Law Commons^™

The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern

Pace Law Review

No abstract provided.

Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle

Pace Law Review

No abstract provided.

The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale

Pace Law Review

No abstract provided.

Prison Oversight And Prison Leadership, Stan Stojkovic

Pace Law Review

No abstract provided.

The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green

Pace Law Review

No abstract provided.

Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach

Pace Law Review

No abstract provided.

From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin

Pace Law Review

No abstract provided.

Distinguishing The Various Functions Of Effective Prison Oversight, Michele Deitch

Pace Law Review

No abstract provided.

Opening Up A Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch

Pace Law Review

No abstract provided.

What Is Reasonable Cause To Believe?: The Mens Rea Required For Conviction Under 21 U.S.C. § 841, Jonathan L. Hood

Pace Law Review

No abstract provided.

Losing Your Head In The Washer – Why The Brainwashing Defense Can Be A Complete Defense In Criminal Cases, Rebecca Emory

Pace Law Review

No abstract provided.

Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber

Diane Webber

The paper examines current methods of preventive detention in the United States, that is the detaining of a suspect on home soil to prevent a terrorist attack. This paper looks at two recent events: the Fort Hood shootings and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. I demonstrate that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible …

Selected Problems In The Administration Of Criminal Justice, Alvin H. Goldstein Jr.

Cal Law Trends and Developments

What follows is an effort to focus attention on certain problem areas in the day-to-day administration of justice. They are problems not so much because of their complexity, but rather because uncertainty persists despite considerable discussion of the rules governing each area. I have selected preliminary hearings, bail, appointment of counsel, sua sponte judicial dismissals, and reasonable doubt as appropriate topics for this chapter. There are, of course, numerous others entitled to treatment, but each of those selected relates to a subject over which the trial judge may exercise an extremely broad discretion. The exercise of this discretion may alter …

Judicial Dilemmas In Enforcement Of Drug Abuse Laws, Alvin H. Goldstein Jr.

Cal Law Trends and Developments

No abstract provided.

Criminal Law And Procedure, Rex A. Collings Jr.

Cal Law Trends and Developments

No abstract provided.

Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough

University of Richmond Law Review

The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.

Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp

American University Law Review

This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …

"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker—And The Role Of The Due Process Clause, Lynn Mclain

All Faculty Scholarship

A woman tells her roommate that she is going out to dinner with Frank that evening. The next morning her battered body is found along a country road outside of town. In Frank’s trial for her murder, is her statement to her roommate admissible to place Frank with her that night? Since the Court’s 2004 Crawford decision, the confrontation clause is inapplicable to nontestimonial hearsay such as this.

American jurisdictions are widely divided on the question of admissibility under their rules of evidence, however. Many say absolutely not. A sizeable number unequivocally say yes. A small number say yes, but …

Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele

William & Mary Law Review

Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally deficient prison conditions led a federal court to order the release of 40,000 state prisoners. In Oregon, Michigan, Connecticut, Vermont, and Delaware, spending on corrections now exceeds spending on higher education. Across the nation, more than one of every one hundred Americans is behind bars. When the financial crisis of 2008 dealt its blow, state correctional budgets were already nearing a breaking point. Now, in the wake of unprecedented budget shortfalls, state governments have been forced to confront a difficult …

Admitting Guilt By Professing Innocence: When Sentence Enhancements Bases On "Alford" Pleas Are Unconstitutional, Anne D. Gooch

Vanderbilt Law Review

A few days before Christmas in 1994, in Vineland, New Jersey, Charles Apprendi, Jr. was drunk. At 2:04 a.m., he fired several shots from a .22 caliber gun into the home of an African-American family in his neighborhood. By 3:05 a.m., he had been arrested and had admitted that he was the shooter. Apprendi was interrogated for several hours after these events. At 6:04 a.m., he apparently stated that he committed the crime because the victims were black, but he later retracted this statement. Apprendi was indicted on twenty-three counts in connection with the shooting, and eventually pleaded guilty to …

The Messy Reality Of Organised Crime Research, Mark Findlay, Nafis Hanif

Research Collection School of Social Sciences

The analysis starts out by confronting and exposing the ideological motivations for dualism in conventional organised crime research. In order to suggest a cognitive pathway beyond this restrictive normative frame, it is essential to appreciate its potency and resilience. Law enforcement language buoyed up by popular culture representations of gangs, syndicates and crime bosses have become the accepted starting point for much research in the field. Research from this perspective, we suggest, plays its own part in organised crime mystification and as such retards the critical utility of enterprise theory. Next the paper shows how distracted and distorted theorising infects …

Inherent (Gender) Unreasonableness Of The Concept Of Reasonableness In The Context Of Manslaughter Committed In The Heat Of Passion, Antonia Elise Miller

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

No abstract provided.

