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Articles 2851 - 2880 of 4819
Full-Text Articles in Law Enforcement and Corrections
How It Works: Sobriety Sentencing, The Constitution And Alcoholics Anonymous. A Perspective From Aa's Founding Community, Max E. Dehn
ExpressO
This paper analyzes the public health as well as constitutional issues that arise when persons are required by courts to participate in 12-step recovery programs.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Calling A Truce In The Culture Wars: From Enron To The Cia, Craig S. Lerner
Calling A Truce In The Culture Wars: From Enron To The Cia, Craig S. Lerner
George Mason University School of Law Working Papers Series
This Article compares and evaluates recent Congressional efforts to improve institutional “cultures” in the private and public sectors. The Sarbanes-Oxley Act of 2002 was designed to upgrade corporate culture by patching up the “walls” that separate corporate management from boards of directors, accountants, lawyers, and financial analysts. The Intelligence Reform Act of 2005 took a different tack, hammering away at walls that supposedly segmented the intelligence community. The logic was that the market failed because people did not observe sufficient formalities in their dealings with one another, while the intelligence community failed precisely because people kept their distance from one …
Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons
Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons
Indiana Law Journal
No abstract provided.
An Honest Approach To Plea Bargaining, Steven P. Grossman
An Honest Approach To Plea Bargaining, Steven P. Grossman
All Faculty Scholarship
In this Article, the author argues that differential sentencing of criminal defendants who plead guilty and those who go to trial is, primarily, a punishment for the defendant exercising the right to trial. The proposed solution requires an analysis of the differential sentencing motivation in light of the benefit to society and the drawbacks inherent in the plea bargaining system.
The Market For Criminal Justice: Federalism, Crime Control, And Jurisdictional Competition, Doron Teichman
The Market For Criminal Justice: Federalism, Crime Control, And Jurisdictional Competition, Doron Teichman
Michigan Law Review
Part I introduces the concepts of jurisdictional competition and crime displacement and argues that, as a positive matter, a decentralized criminal justice system may create a competitive process among the different units composing it, in which each such unit attempts to divert crime to neighboring communities. Part II then turns to evaluate the normative aspects of jurisdictional competition in the area of criminal justice. In this context I will show that competition can have both advantages and disadvantages. On one hand, the forces of competition might drive jurisdictions to fight crime efficiently, since any jurisdiction that functions inefficiently will suffer …
Police And Democracy, David Alan Sklansky
Police And Democracy, David Alan Sklansky
Michigan Law Review
Part I of the Article describes the emergence in postwar America of a particular understanding of a democracy, an understanding generally referred to as "democratic pluralism," "analytic pluralism," "pluralist theory," or simply "pluralism." We will spend a fair bit of time unpacking pluralism, because its fine points will prove important when we turn to the task of tracing its reflections in criminal procedure. That task is taken up in Part II, which examines the ways in which the central tenets of democratic pluralism found echoes in criminal procedure - construed broadly to include not only jurisprudence and legal scholarship but …
Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio
Probation Violators: An Examination Of Felony Male Adult Probation Violators In The State Of Nevada, Stefanie Wilson Palacio
UNLV Theses, Dissertations, Professional Papers, and Capstones
No abstract provided.
Is There A Future For Leniency In The U.S. Criminal Justice System?, Nora V. Demleitner
Is There A Future For Leniency In The U.S. Criminal Justice System?, Nora V. Demleitner
Michigan Law Review
The spring 2004 release of the gruesome pictures of sexual humiliation and torture at Abu Ghraib prison outside of Baghdad revealed how some U.S. troops, intelligence officers, and private contractors treated Iraqi prisoners taken during and after the war. High-ranking government officials may have condoned, if not encouraged, the abuses. Only reluctantly have they agreed to extend protections customarily accorded civilians and military fighters during a war to individuals detained in Iraq and Afghanistan. As Congressional investigations appear to have stalled, military inquiries have been manifold but resultless. Only a handful of low ranking soldiers have been court-martialed, and a …
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Murder, Meth, Mammon & Moral Values: The Political Landscape Of American Sentencing Reform (In Symposium On White Collar Crime), Frank O. Bowman Iii
Faculty Publications
This Article examines the ongoing American experiment in mass incarceration and considers the prospects for meaningful sentencing reform.
Differential Police Treatment Of Domestic And Nondomestic Assaults, Gina Michelle Sajko
Differential Police Treatment Of Domestic And Nondomestic Assaults, Gina Michelle Sajko
Sociology & Criminal Justice Theses & Dissertations
The current study examines the effects of type of assault and victim gender on police response. Victim accounts of domestic and nondomestic assaults in the San Diego region were examined. This study found that domestic assaults were significantly less likely to result in arrest than nondomestic assaults. Female victims of domestic assaults were more likely to receive police referrals to outside agencies. Assaults with victim injury were more likely to result in arrest for domestic assaults, and within the sample as a whole. The gender of the victim had no effect on arrest.
