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Full-Text Articles in Criminal Law
Can The Federal Government Use The Generic Wire Fraud Statute To Prosecute Public Officials For Corrupt Activities That Are Conducted For Political Rather Than Private Gain?, Nora V. Demleitner
Can The Federal Government Use The Generic Wire Fraud Statute To Prosecute Public Officials For Corrupt Activities That Are Conducted For Political Rather Than Private Gain?, Nora V. Demleitner
Scholarly Articles
The defendants, two former New Jersey officials convicted in “Bridgegate,” challenge the scope of federal prosecutorial power under the generic wire fraud statute, 18 U.S.C. § 1343. They argue that the government sidestepped the Court’s explicit prohibition on inquiries into an official’s real reasons for an official act, unless bribery or kickbacks are involved. The defendants urge the Court to foreclose the government from circumventing limitations on the honest-services fraud doctrine under McNally v. United States, 483 U.S. 350 (1987), and Skilling v. United States, 561 U.S. 358 (2010). The government argues that the defendants’ actions met all …
Conversations On The Warren Court's Impact On Criminal Justice: In Re Gault At 50, Cara H. Drinan
Conversations On The Warren Court's Impact On Criminal Justice: In Re Gault At 50, Cara H. Drinan
Scholarly Articles
This Article examines the Supreme Court’s landmark In re Gault decision of 1967, in which the Supreme Court ushered in the “due process era” of juvenile justice in America by determining that juveniles were entitled to the right to counsel and other procedural safeguards during delinquency proceedings. But this Article continues with a critical focus on the impact of the decision today, examining a dichotomy between what was declared a “revolution in children’s rights,” and how youth in the criminal justice system still have not seen the extent of constitutional protections declared necessary by Gault. Arguing that Gault …