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Articles 1 - 19 of 19
Full-Text Articles in Law
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
Articles in Law Reviews & Other Academic Journals
No abstract provided.
One Small Step: The Past, Present, And Future Of The Federal Sentencing System , Matthew Jill
One Small Step: The Past, Present, And Future Of The Federal Sentencing System , Matthew Jill
ExpressO
The federal sentencing guidelines, which focus on offense based statistical consistency, had a ripple effect that molded the entire federal sentencing system in it’s wake; this article is an individual case study demonstrating the flaws of a consistency based sentencing system, the injustice such a system can create, and why United States v. Booker is only the first step in creating a fair and effective sentencing system.
The Model Federal Sentencing Guidelines Project: Adjustments For Guilty Pleas And Cooperation With The Government, Model Sentencing Guidelines §3.7 - 3.8, Frank O. Bowman Iii
The Model Federal Sentencing Guidelines Project: Adjustments For Guilty Pleas And Cooperation With The Government, Model Sentencing Guidelines §3.7 - 3.8, Frank O. Bowman Iii
Faculty Publications
This Article is the tenth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at http://ssrn.com/abstract=927929. This segment of the project contains rules addressing cases in which the …
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
Faculty Scholarship
No abstract provided.
Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel
Misnamed, Misapplied, And Misguided: Clarifying The State Of Sentencing Entrapment And Proposing A New Conception Of The Doctrine, Jess D. Mekeel
William & Mary Bill of Rights Journal
No abstract provided.
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson
Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Reforming The Crime Of Libel, Clive Walker
The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Jennifer Llewellyn, Bruce Archibald
The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Jennifer Llewellyn, Bruce Archibald
Articles, Book Chapters, & Popular Press
The Nova Scotia Restorative Justice Program ("NSRJ") is one of the oldest and by all accounts the most comprehensive in Canada. The program centres on youth justice, and operates through referrals by police, prosecutors, judges and correctional officials to community organizations which facilitate restorative conferences and other restoratively oriented processes. More than five years of NSRJ experience with thousands of cases has led to a considerable rethinking of restorative justice theory and practice in relation to governing policies, standards for program implementation and responses to controversial issues. The purpose of this paper is to explore the significance of the Nova …
Common Law Police Powers And Exclusion Of Evidence: The Renaissance Of Good Faith, Steve Coughlan
Common Law Police Powers And Exclusion Of Evidence: The Renaissance Of Good Faith, Steve Coughlan
Articles, Book Chapters, & Popular Press
Canadian courts have become far more willing in recent years to rely on the common law as a source of new police powers. Where once the test from R. v. Waterfield was an exception and an afterthought to what was otherwise the general rule of insistence upon statutory sources for police powers, more recently that test seems to be in the forefront of judges' minds as they decide cases. That 1963 British decision has been cited by Canadian courts roughly as often in the last eight years as in the first 35 years after it was decided. Since 1999 the …
Privacy Goes To The Dogs, Steve Coughlan
Privacy Goes To The Dogs, Steve Coughlan
Articles, Book Chapters, & Popular Press
It becomes increasingly clear, with the decision of the Newfoundland Court of Appeal in R. v. Taylor, ante, that the question of whether police use of sniffer dogs constitutes a search, and if so when, will need to be addressed by the Supreme Court of Canada. In particular the question of whether R. v. Tessling has changed the approach to reasonable expectation of privacy as dramatically as some courts have suggested must be settled. Other questions will also need to be addressed.
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Under-Appreciated Value Of Advisory Guidelines, Erica J. Hashimoto
The Under-Appreciated Value Of Advisory Guidelines, Erica J. Hashimoto
Scholarly Works
The Sentencing Reform Act of 1984 provided that the trial court "shall impose a sentence of the kind, and within the range" set forth in the United States Sentencing Guidelines ("Guidelines") issued by the Sentencing Commission. With that one phrase, the Act created a system of guidelines that was binding upon judges, rather than simply advisory. Concerns about excessive disparity and undue leniency in sentencing unquestionably drove the political coalition that passed the Act. It is not clear, however, why Congress believed that mandatory-as opposed to advisory-guidelines were necessary to address those concerns. With the benefit of hindsight, it is …
A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara
A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara
Fordham Urban Law Journal
This Article reviews the law on deceptive interrogation practices, discusses empirical evidence of the role police deception plays in eliciting false confessions and argues that the law should circumscribe interrogation techniques that rely on misrepresentation to induce suspects into incriminating themselves. This Article also asserts that there are good policy reasons, in addition to the increasing exposure of wrongful convictions, which should encourage courts and legislators to proscribe the use of deception by law enforcement in a criminal justice system expressly designed to elicit the truth about a crime.
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
Erik Luna
No abstract provided.
Self-Defence In Criminal Law, Boaz Sangero
Self-Defence In Criminal Law, Boaz Sangero
Prof. Boaz Sangero
Self-Defence in Criminal Law - book reviews: (1) Boaz Sangero's project and ambition – in which he largely succeeds – is to provide a doctrinally sound framework for the analysis and critique of self defence as it operates in a variety of legal systems. His methodology is a mixture of inductive and deductive strategies.…Sangero has valuable thoughts to offer, and the analytical strength of his framework is powerfully demonstrated throughout…the reader who seeks answers to the more fundamental questions raised by Leverick [Killing in Self-Defence, OUP] at the start of her work had better turn to Sangero's book to find …
A New Defense For Self-Defense, Boaz Sangero
A New Defense For Self-Defense, Boaz Sangero
Prof. Boaz Sangero
Private defense, like self-defense, has been virtually undisputed both in the past and present and even taken for granted, and perhaps particularly for this reason, sufficient attention has not always been given to the rationale underlying private defense. As a result, the legal arrangements set for private defense in the different legal systems are deficient, inconsistent, and, at times, replete with internal contradictions. This Article seeks to propose a sound rationale for the concept of private defense. It begins by attempting to clearly and precisely delineate the scope of the defense and weed out cases that are occasionally (and, I …
Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger
Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger
Robert M. Sanger
Essay on the Role of the Criminal Defense Lawyer. Criminal defense lawyers are often asked, "How can you represent "those" people?" The article contends that the answer is that the defense lawyer's job is to stand up for the dignity of the individual client and demand respect from the system for that client.
When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi
When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.