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Articles 1 - 30 of 32
Full-Text Articles in Law
The Immunity In The Criminal Proceeding Of Foreign Countries, G. Tulaganova
The Immunity In The Criminal Proceeding Of Foreign Countries, G. Tulaganova
Review of law sciences
In this article is given the notion of immunity of evidence, problem of immunity of evidence in criminal proceduring legislation in developing countries, the exemtion is given to evidence. Moreover, to give recommendation to develop norms of national criminal proceduring legislation.
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Hofstra Law Review
A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …
Unreasonable Disagreement?: Judicial–Executive Exchanges About Charter Reasonableness In The Harper Era, Matthew A. Hennigar
Unreasonable Disagreement?: Judicial–Executive Exchanges About Charter Reasonableness In The Harper Era, Matthew A. Hennigar
Osgoode Hall Law Journal
Assessments of “reasonableness” are central to adjudicating claims under several Charter rights and the section 1 “reasonable limits” clause. By comparing Supreme Court of Canada rulings to facta submitted by the Attorney General of Canada to the Court, this article examines the federal government’s success under Prime Minister Harper at persuading the Supreme Court of Canada that its Charter infringements in the area of criminal justice policy are reasonable, and when they fail to do so, on what grounds. The evidence reveals that the Conservative government adopted a consistently defensive posture in court, never conceding that a law was unreasonable, …
The Death Penalty's Darkside: A Response To Phyllis Goldfarb's Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Kevin Barry, Bharat Malkani
The Death Penalty's Darkside: A Response To Phyllis Goldfarb's Matters Of Strata: Race, Gender, And Class Structures In Capital Cases, Kevin Barry, Bharat Malkani
Washington and Lee Law Review Online
In Matters of Strata: Race, Gender, and Class Structures in Capital Cases, Professor Phyllis Goldfarb examines the ways in which race, class, and gender affect the American criminal justice system generally, and its death penalty system in particular. This Response focuses on one of Goldfarb’s observations: The relationship between slavery and the death penalty. This relationship helps to explain why, over the past four decades, the thirteen states that comprised the former Confederacy have been responsible for nearly all of this nation’s executions. Although the U.S. Supreme Court has repeatedly failed to address the death penalty’s roots in slavery, …
Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona
Ordering Criminal Restitution: An Exercise In Overstepping Statutory Authority, Christopher W. Maidona
West Virginia Law Review
No abstract provided.
The Unintended Consequences Of California Proposition 47: Reducing Law Enforcement’S Ability To Solve Serious, Violent Crimes, Shelby Kail
Pepperdine Law Review
For many years, DNA databases have helped solve countless serious, violent crimes by connecting low-level offenders to unsolved crimes. Because the passage of Proposition 47 reduced several low-level crimes to misdemeanors, which do not qualify for DNA sample collection, Proposition 47 has severely limited law enforcement’s ability to solve serious, violent crimes through California’s DNA database and reliable DNA evidence. This powerful law enforcement tool must be preserved to prevent additional crimes from being committed, to exonerate the innocent, and to provide victims with closure through conviction of their assailants or offenders. Proposition 47’s unintended consequences have led to devastating …
Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak
Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak
Pepperdine Law Review
Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization …
Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe Of Criminal Defendants, Michael Vitiello
Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe Of Criminal Defendants, Michael Vitiello
Akron Law Review
Justice Scalia’s death has already produced a host of commentary on his career. Depending on the issue, Justice Scalia’s legacy is quite complicated. Justice Scalia’s commitment to originalism explains at least some of his pro-defendant positions. Some of his supporters point to such examples to support a claim that Justice Scalia was principled in his application of his jurisprudential philosophy. However, in one area, Justice Scalia was an unabashed foe of criminal defendants: his Eighth Amendment jurisprudential dealing with terms of imprisonment. There, based on his reading of the historical record, he argued that the Eighth Amendment’s prohibition against cruel …
Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton
Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton
Chicago-Kent Law Review
Sex crimes against children are uniquely heinous. Victims suffer extensive trauma that extends long into adulthood. But despite significant psychological data that indicates survivors of childhood sexual abuse cannot and do not report their victimization on a neat and predictable timeline, sixteen states still require them to do so. Criminal statutes of limitations on sex crimes against children protect predators, permitting them to run out the clock and move on to their next victim. This Note will argue that placing the burden on survivors of sexual abuse to report in time is not only psychologically unreasonable, but also harmful to …
Victimhood & Agency: How Taking Charge Takes Its Toll, Pam A. Mueller
Victimhood & Agency: How Taking Charge Takes Its Toll, Pam A. Mueller
Pepperdine Law Review
This Article addresses an unexplored tension in the civil justice system regarding victims. The goal of the civil system is to make victims whole. We can, as is most common, attempt to do this financially, or we can consider psychological research that suggests there may be other ways of restoring victims’ statuses. One of the most common nonfinancial solutions is to increase victim participation in the justice process. This is a solution that appeals to many victims and may benefit them psychologically. However, by increasing their participation, they may unknowingly trade off some of the benefits of victimhood. For instance, …
Who Got Away With Murder? An Analysis And Discussion About The Death Of Sam Keating In Season 1 Of Abc’S “How To Get Away With Murder”, Katelyn Squicciarini
Who Got Away With Murder? An Analysis And Discussion About The Death Of Sam Keating In Season 1 Of Abc’S “How To Get Away With Murder”, Katelyn Squicciarini
Pace Intellectual Property, Sports & Entertainment Law Forum
This article will address the individuals present in the home and the events surrounding the death of Sam Keating to see if anyone actually got away with murder. The remainder of the article will outline the details surrounding Sam’s death and will address the Felony Murder Rule and accomplice liability. The point of this article is not to make determinative decisions of how a court would rule. Rather, this will address the characters in question based on relevant case law and the Pennsylvania Code of Crimes. The individuals and potential charges would be subject to prosecutorial discretion and reasonable minds …
Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins
Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Intellectually Disabled Witness And The Requirement To Promise To Tell The Truth, Jonas-Sébastien Beaudry
The Intellectually Disabled Witness And The Requirement To Promise To Tell The Truth, Jonas-Sébastien Beaudry
Dalhousie Law Journal
Mentally disabled victims of sexual crimes may be prevented from acting as witnesses in a criminal trial if their mental capacity is challenged. They face an important obstacle to access justice if the case against their alleged aggressor mostly relies on their testimony In R. v. D.A.I., in 2012, the Supreme Court of Canada revisited the Canada Evidence Act's requirement of promising to tell the truth and lowered the previously ambiguous threshold of cognitive capacities required to satisfy this requirement. The Evidence Act has been amended in 2015 to reflect the Court's decision. While apparently facilitating people with mental disabilities' …
The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi
The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi
Pace Law Review
Supporters of hate crime legislation suggest that the primary reason for the codification of hate crime laws is “to send a strong message of tolerance and equality, signaling to all members of society that hatred and prejudice on the basis of identity will be punished with extra severity.” However, hate crime laws may actually be accomplishing the opposite effect of tolerance and equality because they encourage U.S. citizens to view themselves, not as members of our society, but as members of a protected group. The enactment of hate crime legislation at the federal and state levels has led to unintended …
Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. Mccall, Madhavi M. Mccall
Quantifying The Contours Of Power: Chief Justice Roberts & Justice Kennedy In Criminal Justice Cases, Michael A. Mccall, Madhavi M. Mccall
Pace Law Review
This Article seeks to contribute to the debate with an empirical analysis of voting behavior in criminal justice cases decided during the first ten Terms of the Roberts Court era. The following section presents the study’s case selection and introduces the types of measures used to illuminate influence on the High Court (Part II). Court- and individual-level tendencies (Part III) identify potential spheres of influence occupied by Chief Justice Roberts and Justice Kennedy. These bases of judicial power are examined separately in Part IV (Chief Justice Roberts) and Part V (Justice Kennedy). Some possible implications of Justice Scalia’s death on …
The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston
The Private Search Doctrine And The Evolution Of Fourth Amendment Jurisprudence In The Face Of New Technology: A Broad Or Narrow Exception?, Adam A. Bereston
Catholic University Law Review
The advent of new technology has presented courts with unique challenges when analyzing searches and seizures under the Fourth Amendment. Out of necessity, the application of the Fourth Amendment has evolved to address privacy issues stemming from modern technology that could not have been anticipated by the Amendment’s drafters. As part of this evolution, the Supreme Court devised the “private search” doctrine, which upholds the constitutionality of warrantless police searches of items that were previously searched by a private party, so long as the police search does not exceed the scope of the private-party search. However, courts have struggled to …
Criminal Law As Family Law, Andrea L. Dennis
Criminal Law As Family Law, Andrea L. Dennis
Georgia State University Law Review
The criminal justice system has morphed dramatically over the last several decades, achieving more pervasive control over the lives of individuals than ever before. The expansion began with the proliferation of criminal statutes, generating the now well-known concept of over-criminalization. The expansion also encompassed increasing the range of possible sanctions for criminal misbehavior and creating overlapping enforcement regimes. Two more instances of criminal justice expansion include mass surveillance and policies and practices that swept youth out of the juvenile justice system and into the criminal justice system. A product of the expansion has been mass incarceration; more individuals than at …
On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring
On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring
Nevada Law Journal
No abstract provided.
Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir
Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir
Pepperdine Law Review
Despite its devastating psychological, physical, and developmental effects on juveniles, solitary confinement is used in juvenile correctional facilities across the United States. This Comment posits that such treatment violates the Eighth Amendment’s Cruel and Unusual Punishment Clause, the United Nations’ Convention on the Rights of the Child, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. It likewise argues that that President Obama’s recent Executive Order banning juvenile solitary confinement is simply not a powerful enough remedy and discusses why it must be paired with Congressional legislation or Supreme Court jurisprudence if it is to …
The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler
The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler
Washington and Lee Law Review Online
No abstract provided.
Constitutional Law—Fourth Amendment Search And Seizure—We've Got Ourselves In A Pickle: The Supreme Court Of Arkansas's Recent Expansion Of Fourht Amendment Rights May Have Unintended Consequences. Pickle V. State, 2015 Ark. 286, 466 S.W. 3d 410, Ben Honaker
University of Arkansas at Little Rock Law Review
No abstract provided.
Efficiency, Enforcement, And Punishment, Jim Staihar
Efficiency, Enforcement, And Punishment, Jim Staihar
Notre Dame Journal of Law, Ethics & Public Policy
The law and economics literature on punishment reveals strong reasons of efficiency to adopt an extreme enforcement policy for any type of crime as a means to promoting deterrence. Under such an extreme policy, a crime’s severity of punishment would be set extremely high, but its probability of punishment would be set extremely low by minimizing the resources devoted to enforcing the law against the crime. This sort of policy applied to a moderately serious crime, such as a simple assault, would seem strongly unreasonable all things considered. However, it is not immediately obvious why such a policy would be …
Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan
Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
A mentally-impaired accused who cannot comprehend the nature of the proceedings or assist his counsel in presenting his defense to the criminal charge cannot be tried as a matter of due process of law. In Jackson v. Indiana, 1 the United States Supreme Court held that due process concerns also bar the never-ending jeopardy resulting from an inability to restore an impaired accused to competence for purposes of proceeding to trial. When an Arkansas circuit court ordered the dismissal of pending criminal charges against an impaired accused who could not be restored to fitness for trial, the Arkansas Supreme Court, …
The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai
The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai
Mitchell Hamline Law Review
No abstract provided.
People V. Marian, Jakub D. Brodowski
#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin
#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin
NYLS Law Review
No abstract provided.
People V. Marian, Caroline Galda
Legal Strategies For Defending The Combat Veteran In Criminalcourt, Brockton D. Hunter, Ryan Christian Else
Legal Strategies For Defending The Combat Veteran In Criminalcourt, Brockton D. Hunter, Ryan Christian Else
Mitchell Hamline Law Review
No abstract provided.
Criminal Law—When Apples Tatse Like Oranges, You Cannot Judge A Book By Its Cover: How To Fight Emerging Synthetic "Designer" Drugs Of Abuse, Andrew Payne Norwood
Criminal Law—When Apples Tatse Like Oranges, You Cannot Judge A Book By Its Cover: How To Fight Emerging Synthetic "Designer" Drugs Of Abuse, Andrew Payne Norwood
University of Arkansas at Little Rock Law Review
No abstract provided.
Utah And Sports Law, Adam Epstein