In Drag On Drugs, Ibpp Editor

International Bulletin of Political Psychology

Since commentators generally assert that the war on illegal and illicit drugs has been a failure, we should evaluate the assertion and, then, opine on why there is a war, winnable or not.

Criminal Law And Procedure, Rex A. Collings Jr.

Cal Law Trends and Developments

Probably the single most important development of the year came from the Joint Committee for the Revision of the Penal Code. That committee published its Tentative Draft No.1. The draft deals with general principles of liability, defenses, kidnapping and related crimes, sex crimes and arson. Other drafts are expected in the near future. It is hoped that the ultimate result will be a modernization of the Penal Code of 1872, which is badly in need of clarification and revision. Since 1872, there has never been a continuing and coordinated effort to develop a coherent and comprehensive code.

Another important development …

Returning Prosecutions To The States: A Proposal For A Criminal Justice Restoration Act, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The expensive and largely redundant Federal justice bureaucracy could be reduced to a fraction of its size by restoring to the states their traditional role of prosecuting crimes that fall under state jurisdiction. Returning criminal justice functions to the states can not only reduce the impact and effective reach of Federal power but can also achieve a surprisingly substantial decrease in Federal spending.

A small change in the wording of an existing Federal statute could accomplish the restoration.

This essay sets out and briefly analyses such a proposal.

What's The Deference?: United States V. Hinkson Outlines A New Test For “Abuse Of Discretion”, William B. Jones

Golden Gate University Law Review

Prior to United States v. Hinkson, under the prevailing analysis used to determine whether the trial court had engaged in an “abuse of discretion,” there was arguably “no effective limit” on an appellate court’s power to substitute its own judgment for that of the district court. Rather, it was left to the appellate panel to decide whether it had a “definite and firm conviction that [a] mistake [had] been committed,” or whether a trial court’s factual finding was even “permissible.” But in Hinkson, an en banc panel of the Ninth Circuit took the opportunity to elaborate on the abuse-of-discretion standard. …

“When Can I Tase Him, Bro?”: Bryan V. Mcpherson And The Propriety Of Police Use Of Tasers, Sam W. Wu

Golden Gate University Law Review

This Case Summary begins by detailing the factual and procedural history of Bryan. Next, it outlines the “reasonable use of force” analysis of the Ninth Circuit as applied to Tasers. Finally, it concludes by briefly discussing the broad implications of Bryan, both for law enforcement and for every individual who may someday find himself or herself facing a police officer armed with a Taser.

Possession Of Reading Material And Intent To Commit A Crime In United States V. Curtin, Anna L. Benvenue

Golden Gate University Law Review

The majority opinion in United States v. Curtin held that simple possession of reading material can be evidence of a defendant's criminal intent, even without proof that the accused ever read the materials. Circuit Judge Stephen S. Trott, who wrote the majority decision, overruled prior Ninth Circuit precedent that would have made such evidence inadmissible as irrelevant under Federal Rule of Evidence 401. However, the majority also found the district court judge's failure to properly analyze the evidence under Rule 403 warranted reversal and remand. As a result, the remaining seven judges on the panel filed or joined concurrences, rather …

Summary Of Hoagland V. State, 126 Nev. Adv. Op. 37, Meredith Still

Nevada Supreme Court Summaries

The district court rejected appellant Richard William Hoagland’s argument that necessity is a defense to driving under the influence of alcohol (DUI). The judge did not permit Hoagland to submit jury instructions on the defense or to present evidence to the jury to support the defense. In this case, the Nevada Supreme Court considered whether a defendant may assert a necessity defense to DUI.

Out Of Step: When The California Street Terrorism Enforcement And Prevention Act Stumbles Into Penal Code Limits, J. Franklin Sigal

Golden Gate University Law Review

This Comment focuses on how the multiple-punishment prohibition of section 654 applies to the enhancements of one particular California statute: the Street Terrorism Enforcement and Prevention ("STEP") Act, a piece of anti-gang legislation passed in 1988 in the wake of rampant gang-related violence in the Los Angeles area. Specifically, this discussion centers on the imposition of multiple gang-enhancement provisions on a single defendant who engages in a single crime spree. If section 654 does apply to gang enhancements, then the prosecutorial practice of attaching them to every criminal charge in an indictment violates the intent of this Penal Code section, …