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Criminal Law Commons™

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2015

Articles 1 - 24 of 24

Full-Text Articles in Criminal Law

Discovery And Adequate Plea Colloquys, R. Michael Cassidy Nov 2015

Discovery And Adequate Plea Colloquys, R. Michael Cassidy

R. Michael Cassidy

Presentation at a conference sponsored by Fair Trials International in Washington, D.C.

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From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer Nov 2015

From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer

Julian C. Juergensmeyer

No abstract provided.

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Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett Oct 2015

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.

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R. V. Carosella, Richard Haigh, Jim Smith Oct 2015

R. V. Carosella, Richard Haigh, Jim Smith

Richard Haigh

No abstract provided.

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Immortality And Sentencing Law, Richard Haigh, Mirko Bagaric Oct 2015

Immortality And Sentencing Law, Richard Haigh, Mirko Bagaric

Richard Haigh

No abstract provided.

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Interview With Jock Young, Shelley Gavigan, Susan Addario Oct 2015

Interview With Jock Young, Shelley Gavigan, Susan Addario

Shelley A. M. Gavigan

No abstract provided.

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The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson Sep 2015

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in …

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Panelist, Wrongful Conviction And The Dna Revolution: 25 Years Of Freeing The Innocent, Robert Bloom Sep 2015

Panelist, Wrongful Conviction And The Dna Revolution: 25 Years Of Freeing The Innocent, Robert Bloom

Robert M. Bloom

No abstract provided.

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Ethical Responsibilities Of Prosecutors After Conviction, R. Michael Cassidy Sep 2015

Ethical Responsibilities Of Prosecutors After Conviction, R. Michael Cassidy

R. Michael Cassidy

Presentation at the conference Wrongful Convictions and the DNA Revolution.

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Panelist, Wrongful Convictions And The Dna Revolution, Sharon Beckman Sep 2015

Panelist, Wrongful Convictions And The Dna Revolution, Sharon Beckman

Sharon Beckman

Participant in a panel on The Global Innocence Movement.

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Co-Organizer, Innocence Investigation Conference, Sharon Beckman Sep 2015

Co-Organizer, Innocence Investigation Conference, Sharon Beckman

Sharon Beckman

No abstract provided.

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Oral Argument, United States V. Ademir Castro-Vazquez, Sharon Beckman Jul 2015

Oral Argument, United States V. Ademir Castro-Vazquez, Sharon Beckman

Sharon Beckman

Oral Argument on behalf of Defendant-Appellant by Appointment of U.S. Court of Appeals for the First Circuit under Criminal Justice Act. The appeal was successful as the Court vacated the sentence and remanded for further proceedings.

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Presenter, The Diversity Of Innocence Educational Programs, Sharon Beckman Jun 2015

Presenter, The Diversity Of Innocence Educational Programs, Sharon Beckman

Sharon Beckman

No abstract provided.

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The Science Of Memory And Eyewitness Identification, Sharon Beckman Jun 2015

The Science Of Memory And Eyewitness Identification, Sharon Beckman

Sharon Beckman

No abstract provided.

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Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper May 2015

Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper

Danielle Ireland-Piper

Nations states are demonstrating an increased willingness to assert jurisdiction over conduct occurring extraterritorially. This paper considers why that may be the case, and seeks to examine the extent to which assertions of extraterritorial criminal jurisdiction are consistent with the rule of law. Case studies of assertions of extraterritorial jurisdiction are presented and analysed using five principles as benchmarks. To that end, the rule of law is taken to refer to the following five principles: 1) The law must be both readily known and available, and certain and clear; 2) The law should be applied to all people equally, and …

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Who Should Investigate Police-Involved Killings?, R. Michael Cassidy May 2015

Who Should Investigate Police-Involved Killings?, R. Michael Cassidy

R. Michael Cassidy

Police officers in the United States fatally shoot hundreds of people each year, but only a small handful of these incidents result in the police officer facing criminal charges.

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Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper May 2015

Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper

Danielle Ireland-Piper

Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …

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Law Day Panelist On Race And Criminal Justice System, Robert Bloom Apr 2015

Law Day Panelist On Race And Criminal Justice System, Robert Bloom

Robert M. Bloom

Professor Bloom participated in a panel addressing race and the criminal justice system at the May 2015 Law Day. He was also awarded the William J. Kenealy, SJ, Alumnus of the Year Award.

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Developments In The Enforcement Of White Collar Crime, R. Michael Cassidy Apr 2015

Developments In The Enforcement Of White Collar Crime, R. Michael Cassidy

R. Michael Cassidy

Presented at conference sponsored by La Société de Législation Comparée in Paris.

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Moderator, Collaborating Against Wrongful Convictions, Sharon Beckman Mar 2015

Moderator, Collaborating Against Wrongful Convictions, Sharon Beckman

Sharon Beckman

Moderated the panel Collaborating Against Wrongful Convictions. Sponsored by the Boston College Innocence Program.

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Fitness To Plead In Queensland's Youth Justice System: The Need For Pragmatic Reform, Suzanne O'Toole, Jodie O'Leary, Bruce Watt Mar 2015

Fitness To Plead In Queensland's Youth Justice System: The Need For Pragmatic Reform, Suzanne O'Toole, Jodie O'Leary, Bruce Watt

Bruce Watt

Although research indicates that juveniles should be found unfit to plead at a greater rate than adults, that is not the case in Queensland. This article presents data from a research project designed to explore potential reasons for this anomaly.The data from that project revealed that the main reason rests with legal practitioners who decide not to raise unfitness. Such a decision is usually either due to jurisdictional constraints or other strategic or pragmatic concerns. In this article, it is argued that the law on fitness to plead in Queensland is in need of reform to combat such practice. The …

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Panel 1: Gideon, Strickland, And The Right To Effective Representation, Brandon Garrett, Don Dripps, Ty Alper, Robin Steinberg, Erik Luna Feb 2015

Panel 1: Gideon, Strickland, And The Right To Effective Representation, Brandon Garrett, Don Dripps, Ty Alper, Robin Steinberg, Erik Luna

Ty Alper

No abstract provided.

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Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James Diehm Dec 2014

Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James Diehm

James W. Diehm

No abstract provided.

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Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid Dec 2014

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

No abstract provided.

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