Criminal Law Commons^™

Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond

BYU Law Review

No abstract provided.

Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School

All Faculty Scholarship

The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness, for …

Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin

Nevada Supreme Court Summaries

Appeal from a judgment of conviction by jury of conspiracy to commit a crime, burglary, robbery, first-degree kidnapping, and attempted grand larceny auto.

Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom

Nevada Supreme Court Summaries

An appeal from an Eighth Judicial District Court judgment of conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.

The Comparative Nature Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.

Juveniles Who Commit Sex Offenses Against Minors, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Criminal Law, Franklin J. Hogue

Mercer Law Review

This year I selected a small number of significant cases and amendments to Georgia criminal law on which to focus this Survey. This allows slightly more in-depth treatment within the space limitations and may be more useful, so I hope, to practicing trial lawyers in the ever-changing area of criminal law. This survey period covers developments from June 1, 2008 to May 31, 2009.

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

Courts and legislatures have long been reluctant to make use of the data, findings, and recommendations generated by other disciplines when determining questions of legal procedure affecting juveniles, particularly when the research has been produced by social scientists. However, given the United States Supreme Court’s recent invocation of developmental psychology in Roper v. Simmons, which invalidated the juvenile death penalty, there is reason to believe that such resistance is waning. In 2005 the Simmons Court found, inter alia, that based on research on adolescent development, juveniles are not as culpable as adults and, therefore, cannot be classified among the “worst …

13. Interviewing Children., Thomas D. Lyon

Thomas D. Lyon

Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky

Nevada Supreme Court Summaries

This case involved a writ of prohibition to determine if Defendant’s double jeopardy rights were violated when the district court ordered a mistrial and subsequent retrial as a “manifest necessity” based on potential jury bias because defense counsel impermissibly argued facts not in evidence.

Case Information: People V. White

Journal of Race, Gender, and Ethnicity

No abstract provided.

Presentation On People V. Goetz, Mark Baker, Esq.

Journal of Race, Gender, and Ethnicity

No abstract provided.

Case Summary: People V. Goetz

Journal of Race, Gender, and Ethnicity

No abstract provided.

Presentation On People V. White, Frederick K. Brewington, Esq.

Journal of Race, Gender, and Ethnicity

No abstract provided.

Question And Answer Session

Journal of Race, Gender, and Ethnicity

No abstract provided.

A Complexidade Do Problema E A Simplicidade Da Solução: A Questão Das Penas Mínimas, Maira Machado

Núcleo de Estudos sobre o Crime e a Pena

Este relatório busca oferecer elementos ao debate sobre a pertinência das penas mínimas de prisão na legislação criminal. Após um exercício de conceituação da pena mínima, narramos brevemente as práticas legislativas de países com diferentes tradições jurídicas (França, Brasil e Canadá) nos últimos duzentos anos. O objetivo aqui foi traçar um panorama do surgimento dessa prática e realçar as diferentes formas construídas pela legislação para flexibilizar ou minimizar seus efeitos. Em seguida, narramos, em relação aos mesmos países, algumas experiências judiciais de questionamento ou confirmação da prática de estabelecer mínimos na legislação. Esse estudo levou-nos a observar mais de perto …

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Journal of Race, Gender, and Ethnicity

No abstract provided.

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Scholarly Works

No abstract provided.

Rape, Feminism, And The War On Crime, Aya Gruber

Washington Law Review

Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.

Animal Law, K. Michelle Welch

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew

BYU Law Review

No abstract provided.

12. Disclosure Of Child Sexual Abuse., Thomas D. Lyon, Elizabeth C. Ahern

Thomas D. Lyon

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz

Donna M. Hughes

Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney

Nevada Supreme Court Summaries

Appellant Douglas Mendoza-Lobos was convicted of one count each of burglary, robbery with the use of a deadly weapon, sexual assault with the use of a deadly weapon, attempted sexual assault with the use of a deadly weapon, assault with a deadly weapon, and battery with a deadly weapon. On appeal, Mendoza-Lobos argued that the district court failed to comply with NRS 193.165(1) in imposing the sentences for the deadly weapon enhancements because it failed to articulate sufficient findings on the record. As a preliminary matter, the Court addressed whether NRS 193.165(1) (1) violated the separation-of-powers doctrine and (2) required …

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich

Georgetown Law Faculty Publications and Other Works

The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of serious harm to prisoners, prison conditions are not “punishment” within the meaning of the Eighth Amendment. Farmer’s reasoning, however, does not …

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes