What Is Reasonable Cause To Believe?: The Mens Rea Required For Conviction Under 21 U.S.C. § 841, 2010 Pace University School of Law
What Is Reasonable Cause To Believe?: The Mens Rea Required For Conviction Under 21 U.S.C. § 841, Jonathan L. Hood
Pace Law Review
No abstract provided.
Losing Your Head In The Washer – Why The Brainwashing Defense Can Be A Complete Defense In Criminal Cases, 2010 Pace University School of Law
Losing Your Head In The Washer – Why The Brainwashing Defense Can Be A Complete Defense In Criminal Cases, Rebecca Emory
Pace Law Review
No abstract provided.
Unfettered Public Access To Electronic Arrest Records Disproportionately And Discriminatorily Harms Communities Of Color, 2010 Lincoln Memorial University - Duncan School of Law
Unfettered Public Access To Electronic Arrest Records Disproportionately And Discriminatorily Harms Communities Of Color, Charles E. Maclean
Charles E. MacLean
No abstract provided.
Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, 2010 Georgetown University Law Center
Extreme Measures: Does The United States Need Preventive Detention To Combat Domestic Terrorism?, Diane Webber
Diane Webber
The paper examines current methods of preventive detention in the United States, that is the detaining of a suspect on home soil to prevent a terrorist attack. This paper looks at two recent events: the Fort Hood shootings and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. I demonstrate that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible …
Selected Problems In The Administration Of Criminal Justice, 2010 Golden Gate University School of Law
Selected Problems In The Administration Of Criminal Justice, Alvin H. Goldstein Jr.
Cal Law Trends and Developments
What follows is an effort to focus attention on certain problem areas in the day-to-day administration of justice. They are problems not so much because of their complexity, but rather because uncertainty persists despite considerable discussion of the rules governing each area. I have selected preliminary hearings, bail, appointment of counsel, sua sponte judicial dismissals, and reasonable doubt as appropriate topics for this chapter. There are, of course, numerous others entitled to treatment, but each of those selected relates to a subject over which the trial judge may exercise an extremely broad discretion. The exercise of this discretion may alter …
Judicial Dilemmas In Enforcement Of Drug Abuse Laws, 2010 Golden Gate University School of Law
Judicial Dilemmas In Enforcement Of Drug Abuse Laws, Alvin H. Goldstein Jr.
Cal Law Trends and Developments
No abstract provided.
Criminal Law And Procedure, 2010 Golden Gate University School of Law
Criminal Law And Procedure, Rex A. Collings Jr.
Cal Law Trends and Developments
No abstract provided.
Inherent (Gender) Unreasonableness Of The Concept Of Reasonableness In The Context Of Manslaughter Committed In The Heat Of Passion, 2010 William & Mary Law School
Inherent (Gender) Unreasonableness Of The Concept Of Reasonableness In The Context Of Manslaughter Committed In The Heat Of Passion, Antonia Elise Miller
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Punishment As Suffering, 2010 Vanderbilt University Law School
Punishment As Suffering, David Gray
Vanderbilt Law Review
When it comes to punishment, should we be subjectivists or objectivists? That is, should we define, measure, and justify punishment based on the subjective experiences of those who are punished or should we instead remain objective, focusing our attention on acts, culpability, and desert? In a recent series of high- profile articles, a group of contemporary scholars has taken up the mantle of subjectivism. In their view, criminal punishment is a grand machine for the production of negative subjective experiences-suffering. The machine requires calibration, of course. According to these scholars, the main standard we use for ours is comparative proportionality. …
Admitting Guilt By Professing Innocence: When Sentence Enhancements Bases On "Alford" Pleas Are Unconstitutional, 2010 Vanderbilt University Law School
Admitting Guilt By Professing Innocence: When Sentence Enhancements Bases On "Alford" Pleas Are Unconstitutional, Anne D. Gooch
Vanderbilt Law Review
A few days before Christmas in 1994, in Vineland, New Jersey, Charles Apprendi, Jr. was drunk. At 2:04 a.m., he fired several shots from a .22 caliber gun into the home of an African-American family in his neighborhood. By 3:05 a.m., he had been arrested and had admitted that he was the shooter. Apprendi was interrogated for several hours after these events. At 6:04 a.m., he apparently stated that he committed the crime because the victims were black, but he later retracted this statement. Apprendi was indicted on twenty-three counts in connection with the shooting, and eventually pleaded guilty to …
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, 2010 American University Washington College of Law
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
American University Law Review
This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …
Criminal Law And Procedure, 2010 Senior Assistant Attorney General, Criminal Litigation Section, Office of the Attorney General, Commonwealth of Virginia
Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough
University of Richmond Law Review
The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.
The Messy Reality Of Organised Crime Research, 2010 Singapore Management University
The Messy Reality Of Organised Crime Research, Mark Findlay, Nafis Hanif
Research Collection School of Social Sciences
The analysis starts out by confronting and exposing the ideological motivations for dualism in conventional organised crime research. In order to suggest a cognitive pathway beyond this restrictive normative frame, it is essential to appreciate its potency and resilience. Law enforcement language buoyed up by popular culture representations of gangs, syndicates and crime bosses have become the accepted starting point for much research in the field. Research from this perspective, we suggest, plays its own part in organised crime mystification and as such retards the critical utility of enterprise theory. Next the paper shows how distracted and distorted theorising infects …
Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, 2010 William & Mary Law School
Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele
William & Mary Law Review
Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally deficient prison conditions led a federal court to order the release of 40,000 state prisoners. In Oregon, Michigan, Connecticut, Vermont, and Delaware, spending on corrections now exceeds spending on higher education. Across the nation, more than one of every one hundred Americans is behind bars. When the financial crisis of 2008 dealt its blow, state correctional budgets were already nearing a breaking point. Now, in the wake of unprecedented budget shortfalls, state governments have been forced to confront a difficult …
"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker—And The Role Of The Due Process Clause, 2010 University of Baltimore School of Law
"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker—And The Role Of The Due Process Clause, Lynn Mclain
All Faculty Scholarship
A woman tells her roommate that she is going out to dinner with Frank that evening. The next morning her battered body is found along a country road outside of town. In Frank’s trial for her murder, is her statement to her roommate admissible to place Frank with her that night? Since the Court’s 2004 Crawford decision, the confrontation clause is inapplicable to nontestimonial hearsay such as this.
American jurisdictions are widely divided on the question of admissibility under their rules of evidence, however. Many say absolutely not. A sizeable number unequivocally say yes. A small number say yes, but …
Omg! Evidence Challenges In An Electronic World, 2010 University of Oklahoma College of Law
Omg! Evidence Challenges In An Electronic World, Mary Sue Backus
Mary Sue Backus
No abstract provided.
U.S. Exclusionary Rule: A Comparative Analysis, 2010 Boston College Law School
U.S. Exclusionary Rule: A Comparative Analysis, Robert Bloom
Robert M. Bloom
No abstract provided.
History Of American Legal Education, With An Emphasis On Clinical Education, 2010 Boston College Law School
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
Robert M. Bloom
No abstract provided.
In Drag On Drugs, 2010 Embry-Riddle Aeronautical University
In Drag On Drugs, Ibpp Editor
International Bulletin of Political Psychology
Since commentators generally assert that the war on illegal and illicit drugs has been a failure, we should evaluate the assertion and, then, opine on why there is a war, winnable or not.
Criminal Law And Procedure, 2010 Golden Gate University School of Law
Criminal Law And Procedure, Rex A. Collings Jr.
Cal Law Trends and Developments
Probably the single most important development of the year came from the Joint Committee for the Revision of the Penal Code. That committee published its Tentative Draft No.1. The draft deals with general principles of liability, defenses, kidnapping and related crimes, sex crimes and arson. Other drafts are expected in the near future. It is hoped that the ultimate result will be a modernization of the Penal Code of 1872, which is badly in need of clarification and revision. Since 1872, there has never been a continuing and coordinated effort to develop a coherent and comprehensive code.
Another important development …