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Full-Text Articles in Criminal Law
Due Process Supreme Court Appellate Division
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, …
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 …
No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith
No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith
University of Miami Law Review
Pimps and johns who sexually exploit children garner instant public and scholarly outrage for their lust for a destructive “quick fix.” In actuality, many justifiably concerned scholars, policymakers, and members of the public continue to react over-simplistically and reflexively to the issue of child sex trafficking in the United States—also known as commercial sexual exploitation of children (CSEC)—in a manner intellectually akin to immediate gratification. Further, research reveals that the average john is an employed, married male of any given race or ethnicity, suggesting that over-simplification and knee-jerk thinking on CSEC are conspicuous. This Article raises provocative questions that too …
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss
Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss
Pepperdine Law Review
No abstract provided.
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Animal Law Review
North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
The O.J. Inquisition: A United States Encounter With Continental Criminal Justice, Myron Moskovitz
The O.J. Inquisition: A United States Encounter With Continental Criminal Justice, Myron Moskovitz
Vanderbilt Journal of Transnational Law
October 3, 1995 marked the end of the O.J. Simpson double murder trial, which lasted 474 days and was billed "the trial of the century." After less than four hours of deliberation, the jury acquitted Mr. Simpson of all charges. The following article is a dramatization of how a case similar to the Simpson trial might be handled by a civil-law European criminal justice system.
Utilizing an unusual format, Professor Myron Moskovitz examines and illustrates the differences between the United States and civil-law European criminal justice systems. The author uses a play script inspired by the events in the trial …