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Criminal Law Commons

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Articles 1 - 9 of 9

Full-Text Articles in Criminal Law

Barrock Lecture: Democracy In The Criminal Justice System: An Assessment, Carissa Byrne Hessick Sep 2023

Barrock Lecture: Democracy In The Criminal Justice System: An Assessment, Carissa Byrne Hessick

Marquette Law Review

None.


Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose Jun 2023

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.


Forced To Play And Forced To Pay: The Indigent Counsel Fee In Massachusetts As A Cost Of Being Charged With A Crime, Stanislaw Krawiecki May 2023

Forced To Play And Forced To Pay: The Indigent Counsel Fee In Massachusetts As A Cost Of Being Charged With A Crime, Stanislaw Krawiecki

University of Massachusetts Law Review

When indigent defendants in Massachusetts are charged with a crime and receive a court-appointed lawyer, they are also charged something else: a fee. This $150 fee is imposed on criminal defendants by the state as soon as they receive a constitutionally guaranteed "free" legal defense. The Article focuses on this inherent contradiction and identifies its far-reaching effects in undermining individuals’ constitutional protections. Massachusetts’s indigent counsel fee "chills" the right to counsel, creating a straightforward result for indigent individuals who are faced with a choice between paying for a "free" lawyer and not disclaiming their constitutional right to one. The deeper …


Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues Apr 2023

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.


No Sense Of Decency, Kathryn E. Miller Mar 2023

No Sense Of Decency, Kathryn E. Miller

Washington Law Review

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …


Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate Jan 2023

Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Hb 219 - Venue For Money Laundering And Theft Involving Digital Currency, Samuel P. Robertson, Lindsey N. Smith Jan 2023

Hb 219 - Venue For Money Laundering And Theft Involving Digital Currency, Samuel P. Robertson, Lindsey N. Smith

Georgia State University Law Review

The Act creates venue in cases of money laundering and theft that involve the transfer of digital currency by establishing that the crime may be considered to have happened wherever power was exercised over the property, wherever an act in furtherance of the crime occurred, or wherever the victim resides.


Sovereign, Employer, Community: A Theory Of Military Justice Beyond Discipline, Obedience, And Efficiency, Dan Maurer Jan 2023

Sovereign, Employer, Community: A Theory Of Military Justice Beyond Discipline, Obedience, And Efficiency, Dan Maurer

Marquette Law Review

Unfortunately, when we look for such a theory to understand or legitimate the structure, foundational premises, and evolutionary path of the U.S. military’s separate criminal justice system, we find only a mirage—the blurry image of a super-rationale that simply evaporates the closer we inspect it. There is no theory that sheds light on why the system is what it is, nor how or why it could change further. This Article proposes such a theory. Aside from breaking ground as the first comprehensive theory of military justice in the field’s storied history, it aims to contribute to legislators’, the courts’, commanders’, …


Confrontation, The Legacy Of Crawford, And Important Unanswered Questions, Paul F. Rothstein, Ronald J. Coleman Jan 2023

Confrontation, The Legacy Of Crawford, And Important Unanswered Questions, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

This is a short piece for the University of Michigan Journal of Law Reform as part of its 2024 Symposium on “Crawford at 20: Reforming the Confrontation Clause.” The piece's purpose is to highlight certain important questions left unanswered by Crawford v. Washington and subsequent confrontation cases.