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Articles 2611 - 2640 of 14498
Full-Text Articles in Entire DC Network
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey
Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey
University of Denver Criminal Law Review
No abstract provided.
Are There No Prisons: Mental Health And The Criminal Justice System In The United States, Robert Rigg
Are There No Prisons: Mental Health And The Criminal Justice System In The United States, Robert Rigg
University of Denver Criminal Law Review
No abstract provided.
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
The Death Penalty Spectacle, Tung Yin
The Death Penalty Spectacle, Tung Yin
University of Denver Criminal Law Review
No abstract provided.
The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson
The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson
University of Denver Criminal Law Review
No abstract provided.
Admissibility Compared: The Reception Of Incriminating Expert Evidence (I.E., Forensic Science) In Four Adversarial Jurisdictions, Gary Edmond, Simon Cole, Emma Cunliffe, Andrew Roberts
Admissibility Compared: The Reception Of Incriminating Expert Evidence (I.E., Forensic Science) In Four Adversarial Jurisdictions, Gary Edmond, Simon Cole, Emma Cunliffe, Andrew Roberts
University of Denver Criminal Law Review
No abstract provided.
The Gordian Knot Of The Treatment Of Secondhand Facts Under Federal Rule Of Evidence 703 Governing The Admissibility Of Expert Opinions: Another Conflict Between Logic And Law, Edward J. Imwinkelried
The Gordian Knot Of The Treatment Of Secondhand Facts Under Federal Rule Of Evidence 703 Governing The Admissibility Of Expert Opinions: Another Conflict Between Logic And Law, Edward J. Imwinkelried
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Confronting The Backdoor Admission Of Testimonial Statements Against An Accused: The Danger Of Expert Reliance On Inadmissible Information, Sarah E. Stout
Confronting The Backdoor Admission Of Testimonial Statements Against An Accused: The Danger Of Expert Reliance On Inadmissible Information, Sarah E. Stout
University of Denver Criminal Law Review
No abstract provided.
Sacrificing Fundamental Principles Of Justice For Efficiency: The Case Against Alford Pleas, Brandi L. Joffrion
Sacrificing Fundamental Principles Of Justice For Efficiency: The Case Against Alford Pleas, Brandi L. Joffrion
University of Denver Criminal Law Review
No abstract provided.
Revisiting Dura Pharmaceuticals: Loss Causation & Criminal Securities Fraud Sentencing, Todd W. Barnet
Revisiting Dura Pharmaceuticals: Loss Causation & Criminal Securities Fraud Sentencing, Todd W. Barnet
University of Denver Criminal Law Review
No abstract provided.
Miranda, Morality, And Court-Created Caveats: A Reply To Malvina Halberstam, G. Kristian Miccio
Miranda, Morality, And Court-Created Caveats: A Reply To Malvina Halberstam, G. Kristian Miccio
University of Denver Criminal Law Review
No abstract provided.
Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam
Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Review
Full Issue, University Of Denver Criminal Law Review
University of Denver Criminal Law Review
No abstract provided.
The Impact Of Arizona V. Gant On Search And Seizure Law As Applied To Vehicle Searches, Michael C. Gizzi, R. Craig Curtis
The Impact Of Arizona V. Gant On Search And Seizure Law As Applied To Vehicle Searches, Michael C. Gizzi, R. Craig Curtis
University of Denver Criminal Law Review
No abstract provided.
The Man Behind The Curtain: Confronting Expert Testimony, Daniel W. Edwards
The Man Behind The Curtain: Confronting Expert Testimony, Daniel W. Edwards
University of Denver Criminal Law Review
No abstract provided.
Experimental Punishments, John F. Stinneford
Experimental Punishments, John F. Stinneford
Notre Dame Law Review
The Cruel and Unusual Punishments Clause prohibits, under its original meaning, punishments that are unjustly harsh in light of longstanding prior practice. The Clause does not prohibit all new punishments; rather, it directs that when a new punishment is introduced it should be compared to traditional punishments that enjoy long usage. This standard presents a challenge when the government introduces a new method of punishment, particularly one that is advertised as more “progressive” or “humane” than those it replaces. It may not always be obvious, for example, how to compare a prison sentence to a public flogging, or death by …
From Decarceration To E-Carceration, Chaz Arnett
From Decarceration To E-Carceration, Chaz Arnett
Cardozo Law Review
Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the importance of depopulating prisons and returning individuals to theircommunities. In recent years, an oppositional movement has developed, focused on highlighting the social harms of …
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Cardozo Law Review
No abstract provided.
