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Articles 1 - 6 of 6

Full-Text Articles in Legal History

The Citizenship Line: Rethinking Immigration Exceptionalism, Rachel E. Rosenbloom Nov 2013

The Citizenship Line: Rethinking Immigration Exceptionalism, Rachel E. Rosenbloom

Boston College Law Review

It is not possible to police the movement of “aliens” without first determining who is and is not a citizen. Yet little scholarly attention has been devoted to the nature of citizenship determinations or their implication for our understanding of immigration enforcement as a whole. Thousands of U.S. citizens are caught up in immigration enforcement actions every year, and dozens of cases have come to light in which erroneous deportations can be traced to the lack of procedural protections within the deportation system, manifested in summary proceedings, lengthy detention, and lack of access to counsel. Such cases compel us ...


Taking Voluntariness Seriously, Ian P. Farrell, Justin F. Marceau Sep 2013

Taking Voluntariness Seriously, Ian P. Farrell, Justin F. Marceau

Boston College Law Review

Courts and commentators commonly claim that criminal law contains a voluntary act requirement. Despite the ubiquity of this assertion, there is remarkably little agreement on what the voluntary act requirement entails. This lack of uniformity is particularly problematic because, for some crimes, whether a defendant is guilty or innocent will turn on which conception of voluntariness is applied. In this Article, we critique the various conceptions of the voluntary act requirement, and propose an alternative set of principles for applying the notion that person is only criminally culpable for crimes committed voluntarily. First, culpability requires that the actus reus as ...


A Jury Of Whose Peers?: Eliminating Racial Discrimination In Jury Selection Procedures, Hilary Weddell May 2013

A Jury Of Whose Peers?: Eliminating Racial Discrimination In Jury Selection Procedures, Hilary Weddell

Boston College Journal of Law & Social Justice

The jury system is intended to instill fairness and increase confidence in the American legal system as a whole. Despite this goal, widespread discrimination remains in jury selection procedures. In order to adequately protect both a defendant’s right to be tried by a jury of his peers and every citizen’s right to participate in the legal system, representativeness should be improved at each of three levels where juror exclusion takes place: (1) the assembly of the jury pool; (2) the issuance of exemptions and excusals from jury service; and (3) the use of peremptory challenges in empanelling the ...


The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy, Gregory Massing Apr 2012

The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy, Gregory Massing

Boston College Law School Faculty Papers

While the Model Penal Code was certainly one the most influential developments in criminal law in the past century, the American Law Institute (ALI) took a seriously wrong turn by recognizing a defense of “renunciation” to the crime of conspiracy. Under the Model Penal Code formulation, a member of a conspiracy who later disavows the agreement and thwarts its objective (for example, by notifying authorities of the planned crime in order to prevent its completion) is afforded a complete defense to conspiracy liability. This defense has enormous implications for crimes involving national security and terrorism, which are typically planned covertly ...


German Criminal Justice As A Guide To American Law Reform: Similar Problems, Better Solutions?, Richard S. Frase, Thomas Weigend Aug 1995

German Criminal Justice As A Guide To American Law Reform: Similar Problems, Better Solutions?, Richard S. Frase, Thomas Weigend

Boston College International and Comparative Law Review

No abstract provided.


Excerpts From Recommendations Made By Father Robert F. Drinan, S.J., Dean And Professor Of Law At The Boston College Law School, To The Special Recess Commission On Youthful Offenders On Monday, December 2, 1957 At 10:30 Am In Room 207, State House, Boston, Robert F. Drinan , S.J. Dec 1957

Excerpts From Recommendations Made By Father Robert F. Drinan, S.J., Dean And Professor Of Law At The Boston College Law School, To The Special Recess Commission On Youthful Offenders On Monday, December 2, 1957 At 10:30 Am In Room 207, State House, Boston, Robert F. Drinan , S.J.

Law School Publications

Excerpts from the recommendations to the Special Commission Established for the Purpose of Studying and Investigating the Laws Relating to Certain Youthful Offenders, established by the Commonwealth of Massachusetts.