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Articles 1 - 7 of 7
Full-Text Articles in Criminal Law
The Admissibility Of Hearsay Evidence In New York State Sex Offender Civil Commitment Hearings After State V. Floyd Y.: Finding A Balance Between Promoting The General Welfare Of Sexual Assault Victims And Providing Due Process Of Law, Brittany K. Dryer
Fordham Law Review
In twenty states throughout the country, the government may petition for the civil commitment of detained sex offenders after they are released from prison. Although processes differ among the states, the government must generally show at a court proceeding that a detained sex offender both suffers from a mental abnormality and is dangerous and that this combination makes a detained sex offender likely to reoffend. At such court proceedings, both the government and the respondent will present evidence to either the court or the jury on these issues. As in most court proceedings, hearsay evidence is inadmissible at sex offender …
No Money, No Lawyer — No Children: The Right To Counsel For Indigent Defendants In Nevada Termination Of Parental Rights Proceedings, Erik J. Foley
No Money, No Lawyer — No Children: The Right To Counsel For Indigent Defendants In Nevada Termination Of Parental Rights Proceedings, Erik J. Foley
Nevada Law Journal
No abstract provided.
Civil Rico: The Legal Galaxy's Black Hole, Virginia M. Morgan
Civil Rico: The Legal Galaxy's Black Hole, Virginia M. Morgan
Akron Law Review
The Racketeer Influenced and Corrupt Organization (RICO) statute' was enacted as part of the Organized Crime Control Act of 1970. Congress passed it in response to a growing concern over the pervasive influence of organized crime in America? The statute contains both criminal penalties and civil sanctions, and civil RICO actions are available to both the government and to private individuals. It is a complex, powerful, and controversial law. In its private civil version, RICO is evolving into something quite different from the original conception of its enactors? It offers a federal forum and mandatory treble damages with attorneys fees …
Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson
Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson
Akron Law Review
With Japan marking its three-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore future possibilities. More significantly, this paper asserts that the convergence of various forces makes this an ideal time to expand lay participation into the civil realm so as to enhance the justice process and fully achieve the objectives of Japan’s major legal reforms. Accordingly, this paper is separated into three sections. First, Part I details the underpinnings of Japan’s new lay judge system and examines its triumphs and …
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie
Indiana Law Journal
In a series of studies involving over six hundred trial judges in three countries, we demonstrate that trial judges’ civil damage awards and criminal sentences are subject to influences that make them erratic. We found that the presence of misleading numeric reference points (or “anchors”) affected judges’ decisions in a series of hypothetical cases. Specifically, judges imposed shorter sentences when assigning sentences in months rather than in years; awarded higher amounts of compensatory damages when informed of a cap on damage awards; imposed different sentences depending upon the sequence in which criminal cases were presented to them; and were influenced …
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Northwestern University Law Review
In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …
Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw
Reasonable Expectations Of Privacy Settings: Social Media And The Stored Communications Act, Christopher J. Borchert, Fernando M. Pinguelo, David Thaw
Duke Law & Technology Review
In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern for the implications of the Third-Party Records Doctrine—a judicially created doctrine that generally eliminates Fourth Amendment protections for information entrusted to third parties—Congress sought to tailor the SCA to electronic communications sent via and stored by third parties. Yet, because Congress crafted the SCA with language specific to the technology of 1986, courts today have struggled to apply the SCA consistently with regard to similar private content sent using different …