Criminal Law Commons^™

"Automobile Searches." Chapter 4d, 4d-1– 4d-62, "Suppression Of Illegally Obtained Evidence: Pretext Searches." Chapter 83, 83-1 - 83-18, Robert Bloom

Robert Bloom

No abstract provided.

"Commencement Of Action." Chapter 3 (Co-Authored With Daniel R. Coquillette) 3-1–3-34, "Time." Chapter 6, 6-1– 6-143, "Applicability In General." Chapter 81, 81-1–81-40, Robert Bloom

Robert Bloom

No abstract provided.

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Toward Dispassionate, Effective Control Of Sexual Offenders , Carol L. Kunz

American University Law Review

No abstract provided.

The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem

Journal Publications

No abstract provided.

Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Question Of Intent: Aiding And Abetting Law And The Rule Of Accomplice Liability Under § 924©, Tyler B. Robinson

Michigan Law Review

Firearms are common tools of the violent-crime and drugtrafficking trades. Their prevalence is reflected in the frequency with which federal prosecutors charge, juries apply, and courts review 18 U.S.C. §924(c). That provision imposes heavy penalties for either the use or carrying of a firearm "during and in relation to any crime of violence or drug trafficking crime," in addition to the punishment provided for the underlying violent or drug-related offense. A conviction under section 924(c) carries at the very least a mandatory, consecutive five-year sentence, even when the underlying crime already provides enhanced punishment for use of a dangerous weapon …

National Evaluation Of G.R.E.A.T., Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

How Much Should Mind Matter? Mens Rea In Theft And Fraud Sentencing, James Gibson

Law Faculty Publications

This article discusses the U.S. Sentencing Commission’s vote to potentially revise the definition of loss. Anyone who has followed the Commission's deliberations on loss will see that the proposed definition attempts to address many of the contentious issues that have arisen in the case law and commentary. The issues that the proposed definition concentrates on, however, such as credits, interest, causation, and gain, tend to inform the inquiry into "actual loss" rather than "intended loss," even though the latter concept is integral to both definitions. Although neither the current nor the proposed definition provides much guidance for working with intended …

Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Arkansas' Missed Opportunity For Rehabilitation: Sending Children To Adult Courts, Gerrard F. Glynn

University of Arkansas at Little Rock Law Review

No abstract provided.

An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave

Publications

This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …

Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey

American University Law Review

No abstract provided.

"Possessing With Intent To Distribute" Under The Schoolyard Statute, Sonja R. West

Scholarly Works

This Comment proposes that courts should explicitly rather than implicitly distinguish the different types of defendants accused of possession with intent to distribute controlled substances within a school zone. Part I reviews the current state of the law on this issue and presents the legislative history and textual arguments involved in the debate over the mens rea requirement. Part II examines the factual circumstances at issue in the relevant cases and concludes that these factual circumstances, rather than competing statutory interpretations, lead to *1401 the different results. Finally, Part III emphasizes the need to recognize these implicit categories of offenses …

Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan

Michigan Law Review

It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one needn't be a …

Melting The Plastic Theories: Advocating The Common Law Of Fraud In Credit Card Non-Dischargeability Actions Under 11 U.S.C. § 523(A)(2)(A), Craig A. Bruens

Vanderbilt Law Review

If credit card-holders purchase items they cannot afford, they may make minimum payments and avoid default. Most people carry debt on their credit cards,' and card-issuers who profit from interest on these balances encourage consumers to carry a balance. When a debtor acquires too much debt and files for bankruptcy, the debtor may generally discharge all of his debts to gain a "fresh start." This discharge of debts completely bars creditors from collecting the money owed to them, and the resulting losses have frustrated the credit card industry.

To prevent debts from becoming uncollectible due to discharge, credit card-issuers frequently …

The Open Door: Will The Right To Die Survive Washington V. Glucksberg And Vacco V. Quill?, Adam J. Cohen

In the Public Interest

No abstract provided.

Regulating Rites: Legal Responses To Female Genital Mutilation In The West, Carol M. Messito

In the Public Interest

No abstract provided.

Age Patterns Of Victims Of Serious Violent Crime, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Sex Differences In Violent Victimization, 1994, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Dangerous Offender Legislation: A Short Term Solution To A Long Term Problem, Amy M. Lageman

Penn State International Law Review

No abstract provided.

Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi

Penn State International Law Review

No abstract provided.

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review

No abstract provided.

Trends. Encrypting Encryption: Some Comments On S. 909, Secure Public Networks Act, Ibpp Editor

International Bulletin of Political Psychology

The author discusses The use of technology and telecommunications being employed by people in the commission of crimes, viz., terrorism and organized crime.

Violence-Related Injuries Treated In Hospital Emergency Departments, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Deterrence's Difficulty, Neal Kumar Katyal

Michigan Law Review

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …

Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan

Michigan Law Review

The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …

The International Criminal Court: Taiwan's Last Hope?, Christa Tzu-Hsiu Lin

Washington International Law Journal

In 1989, the United Nations General Assembly began work on establishing the first-ever permanent International Criminal Court. Eight years later, the draft code for the International Criminal Court is nearing completion and establishment of the Court is proposed for 1998. The goal of the International Criminal Court is to enhance international cooperation in international criminal matters. This Comment discusses the International Criminal Court in light of China's missile tests off the coast of Taiwan. The lack of international response to the missile tests in the past demonstrates the need for an international body to intervene in this act of aggression. …

Constitutional Criminal Procedure, James P. Fleissner

Mercer Law Review

The Fourth, Fifth, and Sixth Amendments of the United States Constitution are the three pillars of the American system of criminal justice. The three amendments make procedural guarantees using enigmatic terms that are given meaning by those with the power of interpretation. The Fourth Amendment protects us from "unreasonable searches and seizures." The Fifth Amendment includes a guarantee of "due process of law." The Sixth Amendment guarantees a "speedy" trial. In the years since 1791, when these provisions were enshrined in the Bill of Rights, the courts have played the leading role in shaping the scope of these broad pronouncements. …

Recalibrating The Scales Of Justice Through National Punitive Damage Reform, Kimberly A. Pace

American University Law Review

No abstract provided.