Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- File Type
Articles 1 - 30 of 49
Full-Text Articles in Criminal Law
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Paul Marcus
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Paul Marcus
No abstract provided.
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
Moving Beyond Miranda: Concessions For Confessions, Scott Howe
Moving Beyond Miranda: Concessions For Confessions, Scott Howe
Scott W. Howe
Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of …
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
O. Carter Snead
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Shredded Fish Redux, Robert Sanger
Shredded Fish Redux, Robert Sanger
Robert M. Sanger
The Yates case, in which certiorari had been granted to the United States Court of Appeals for the Eleventh Circuit had been discussed in a previous column of Criminal Justice. The article was entitled “Shredded Fish” because the sea captain in Yates was prosecuted under the document shredding provisions of the Sarbanes-Oxley Act of 2002 for destroying fish. That case has now been decided by the United States Supreme Court in Yates v. United States, on February 25, 2015. The case involves the rule of lenity as well as a discussion of overcriminalization.
To Furman Or Not To Furman, Robert M. Sanger
To Furman Or Not To Furman, Robert M. Sanger
Robert M. Sanger
In capital litigation, the United States Supreme Court in Furman v. Georgia and following cases required capital punishment systems to have a form of "narrowing" so that the death penalty was imposed only on the worst of the worst. The death penalty states have failed to successfully implement this concept. As a result, "narrowing" is currently raised in all capital cases by competent defense counsel both at trial and in post conviction litigation. It is raised in addition to all other issues, including issues related to the questions of whether exclusion from the death penalty should be expanded and whether …
Iq, Intelligence Testing, Ethnic Adjustments And Atkins, Robert M. Sanger
Iq, Intelligence Testing, Ethnic Adjustments And Atkins, Robert M. Sanger
Robert M. Sanger
Double Jeopardy, The Federal Sentencing Guidelines, And The Subsequent-Prosecution Dilemma, Elizabeth T. Lear
Double Jeopardy, The Federal Sentencing Guidelines, And The Subsequent-Prosecution Dilemma, Elizabeth T. Lear
Elizabeth T Lear
The choice to embrace a real-offense regime probably constitutes the single most controversial decision made by the Federal Sentencing Commission in drafting the Federal Sentencing Guidelines ("Guidelines"). Real-offense sentencing bases punishment on a defendant's actual conduct as opposed to the offense of conviction. The Guidelines sweep a variety of factors into the sentencing inquiry, including criminal offenses for which no conviction has been obtained. Under the Guidelines, therefore, prosecutorial charging decisions and even verdicts of acquittal after jury trial may have little impact at sentencing.
Long before the adoption of the Guidelines, courts bent on rationalizing the real-offense regime devised …
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
Judith L Ritter
By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …
Beyond Breard, Erik G. Luna, Douglas J. Sylvester
Psychopathy And Sentencing, Erik Luna
The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron
The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron
Danielle Keats Citron
We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these technologies raise. In United States v. Jones, the Supreme Court signaled an end to its silent acquiescence in this expanding surveillance state. In that case, five justices signed concurring opinions defending a revolutionary proposition: that citizens have Fourth Amendment interests in substantial quantities of …
Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger
Police Can Stop You For Having A License Plate Bracket On Your Car, Beau James Brock, Rikki Weger
Beau James Brock
The Fourth Amendment must be protected from police excesses. Now, law enforcement is relying upon the most hyper-technical of violations to stop a vehicle. Both attorneys and judges must guard against the temptation that the ends will justify the means, only to find out later we sold out our freedom to the golden calf of drug interdiction.
Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna
Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna
Erik Luna
No abstract provided.
The Prosecutor In Transnational Perspective, Erik Luna, Marianne Wade
The Prosecutor In Transnational Perspective, Erik Luna, Marianne Wade
Erik Luna
No abstract provided.
Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman
Massachusetts Firearms Prosecutions In The Wake Of Melendez-Diaz, Kevin P. Chapman
Kevin P. Chapman
The Supreme Court ruling in Melendez-Diaz fundamentally changed the way that firearms offenses are prosecuted in Massachusetts. This paper presents the history of firearms prosecutions and the current state of the law, and it raises several unanswered questions that could further change the nature of future firearms prosecutions.
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins
Ira P. Robbins
The Practice Of Criminal Defence: Why We Fight And Defend Those Most Imperilled, Every Day, Beau James Brock
The Practice Of Criminal Defence: Why We Fight And Defend Those Most Imperilled, Every Day, Beau James Brock
Beau James Brock
Being a criminal defense attorney is a special calling. Aside from dealing with the human element, they also fight daily to see the government acts within the bounds established by the Bill of Rights.
The Empire Strikes Back: How To Prepare & Respond To Environmental Criminal Investigations, Beau James Brock, Andre Belanger
The Empire Strikes Back: How To Prepare & Respond To Environmental Criminal Investigations, Beau James Brock, Andre Belanger
Beau James Brock
Powerpoint presentation on defending corporations, individuals, and governmental entities who are under criminal investigation by EPA.
The Practice Of Criminal Defense: Principles Of Why We Fight, Beau James Brock, Andre Belanger
The Practice Of Criminal Defense: Principles Of Why We Fight, Beau James Brock, Andre Belanger
Beau James Brock
The eleven principles of why and how we are proud to professionally represent families in need in the practice of criminal law.
Getting To Know Some Of Baton Rouge's Young Public Defenders, Beau James Brock
Getting To Know Some Of Baton Rouge's Young Public Defenders, Beau James Brock
Beau James Brock
Article interviewing some of East Baton Rouge Parish young Public Defenders. Published along with companion article interviewing some of the young Assistant District Attorneys in East Baton Rouge in the same issue of the Around the Bar magazine.
Getting To Know Some Of Baton Rouge's Young Prosecutors, Beau James Brock
Getting To Know Some Of Baton Rouge's Young Prosecutors, Beau James Brock
Beau James Brock
Article on some of our young prosecutors in East Baton Rouge Parish.
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
A New Clear And Present Danger: Security, Freedom And Ordered Liberty On The Home Front During The War Against Terrorism, Beau James Brock
A New Clear And Present Danger: Security, Freedom And Ordered Liberty On The Home Front During The War Against Terrorism, Beau James Brock
Beau James Brock
Regardless of the foreign policy rationalizations for failing to respond to Osama Bin Laden’s declaration of war against the United States prior to September 11th, we are faced with a de facto state of war, for over a full decade now, that will require an ever vigilant and determined commitment in order to secure the domestic security of our land. The use of available technology to break through our opponents’ intelligence networks has been a vital instrument of victory in past wars and will be in this struggle we now face. But, where is the line marking appropriate federal action …
After The Crisis: Consequences, Beau James Brock
After The Crisis: Consequences, Beau James Brock
Beau James Brock
Powerpoint presentation on potential consequences of failing to properly plan and prepare for environmental incidents which may result in dire civil or criminal liability. Also, a discussion of the LDEQ and EPA upcoming enforcement directives is included.
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
David C. Gray
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Richard C. Boldt
This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
Richard C. Boldt
No abstract provided.