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2004

Criminal Law and Procedure

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Institution
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Articles 61 - 78 of 78

Full-Text Articles in Law

What's Wrong With Harmless Theories Of Punishment, Kenworthey Bilz, John M. Darley Jan 2004

What's Wrong With Harmless Theories Of Punishment, Kenworthey Bilz, John M. Darley

Kenworthey Bilz

This paper argues that both consequentialist and retributivist punishment philosophies rest on similar analyses of the social value of punishable behavior; that is, they both rest on definitions of what counts as a “harm” of crime. The different outcomes the different philosophies produce stem from competing conclusions about which of those harms are empirically valid or morally legitimate. Once we have spelled out what counts as the harms of crime, however, retributivist and consequentialist philosophies add little to the equation. Alternative punishment regimes at their best are up front about offering a distinctive account of the harms of crime. When …

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Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson Jan 2004

Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.

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Derecho Penal, Luis E. Chiesa Jan 2004

Derecho Penal, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts Jan 2004

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard Jan 2004

Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers Jan 2004

New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This article addresses the general principles of attempt liability, including a description of the doctrines of factual and legal impossibility and the rationale behind the historical treatment of these defenses. Part III describes recent Internet attempt cases, and Part IV analyzes issues raised by such cases. This article suggests that the new Internet cases provide further rationale for rejecting a distinction between factual and legal impossibility that would allow the latter to be a defense. This article also discusses issues surrounding the appropriate mens rea for attempt, and its applicability to Internet cases, where the defendants claim ignorance or indifference …

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Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin Jan 2004

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.

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Offensive Issue Preclusion In The Criminal Context: Two Steps Foward, One Step Back, Michelle S. Simon Jan 2004

Offensive Issue Preclusion In The Criminal Context: Two Steps Foward, One Step Back, Michelle S. Simon

Elisabeth Haub School of Law Faculty Publications

This article addresses whether the expansion of the doctrine of issue preclusion in the federal criminal area should mirror the expansion of the doctrine in the federal civil area. The article examines the general requirements of issue preclusion and the evolution of issue preclusion in both the civil and criminal context. Next, this article examines the current status of offensive and defensive issue preclusion when the first suit is civil and the second suit is criminal, the first suit is criminal and the second suit is civil, and where both the first and second action is criminal. The article then …

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The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell Jan 2004

The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …

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Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa Jan 2004

Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas Jan 2004

The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

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Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach Jan 2004

Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach

All Faculty Scholarship

No abstract provided.

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The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas Jan 2004

The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

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Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson Dec 2003

Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.

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Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston Dec 2003

Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston

James B Johnston

The 9/11 hijackers received much of the money they used to implement their plan of murder by funnelling money sent to them by Al Qaeda opertives to banks located in NJ. As a result the NJ legislature signed off on powerful terrorist financing legislation when it passed the September 11, 2001 Anto Terrorism Act. This article provides a step by step analysis of these new statutes and discusses other state legislation that can allow law enforcement to confiscate money linked to terrorism.

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Terrorism And The Financial Sector: Are The Right Prosecutorial Tools Being Used?, Stefan D. Cassella Dec 2003

Terrorism And The Financial Sector: Are The Right Prosecutorial Tools Being Used?, Stefan D. Cassella

Stefan D Cassella

The article suggests that the statutes enacted to deal specifically with terrorist financing are not always the most appropriate vehicles either for bringing criminal charges or recovering assets under the forfeiture laws, but that most traditional and generic statutes, such as those dealing with money laundering, bulk cash smuggling and currency reporting violations might be more effective in most cases.

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Bulk Cash Smuggling And The Globalization Of Crime, Stefan D. Cassella Dec 2003

Bulk Cash Smuggling And The Globalization Of Crime, Stefan D. Cassella

Stefan D Cassella

The articles discusses the legislative history of the bulk cash smuggling statute, 31 U.S.C. 5332, and constitutional issues raised under the Excessive Fines Clause of the Eighth Amendment when the government seeks to use the statute to forfeit the currency being smuggled.

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The Forfeiture Of Property Involved In Money Laundering Offenses, Stefan D. Cassella Dec 2003

The Forfeiture Of Property Involved In Money Laundering Offenses, Stefan D. Cassella

Stefan D Cassella

The article discusses in detail the legal theories that the government uses to forfeit property involved in money laundering offenses under both the civil and criminal forfeiture laws. The money laundering offenses include violations of 18 U.S.C. 1956 and 1957, as well as the anti-structuring and bulk cash smuggling statutes in Title 31.

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