Citizen's Satisfaction With The Police, Kim Barshanet Baskerville
Citizen's Satisfaction With The Police, Kim Barshanet Baskerville
Sociology & Criminal Justice Theses & Dissertations
The purpose of this research project is to examine three competing models of citizen satisfaction with the police: 1) citizen characteristics, 2) citizen experience with the police, and 3) citizen quality of life issues. Data were taken from Criminal Victimization and Perceptions of Community Safety in 12 Cities, 1998. The relationship between citizen satisfaction and the three models were tested by examining different types of contact between police and citizens, race, age, gender, and quality of life, which was measured by satisfaction with neighborhood and satisfaction with city. In addition, an item labeled disorder, which takes into consideration acts of …
Money Talks: An Indigent Defendant's Right To An Ex Parte Hearing For Expert Funding, Justin B. Shane
Money Talks: An Indigent Defendant's Right To An Ex Parte Hearing For Expert Funding, Justin B. Shane
Capital Defense Journal
No abstract provided.
Smith V. Texas 125 S. Ct. 400 (2004)
United States V. Barnette 393 F.3d 775 (4th Cir. 2004)
United States V. Barnette 393 F.3d 775 (4th Cir. 2004)
Capital Defense Journal
No abstract provided.
Mchone V. Polk 392 F.3d 691 (4th Cir. 2004)
Mchone V. Polk 392 F.3d 691 (4th Cir. 2004)
Capital Defense Journal
No abstract provided.
Ask And The Commonwealth Shall Receive: The Imbalance Of Virginia's Mental Health Expert Statute, Mark J. Goldsmith
Ask And The Commonwealth Shall Receive: The Imbalance Of Virginia's Mental Health Expert Statute, Mark J. Goldsmith
Capital Defense Journal
No abstract provided.
Death By Ambush: A Plea For Discovery Of Evidence In Aggravation, Tamara L. Graham
Death By Ambush: A Plea For Discovery Of Evidence In Aggravation, Tamara L. Graham
Capital Defense Journal
No abstract provided.
"Continuing Threat" To Whom?: Risk Assessment In Virginia Capital Sentencing Hearings, Jessica M. Tanner
"Continuing Threat" To Whom?: Risk Assessment In Virginia Capital Sentencing Hearings, Jessica M. Tanner
Capital Defense Journal
No abstract provided.
Bell V. Cone 125 S. Ct. 847 (2005)
Florida V. Nixon 125 S. Ct. 551 (2004)
Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005)
Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005)
Capital Defense Journal
No abstract provided.
Kandies V. Polk 385 F.3d 457 (4th Cir. 2004)
Kandies V. Polk 385 F.3d 457 (4th Cir. 2004)
Capital Defense Journal
No abstract provided.
Walker V. True 399 F.3d 315 (4th Cir. 2005)
Walker V. True 399 F.3d 315 (4th Cir. 2005)
Capital Defense Journal
No abstract provided.
Riner V. Commonwealth 601 S.E.2d 555 (Va. 2004)
Riner V. Commonwealth 601 S.E.2d 555 (Va. 2004)
Capital Defense Journal
No abstract provided.
Winston V. Commonwealth 604 S.E.2d 21 (Va. 2004)
Winston V. Commonwealth 604 S.E.2d 21 (Va. 2004)
Capital Defense Journal
No abstract provided.
Mapes V. Tate 388 F.3d 187 (6th Cir. 2004)
Mapes V. Tate 388 F.3d 187 (6th Cir. 2004)
Capital Defense Journal
No abstract provided.
Expanding Terry: Compulsory Identification In Hiibel V. Sixth Judicial District Court, Humbolt County , Trevor Hickey
Expanding Terry: Compulsory Identification In Hiibel V. Sixth Judicial District Court, Humbolt County , Trevor Hickey
Brigham Young University Journal of Public Law
No abstract provided.
Eighteenth Century Public Humiliation Penalties In Twenty-First Century America: The "Shameful" Return Of "Scarlet Letter" Punishments In U.S. V. Gementera, Paul Ziel
Brigham Young University Journal of Public Law
No abstract provided.
The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill
The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill
All Faculty Scholarship
This Article addresses the ongoing-and, indeed, accelerating process of sporadic, piecemeal, and unnecessary legislation leading to increasing inconsistencies and irrationalities in American criminal law. After a wave of modernization in the I960s and 1970s, the past generation has not witnessed further advances, but rather a serious and growing degradation of most criminal codes. This Article offers several insights regarding criminal code degradation. First, it provides specific and concrete examples of degradation and its harmful effects. Second, drawing on their experiences as participants in the recent reform efforts of Illinois and Kentucky, the authors offer an insider's view of how the …