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Criminal Law Commons

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27,458 full-text articles. Page 338 of 570.

Betting Against The (Big) House: Bargaining Away Criminal Trial Rights, Raymond J. McKoski 2015 John Marshall Law School

Betting Against The (Big) House: Bargaining Away Criminal Trial Rights, Raymond J. Mckoski

Raymond J. McKoski

No abstract provided.


The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm 2015 Winthrop & Weinstine, Associate Attorney

The Privacies Of Life: Automatic License Plate Recognition Is Unconstitutional Under The Mosaic Theory Of Fourth Amendment Privacy Law, Jessica Gutierrez-Alm

Hamline Law Review

Abstract


The Upside Down Mississippi Problem: Addressing Procedural Disparity Between Federal And State Criminal Defendants In Concurrent Jurisdiction Prosecutions, Jordan Gross 2015 University of Montana School of Law

The Upside Down Mississippi Problem: Addressing Procedural Disparity Between Federal And State Criminal Defendants In Concurrent Jurisdiction Prosecutions, Jordan Gross

Hamline Law Review

Abstract


Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence 2015 Michigan State University College of Law

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 work, A Theory of …


Fitness To Plead In Queensland's Youth Justice System: The Need For Pragmatic Reform, Suzanne O'Toole, Jodie O'Leary, Bruce Watt 2015 Bond University

Fitness To Plead In Queensland's Youth Justice System: The Need For Pragmatic Reform, Suzanne O'Toole, Jodie O'Leary, Bruce Watt

Bruce Watt

Although research indicates that juveniles should be found unfit to plead at a greater rate than adults, that is not the case in Queensland. This article presents data from a research project designed to explore potential reasons for this anomaly.The data from that project revealed that the main reason rests with legal practitioners who decide not to raise unfitness. Such a decision is usually either due to jurisdictional constraints or other strategic or pragmatic concerns. In this article, it is argued that the law on fitness to plead in Queensland is in need of reform to combat such practice. The …


Dalla Traccia Di Sangue All'identikit Facciale, Charles E. MacLean 2015 Indiana Tech Law School

Dalla Traccia Di Sangue All'identikit Facciale, Charles E. Maclean

Charles E. MacLean

Assessment of dilemmas inherent in using DNA phenotyping methods to generate a physical likeness of a crime suspect based only on DNA shed at the crime scene.


The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser 2015 University of Georgia School of Law

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School of Law 2015 Roger Williams University

Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges 2015 Bowling Green State University

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Criminal Justice Faculty Publications

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …


Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges 2015 Bowling Green State University - Main Campus

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Philip M Stinson

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …


Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen 2015 Berkeley Law

Decisions Rules And Conduct Rules: On Acoustic Separation In Criminal Law, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.


Blind Justice, Andrea Lyon 2015 Valparaiso University

Blind Justice, Andrea Lyon

Andrea D. Lyon

No abstract provided.


Perspective Is Everything, Andrea Lyon 2015 Valparaiso University

Perspective Is Everything, Andrea Lyon

Andrea D. Lyon

No abstract provided.


Undue Burden, Andrea Lyon 2015 Valparaiso University

Undue Burden, Andrea Lyon

Andrea D. Lyon

No abstract provided.


Dying To Win, Andrea Lyon 2015 Valparaiso University

Dying To Win, Andrea Lyon

Andrea D. Lyon

No abstract provided.


New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon 2015 Valparaiso University

New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon

Andrea D. Lyon

No abstract provided.


The Military's Sexual Assault Blind Spot, Eric R. Carpenter 2015 Florida International University College of Law

The Military's Sexual Assault Blind Spot, Eric R. Carpenter

Faculty Publications

The American military is in a well-publicized struggle to address its sexual assault problem. Critics say that those in the military who run the military justice system have a bias against the victims in these cases, where that bias is likely related to some form of sexism.

This article explores that problem and offers a social psychology explanation that supports the critics' position. This article explains the cognitive process that people use to solve these legal problems and then highlights a serious flaw in that process – the use of inaccurate rape schemas. This article focuses on two potential groups …


The Death Penalty: Should The Judge Or The Jury Decide Who Dies?, Valerie P. Hans, John H. Blume, Theodore Eisenberg, Amelia Courtney Hritz, Sheri L. Johnson, Caisa Elizabeth Royer, Martin T. Wells 2015 Cornell Law School

The Death Penalty: Should The Judge Or The Jury Decide Who Dies?, Valerie P. Hans, John H. Blume, Theodore Eisenberg, Amelia Courtney Hritz, Sheri L. Johnson, Caisa Elizabeth Royer, Martin T. Wells

Cornell Law Faculty Publications

This article addresses the effect of judge versus jury decision making through analysis of a database of all capital sentencing phase hearing trials in the State of Delaware from 1977– 2007. Over the three decades of the study, Delaware shifted responsibility for death penalty sentencing from the jury to the judge. Currently, Delaware is one of the handful of states that gives the judge the final decision-making authority in capital trials. Controlling for a number of legally relevant and other predictor variables, we find that the shift to judge sentencing significantly increased the number of death sentences. Statutory aggravating factors, …


Lethal Injections: States Medicalize Execution, Joel B. Zivot 2015 Emory School of Medicine & Emory University Hospital

Lethal Injections: States Medicalize Execution, Joel B. Zivot

University of Richmond Law Review

No abstract provided.


The Executioner's Dilemmas, Eric Berger 2015 University of Nebraska College of Law

The Executioner's Dilemmas, Eric Berger

University of Richmond Law Review

No abstract provided.


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