The Right To Stay: The Suspension Clause, Constitutional Avoidance, And Federal District Court Jurisdiction To Grant Stays Of Removal Despite 8 U.S.C. Sec. 1252(G), Yael Ben Tov
Cardozo Law Review
No abstract provided.
Money Laundering In The Commercial Sex Market In The United States, Youngbee Dale
Money Laundering In The Commercial Sex Market In The United States, Youngbee Dale
Dignity: A Journal of Analysis of Exploitation and Violence
This paper describes money laundering techniques used by different criminal organizations operating in the U.S. sex market. Prior to this study, scholars have not investigated money laundering techniques used in the U.S. sex market in a comprehensive manner. This paper describes and categorizes methods used for money laundering. It discusses the similarities and differences in money laundering techniques in the U.S. sex markets. Current challenges to combating money laundering are reviewed and recommendations are made to strengthen the ongoing fight against money laundering in the U.S. sex markets.
Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley
Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley
Cleveland State Law Review
Regardless of the numerous differences between juveniles and adults, some states, including the State of Ohio, continue to impose upon juvenile homicide offenders one of the harshest forms of punishment: life without parole. In 2016, the United States Supreme Court decided Montgomery v. Louisiana, and in doing so, the Court reiterated its previous contention that a sentence of juvenile life without parole should only be imposed upon juvenile homicide offenders whose crimes reflect "irreparable corruption." The Supreme Court of Ohio has yet to apply the Court’s Montgomery decision, but this Note suggests that if it does, the court should …
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
University of Miami Law Review
The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …
Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary
Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary
Psychology Faculty Scholarship
Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …
Criminal Disenfranchisement: Deconstructing Its Justifications And Crafting State-Centered Solutions, Neely Baugh-Dash
Criminal Disenfranchisement: Deconstructing Its Justifications And Crafting State-Centered Solutions, Neely Baugh-Dash
Belmont Law Review
No abstract provided.
The First Amendment And Speech Urging Suicide: Lessons From The Case Of Michelle Carter And The Need To Expand Brandenburg'S Application, Clay Calvert
UF Law Faculty Publications
This Article examines the level of First Amendment protection that applies when a defendant-speaker is charged with involuntary manslaughter based on successfully urging a person to commit suicide. The Supreme Judicial Court of Massachusetts’ February 2019 decision in Commonwealth v. Carter provides a timely analytical springboard. The Article argues that courts should adopt the United States Supreme Court’s test for incitement created a half-century ago in Brandenburg v. Ohio before such speech is deemed unprotected by the First Amendment. It contends this standard is appropriate even in involuntary manslaughter cases where intent to cause a specific result is not required …
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Steven Calabresi, Gary S. Lawson
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Steven Calabresi, Gary S. Lawson
Faculty Scholarship
Since 1999, when the independent counsel provisions of the Ethics in Government Act expired, the Department of Justice (“DOJ”) has had in place regulations providing for the appointment of Special Counsels who possess “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” Appointments under these regulations, such as the May 17,2017 appointment of Robert S. Mueller to investigate the Trump campaign, are patently unlawful, for three distinct reasons.
/="/">
/="/">First, all federal offices must be “established by Law,” and there is no statute authorizing such an office in the DOJ. …
Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk
Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk
Loyola of Los Angeles Law Review
In 2014, Proposition 47 reclassified seven low-level felonies to misdemeanors, demonstrating voters’ striking rejection of California’s historically punitive sentencing policies. This Note examines the recent wave of California Supreme Court jurisprudence interpreting Proposition 47 by exploring the court’s varied readings of the initiative’s ballot materials and statutory text. While the court has liberally construed relief for affected property crimes, it has responded ambivalently in more controversial areas such as drug offenses, mandatory parole periods, and automatic resentencing. This variation reveals ideological tensions between the goal of expanding ameliorative benefits to low-level offenders and anxiety regarding public safety. This Note analyzes …