In The Very Public Practice Of Law, Charles E. Maclean Nov 2001

Prosecutorial Ethics: Private Decision Making In The Very Public Practice Of Law, Charles E. Maclean

Charles E. MacLean

No abstract provided.


Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer Nov 2001

Compelled Statements From Police Officers And Garrity Immunity, Steven D. Clymer

Cornell Law Faculty Publications

In this Article, Professor Steven Clymer describes the problem created when police departments require officers suspected of misconduct to answer internal affairs investigators' questions or face job termination. Relying on the Supreme Court's decision in Garrity v. New Jersey, courts treat such compelled statements as immunized testimony. That treatment not only renders such a statement inadmissible in a criminal prosecution of the suspect police officer, it also may require the prosecution to shoulder the daunting and sometimes insurmountable burden of demonstrating that its physical evidence, witness testimony, and strategic decisionmaking are untainted by the statement. Because police internal affairs ...


Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone Nov 2001

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.


A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis Nov 2001

A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis

Michigan Law Review

When hunted, the ostrich is said to run a certain distance and then thrust its head into the sand, thinking, because it cannot see, that it cannot be seen by the hunters. Legal parlance therefore refers to the "ostrich instruction," used when a defendant acts with the awareness of a high probability of the existence of an incriminating fact, but remains deliberately ignorant as to whether the fact actually exists, hoping his ignorance will maintain his innocence. The defendant is like the ostrich - he thinks that if he does not actually see the facts, even though he knows they are ...


Liberty For Security, Morgan Streetman Oct 2001

Liberty For Security, Morgan Streetman

Duke Law & Technology Review

On 11 September 2001, we collectively endured the worst tragedy to touch American soil since the Civil War. In the wake of this horrible event, a national hysteria erupted. People are anxious to restore the lost security; but at what cost? Many Americans seem not to care about the costs, and national polls show that now, more than ever, Americans are willing to trade their precious civil liberties in an attempt to restore security. As the ACLU has stated these are difficult days. Not only are they difficult, they will define the future of America. This iBrief explores the reactions ...


Using The Master's Tools: Fighting Persistent Police Misconduct With Civil Rico, Steven P. Ragland Oct 2001

Using The Master's Tools: Fighting Persistent Police Misconduct With Civil Rico, Steven P. Ragland

American University Law Review

No abstract provided.


Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White Oct 2001

Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White

Campbell Law Review

This article will examine actions taken by the North Carolina legislature to address problems posed by recidivist criminal behavior. In particular, the constitutional standing of North Carolina's habitual misdemeanor assault and habitual impaired driving statutes will be evaluated. In order to provide an adequate discussion, the history and general principles of recidivism will be addressed. In addition, the impact of recidivist statutory trends upon constitutional guarantees of double jeopardy will be analyzed. Finally, the article will explain that North Carolina's habitual misdemeanor statutes are standing upon teetering constitutional ground.


Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant Oct 2001

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

The Journal of Appellate Practice and Process

The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are international tribunals that are developing and remaking much of international humanitarian law. The courts double as trial and appellate courts. Each court has jurisdiction over events that occurred in a specific area during a specific time period. The courts have an unusual appellate structure. These unique Appellate Chambers review important trial decisions that deal with genocide, crimes against humanity, and war crimes.


Lawyer Crimes: Beyond The Law?, Charles W. Wolfram Oct 2001

Lawyer Crimes: Beyond The Law?, Charles W. Wolfram

Cornell Law Faculty Publications



Violence And The Truth, Joseph L. Hoffmann Oct 2001

Violence And The Truth, Joseph L. Hoffmann

Indiana Law Journal

Harry Pratter Professorship Lecture, Indiana University School of Law, Bloomington, Indiana


Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffrey Fagan, James S. Liebman Oct 2001

Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffrey Fagan, James S. Liebman

Indiana Law Journal

No abstract provided.


A Brief Response To Liebman, Fagan, And West, Joseph L. Hoffmann Oct 2001

A Brief Response To Liebman, Fagan, And West, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.


The Passions Of Battered Women: Cognitive Links Between Passion, Empathy, And Power, Mary Becker Oct 2001

The Passions Of Battered Women: Cognitive Links Between Passion, Empathy, And Power, Mary Becker

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Section 5: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2001

Section 5: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon Aug 2001

4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon

Thomas D. Lyon

I’m grateful to Dr. Martindale for introducing the reader to an important and lively debate among practitioners and academics over the relevance of recent research on children’s suggestibility. In my Cornell Law Review article, I argued that the recent research on suggestibility was inspired by highly coercive interviewing techniques in widely publicized cases that are not the norm in child sexual abuse investigations. These techniques include telling children that they have been abused, telling children that a particular person is the abuser, and asking children to imagine details regarding how abuse could have taken place. Moreover, I argued ...


Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet Aug 2001

Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet

Duke Law & Technology Review

Perhaps you have written an e-mail that looks something like this:


Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Editor Jul 2001

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Editor

International Bulletin of Political Psychology

This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.


Terrorism And Remorse: Psychology And The Death Penalty, Editor Jul 2001

Terrorism And Remorse: Psychology And The Death Penalty, Editor

International Bulletin of Political Psychology

This article provides commentary on the forensic psychological task to develop information bearing on penalties for convicted terrorists.


Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Editor Jul 2001

Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Editor

International Bulletin of Political Psychology

This article discusses the International Criminal Court, or ICC. At issue is the contention that the ICC has been used primarily as a political tool for settling vendettas against the governments of nation-states and/or the leaders of these states instead of furthering human rights through adjudicating allegations of genocide, crimes against humanity, and war crimes.


Seventh Biennial Statewide Survey Of Drug And Alcohol Use Among California Students In Grades 7, 9 And 11, California Attorney General's Office, Gregory Austin Ph.D., Rodney Skager Ph.D. Jul 2001

Seventh Biennial Statewide Survey Of Drug And Alcohol Use Among California Students In Grades 7, 9 And 11, California Attorney General's Office, Gregory Austin Ph.D., Rodney Skager Ph.D.

California Agencies

No abstract provided.


Knockin' On Heaven's Door: Rethinking The Role Of Religion In Death Penalty Cases, Gary J. Simson, Stephen P. Garvey Jul 2001

Knockin' On Heaven's Door: Rethinking The Role Of Religion In Death Penalty Cases, Gary J. Simson, Stephen P. Garvey

Cornell Law Faculty Publications

Religion has played a prominent role at various points of capital trials. In jury selection, peremptory challenges have been exercised against prospective jurors on the basis of their religion. At the sentencing phase, defendants have offered as mitigating evidence proof of their religiosity, and the prosecution has introduced evidence of the victim's religiosity. In closing argument, quotations from the Bible and other appeals to religion have long been common. During deliberations, jurors have engaged in group prayer and tried to sway one another with quotes from scripture.

Such practices have not gone unquestioned. Rather remarkably, however, the questions have ...


Whose News About Justice? [Review Essay], Mark Findlay Jul 2001

Whose News About Justice? [Review Essay], Mark Findlay

Research Collection School Of Law

Review of two books: Whose News About Justice? Nicholas Cowdery (2001), Getting Justice Wrong, Allen & Unwin, Sydney, ISBN 1865083224 & Jock Collins, Greg Noble, Scott Poynting & Paul Tabar (2001), Kebabs, Kids, Cops and Crime, Pluto Press, Sydney, ISBN 1864031131.


The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith Jun 2001

The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith

Faculty Scholarship at Penn Law

Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states (Wisconsin ...


Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin Jun 2001

Virtual Las Vegas: Regulate Or Prohibit?, Cara Franklin

Duke Law & Technology Review

With online gambling becoming increasingly accessible and popular, state and federal politicians are asking themselves how to make the prohibition on online gambling effective. Nevertheless, questions still linger as to whether outright prohibition is truly the right answer.


Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Editor Jun 2001

Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Editor

International Bulletin of Political Psychology

The IBPP editor discusses the logic/rationale behind the idea that convicted terrorists facing the death penalty should neither convicted nor face said penalty given that the soldiers are (or consider themselves to be) soldiers in a war.


Economic Espionage Act--Reverse Engineering And The Intellectual Property Public Policy, The, Craig L. Uhrich Jun 2001

Economic Espionage Act--Reverse Engineering And The Intellectual Property Public Policy, The, Craig L. Uhrich

Michigan Telecommunications & Technology Law Review

The publicity surrounding[...] incidents of industrial espionage resulted in a push for federal protections. In response to this pressure from U.S. industries, Congress passed the Economic Espionage Act of 1996 ("EEA"). The EEA protects trade secrets through the use of federal criminal sanctions." The EEA's provisions are introduced in Part I. Trade secrets are a form of intellectual property. Therefore, a basic understanding of intellectual property law is important to an analysis of the EEA. Part II of this Article provides an overview of the various forms of intellectual property. To be effective, the EEA must complement existing ...


Forecasting Life And Death: Juror Race, Religion, And Attitude Toward The Death Penalty, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Jun 2001

Forecasting Life And Death: Juror Race, Religion, And Attitude Toward The Death Penalty, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

Determining whether race, sex, or other juror characteristics influence how capital case jurors vote is difficult. Jurors tend to vote for death in more egregious cases and for life in less egregious cases no matter what their own characteristics. And a juror's personal characteristics may get lost in the process of deliberation because the final verdict reflects the jury's will, not the individual juror's. Controlling for the facts likely to influence a juror's verdict helps to isolate the influence of a juror's personal characteristics. Examining each juror's first sentencing vote reveals her own judgment ...


Pride And Prejudice: The Homosexual Panic Defense, Kara S. Suffredini May 2001

Pride And Prejudice: The Homosexual Panic Defense, Kara S. Suffredini

Boston College Third World Law Journal

Gays experience a disturbing paradox in American society today: while the gay rights movement enjoys increased visibility, gay-bashing is perhaps the most common and most rapidly increasing of hate-related crimes. The Homosexual Panic Defense (HPD) is based on the homosexual panic disorder, a scientific and medical explanation of, and justification for, the behavior of defendants who murder gay individuals. However, while used to justify some of the most frequent and heinous of hate crimes, the HPD has no uniform definition across cases and bears only a tenuous connection to the psychiatric disorder that legitimizes it. This Note explores the disassociation ...