Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, 2015 University of Richmond School of Law
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
University of Richmond Law Review
No abstract provided.
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, 2015 Fordham University School of Law
A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta
Fordham Law Review
Since the U.S. Supreme Court began limiting the exercise of peremptory challenges to safeguard potential jurors from discrimination, it has faced a nearly impossible task. The Court has attempted to safeguard a juror’s equal protection rights without eradicating the peremptory challenge’s ability to preserve a criminal defendant’s right to an impartial jury. Under the current legal framework, it is not certain whether either constitutional right is adequately protected. This Note examines the history of the Supreme Court’s limitation on peremptory challenges. It then discusses the current federal circuit split over whether peremptory challenges should be further limited. Finally, this Note …
Rosemond, Mens Rea, And The Elements Of Complicity, 2015 University of San Diego
Rosemond, Mens Rea, And The Elements Of Complicity, Kit Kinports
San Diego Law Review
The confluence of two widely invoked federal statutes—one governing accomplice liability, the other imposing a sentencing enhancement when firearms are involved in a violent or drug trafficking crime—reached the Supreme Court this past term in Rosemond v. United States. The Court’s analysis of the mens rea issues raised in that case starkly illustrates the confusion characterizing this area of complicity law, which has attracted surprisingly little attention from courts, legislators, or scholars. The lack of clarity is particularly acute for crimes like the weapons offense in Rosemond that can plausibly be interpreted to include a circumstance element. This Article attempts …
Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law
Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, Sean Daly
Nevada Law Journal
No abstract provided.
The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, Craig D. Friedel
Nevada Law Journal
No abstract provided.
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, 2015 Washington and Lee University School of Law
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
Washington and Lee Law Review
No abstract provided.
What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, 2015 Texas A&M University School of Law
What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon
Faculty Scholarship
This symposium article responds to the question, what's left of the law in the wake of ADR? The article addresses this question in the context of the criminal justice system in the United States. As with civil cases, few criminal cases go to trial. Negotiated agreements through plea bargaining have been the predominate form of case resolution since at least the mid-twentieth century. Plea bargaining, as with other forms of alternative dispute resolution, is an informal process that operates largely outside the formal legal system. Plea bargains are rarely negotiated on the record in open court. Instead, they are usually …
The Death Penalty: Should The Judge Or The Jury Decide Who Dies?, 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, …
Criminal Infliction Of Emotional Distress, 2015 Harvard Law School
Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg
Michigan Law Review
This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way. In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …
Sentencing Trends For Economic Crime, 2015 Santa Barbara College of Law
Sentencing Trends For Economic Crime, Robert Sanger
Robert M. Sanger
Economic crime is something that intersects with the work of many practitioners, whether corporate counsel, business lawyers, civil litigators, estate planners, or family lawyers. As many know, the United States Sentencing Guidelines (“Guidelines”) have treated economic crimes with stiff guideline sentences. When the amount of intended loss rises, the sentences accelerate to the level of being extremely harsh. The United States Sentencing Commission has just published the results of their study of sentencing for economic crimes as applied in practice.The Guidelines have been declared to be advisory by the United States Supreme Court in United States v. Booker, 543 U.S. …
Skyddsvärda Intressen & Straffvärda Kränkningar. Om Sexualbrotten I Det Straffrättsliga Systemet Med Utgångspunkt I Brottet Sexuellt Ofredande / Values Worthy Of Legal Protection And Violations That Deserve To Be Punished. Sexual Offences In Swedish Criminal Law With The Offence Of Sexual Harassment As The Starting Point, Linnéa Wegerstad
Linnéa Wegerstad
What is considered a sexual offense and what constitutes the sexual integrity protected by Swedish criminal law? Through a comprehensive historical, theoretical and doctrinal analysis, this thesis considers the question of how distinctions between sexual and other forms of violence, abuse or harassment are made in criminal law.
Firstly, the thesis explores the emergence of sexual offenses in the period when modern criminal law was formed. In parallel with the law’s own narrative of the history of sexual offenses the thesis shows that a different story can be discerned whereby sexual offenses are created through erotic sexuality. This means that …
Confronting Cops In Immigration Court, 2015 Boston College
Confronting Cops In Immigration Court, Mary Holper
Mary Holper
In Case Of Confession, 2015 Valparaiso University
Drug Treatment Courts And Emergent Experimentalist Government, 2015 Cornell Law School
Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles Frederick Sabel
Michael C. Dorf
Despite the continuing "war on drugs," the last decade has witnessed the creation and nationwide spread of a remarkable set of institutions, drug treatment courts. In drug treatment court, a criminal defendant pleads guilty or otherwise accepts responsibility for a charged offense and accepts placement in a court-mandated program of drug treatment. The judge and court personnel closely monitor the defendant's performance in the program and the program's capacity to serve the mandated client. The federal government and national associations in turn monitor the local drug treatment courts and disseminate successful practices. The ensemble of institutions, monitoring, and pooling exemplifies …
Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), 2015 Valparaiso University
Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), Andrea Lyon
Andrea D. Lyon
No abstract provided.
Suffocated Habeas Corpus And Merciless Clemency In The Execution Of Warren Hill, 2015 University of Georgia School of Law
Suffocated Habeas Corpus And Merciless Clemency In The Execution Of Warren Hill, Donald E. Wilkes Jr.
Popular Media
On Tuesday, Jan. 27, 2015, the state of Georgia executed Warren Lee Hill, Jr. by lethal injection at the state prison in Jackson. This state unconstitutionally wielded its most dangerous and irreversible power, the power to kill. A prisoner with significantly sub-average intellectual functioning, a 54-year old man with the mind of a boy, was strapped down and killed in flagrant violation of a provision of the Bill of Rights intended to maintain human dignity.
This article discusses capital punishment against intellectually disabled individuals and how the erosion of habeas corpus at the Federal and state level and the abandonment …
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, 2015 Valparaiso University
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Andrea D. Lyon
No abstract provided.
The Preliminary Hearing: A Necessary Part Of Due Process, 2015 Valparaiso University
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
Andrea D. Lyon
No abstract provided.
Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, 2015 Cornell Law School
Quiet Rebellion? Explaining Nearly A Decade Of Declining Federal Drug Sentences, Frank O. Bowman Iii, Michael Heise
Michael Heise
This is the first of two articles, the second of which will appear in January 2002 edition of the Iowa Law Review, in which we seek an explanation for the little-noticed and hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations has been declining steadily since 1991-92. According to figures maintained by the Administrative Office of the United States Courts, in the eight years between 1991 and 1999, the average federal drug sentence decreased from 95.7 months to 75.2 months, a drop of 22%, or nearly two years, per defendant. United States …
Mercy By The Numbers: An Empirical Analysis Of Clemency And Its Structure, 2015 Cornell Law School
Mercy By The Numbers: An Empirical Analysis Of Clemency And Its Structure, Michael Heise
Michael Heise
Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant …