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Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes 2011 John Marshall Law School

Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes

The John Marshall Law Review

No abstract provided.


Masthead, Editors 2011 University of Pennsylvania Law School

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila 2011 Barry University School of Law

Supporting The Florida Legal Community's Response To Graham V. Florida, Ilona P. Vila

Barry Law Review

No abstract provided.


Victims Of Community Violence In Chicago: The Impact On Professional Responders, Lee Shevell 2011 Loyola University Chicago, School of Law

Victims Of Community Violence In Chicago: The Impact On Professional Responders, Lee Shevell

Public Interest Law Reporter

No abstract provided.


The Origins Of The American Military Coup Of 2012, Charles J. Dunlap Jr. 2011 Duke Law School

The Origins Of The American Military Coup Of 2012, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl II 2011 Minnesota State University - Mankato

Community Down: The Loss Of Sergeant Joe Bergeron, John Edward Helcl Ii

All Theses, Dissertations, and Other Capstone Projects

What local government officials, administrators, and staff can expect and how to can help in the aftermath of a peace officer’s line-of-duty death within their community.


Raising The Bar For The Mens Rea Requirement In Common Intention Cases, Eunice CHUA 2011 Singapore Management University

Raising The Bar For The Mens Rea Requirement In Common Intention Cases, Eunice Chua

Research Collection School Of Law

Recently, the Court of Appeal in Daniel Vijay s/o Katherasan v. Public Prosecutor took the view that the law on common intention was not adequately settled in Singapore despite the 138-year history of s.34 of the Penal Code. It went on to give an extensive review of the cases interpreting the section as well as its Indian equivalent, before setting out the proper approach to take in "twin crime" common intention cases, focusing specifically on the mens rea element required in order to establish constructive liabilityfor the secondary crime. This case note seeks to highlight the changes brought ...


Hasta La Vista?: An Assessment Of The California Governor’S Proposal To Send Undocumented Inmates To Mexico , Steven H. Joseph 2011 Boston College Law School

Hasta La Vista?: An Assessment Of The California Governor’S Proposal To Send Undocumented Inmates To Mexico , Steven H. Joseph

Boston College International and Comparative Law Review

At a press conference in January 2010, California Governor Arnold Schwarzenegger proposed sending undocumented inmates from California prisons to cheaper, privately run prisons in Mexico as a solution to the state’s budget crisis and prison overcrowding problems. Though seemingly far-fetched, the Governor’s proposal represents a creative solution to a nation-wide problem of growing illegal immigrant populations, overburdened penal systems, and increasing pressures to cut costs. National trends in privatization and the offshoring of government functions make exporting inmates to lower cost prisons abroad a tempting remedy, albeit one that is fraught with legal complications. This Note argues that ...


When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian 2011 Liberty University

When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian

Basyle Tchividjian

In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an ...


Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross 2011 University of Michigan Law School

Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross

Articles

The fundamental problem with false convictions is that they are unobserved, and in general, unobservable. We don't spot them when they happen-if we did, they wouldn't happen-and in most cases we can't identify them after the fact. We have no general reliable test for innocence or guilt; if we did, we'd use it at trial. As result, we often say that we don't know for sure whether a convicted criminal defendant is innocent or guilty, or even that we can't know for sure. But this isn't exactly true-or rather, its truth depends on ...


Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker 2011 New York Law School

Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker

Articles & Chapters

Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.

Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who ...


Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard Harcourt 2011 Columbia Law School

Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard Harcourt

Faculty Scholarship

No abstract provided.


Turning The Corner On Mass Incarceration?, David Cole 2011 Georgetown University Law Center

Turning The Corner On Mass Incarceration?, David Cole

Georgetown Law Faculty Publications and Other Works

For the first time in forty years, the national incarceration rate is flattening out, even falling in state prisons. For the first time in three decades, the number of adults under any kind of correctional supervision—in prison or jail or on probation or parole—fell in 2009. At the same time, legal reforms that might have seemed impossible in prior years have increasingly been adopted, reducing penalties for certain crimes, eliminating mandatory sentencing for others, and increasing expenditures for reintegration of prisoners into society. And racial disparities, a persistent and deep-rooted problem in the American criminal justice system, after ...


Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer 2011 Barry University School of Law

Juvenile Sentencing In The Wake Of Graham V. Florida: A Look Into Uncharted Territory, Leanne Palmer

Barry Law Review

No abstract provided.


Mercy, Crime Control & Moral Credibility, Paul H. Robinson 2011 University of Pennsylvania

Mercy, Crime Control & Moral Credibility, Paul H. Robinson

Faculty Scholarship

If, in the criminal justice context, "mercy" is defined as forgoing punishment that is deserved, then much of what passes for mercy is not. Giving only minor punishment to a first-time youthful offender, for example, might be seen as an exercise of mercy but in fact may be simply the application of standard blameworthiness principles, under which the offender's lack of maturity may dramatically reduce his blameworthiness for even a serious offense. Desert is a nuanced and rich concept that takes account of a wide variety of factors. The more a writer misperceives desert as wooden and objective, the ...


[A Brief Comparative Summary Of The Criminal Law Of The] United States, Paul H. Robinson 2011 University of Pennsylvania

[A Brief Comparative Summary Of The Criminal Law Of The] United States, Paul H. Robinson

Faculty Scholarship

This chapter provides a very brief summary of the central features of American criminal law. Section II describes its source and current form, which is almost exclusively statutory, embodied in the criminal codes of each of the fifty American states and (to a lesser extent) the federal criminal code. Section III sketches the typical process by which a case moves through an American criminal justice system, from the report of a crime through trial and appellate review. Section IV summarizes the most basic objective and culpability requirements necessary to establish liability for an offense and the doctrines that sometimes impute ...


Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten 2010 Lund University, Faculty of Law

Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten

Ulf Maunsbach

No abstract provided.


Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan 2010 Southern Illinois University Carbondale

Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan

Lucian E Dervan

Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is ...


American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan 2010 Southern Illinois University Carbondale

American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan

Lucian E Dervan

In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s ...


Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian Dervan 2010 Southern Illinois University Carbondale

Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian Dervan

Lucian E Dervan

In discussing imperfections in the adversarial system, Professor Ribstein notes in his article entitled Agents Prosecuting Agents, that “prosecutors can avoid the need to test their theories at trial by using significant leverage to virtually force even innocent, or at least questionably guilty, defendants to plead guilty.” If this is true, then there is an enormous problem with plea bargaining, particularly given that over 95% of defendants in the federal criminal justice system succumb to the power of bargained justice. As such, this piece provides a detailed analysis of modern-day plea bargaining and its role in spurring the rise of ...


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