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Articles 1 - 6 of 6
Full-Text Articles in Criminal Procedure
An Attitudinal Theory Of Excuse In Criminal Law, Peter Westen
An Attitudinal Theory Of Excuse In Criminal Law, Peter Westen
ExpressO
The mother lode of criminal law scholarship is a unitary theory of excuses, that is, a normative account as to why a person who engages in conduct that a criminal statute prohibits ought nevertheless not be blamed for it. After defining "excuse" against commentators who argue that it cannot be coherently defined, and after criticizing competing theories of excuse, I argue that the feature that renders persons normatively blameless -- and, typically, legally blameless, too -- for engaging in conduct that a criminal statute prohibits is the possession of a certain attitude with which he engages in it. A person …
Judicial Perspectives On The Federal Sentencing Guidelines And The Goals Of Sentencing: Debunking The Myths, Michael E. O'Neill
Judicial Perspectives On The Federal Sentencing Guidelines And The Goals Of Sentencing: Debunking The Myths, Michael E. O'Neill
ExpressO
No abstract provided.
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins
Articles in Law Reviews & Other Academic Journals
The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence northe opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,without due process of law[.]” While prosecutors may offer many justifications to support the practice of namingunindicted co-conspirators, these reasons do not withstand …
Preface, Tanina Rostain, Donald H. Zeigler
The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle
The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle
NYLS Law Review
No abstract provided.
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins
Ira P. Robbins