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Articles 2491 - 2520 of 3269
Full-Text Articles in Entire DC Network
As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole
As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole
Georgetown Law Faculty Publications and Other Works
According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …
Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb
Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb
Faculty Articles
Washington State's sentencing reform in the early 1980s encompassed all felonies, including those resulting in sentences to prison and jail; the state also enacted the first and only sentencing guidelines for juvenile offenders. Several lessons are suggested from Washington's experience: sentencing guidelines can change sentencing patterns and can reduce disparities among offenders who are sentenced for similar crimes and have similar criminal histories; a sentencing commission does not operate as an independent political force, except when such delegation serves the legislature's purpose; guidelines are policy-neutral technologies that can be harnessed to achieve the legislature's will; in states where citizen initiatives …
Cooley Innocence Project Kick-Off, Barry Scheck
Cooley Innocence Project Kick-Off, Barry Scheck
Articles
The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.
Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner
Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner
University of Arkansas at Little Rock Law Review
No abstract provided.
Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley
Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley
University of Arkansas at Little Rock Law Review
No abstract provided.
Schwartz V. State Of Israel, Dorit Beinisch, Aharon Barak, Dalia Dorner, Eliahu Mazza, Mishael Cheshin, Shlomo Levin, Theodor Or, Tova Strasberg-Cohen, Yaakov Kedmi
Schwartz V. State Of Israel, Dorit Beinisch, Aharon Barak, Dalia Dorner, Eliahu Mazza, Mishael Cheshin, Shlomo Levin, Theodor Or, Tova Strasberg-Cohen, Yaakov Kedmi
Translated Opinions
Facts: The applicant was convicted in the District Court in Tel-Aviv-Jaffa of two offenses: the commission of rape under section 345(A)(1) of the Penal Law 5737-1977 and the commission of sodomy, an offense under section 347(A) of the Penal Law. The applicant was sentenced to four years in prison, of which three years were of actual imprisonment and one year was on probation. In addition the court ordered the applicant to compensate the complainant in the amount of NIS 10,000. At the time the conviction was handed down, at the request of the applicant’s counsel, the District Court stayed …
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Michigan Telecommunications & Technology Law Review
...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met …
Rationalizing Juvenile Justice, Carolyn J. Frantz
Rationalizing Juvenile Justice, Carolyn J. Frantz
Michigan Law Review
Few issues have occupied the public mind so much in recent years as the problem of youth violence. Due to sensational school shootings and public paranoia about the violence of youth gangs, America is concerned - very concerned - about the growing criminality of its children. In our concern, we find ourselves caught in the classic conundrum of criminal responsibility: reconciling the unavoidable knowledge that much of human behavior is determined with our strong instincts about free will. We blame violent television and video games, we blame single mothers, we blame low church attendance, but when all is said and …
Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid
Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid
Cardozo Journal of International and Comparative Law
The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …
The Role Of "De Minimis" Injury In The Excessive Force Determination: Taylor V. Mcduffie And The Fourth Circuit Stand Alone, Troy J. Aramburu
The Role Of "De Minimis" Injury In The Excessive Force Determination: Taylor V. Mcduffie And The Fourth Circuit Stand Alone, Troy J. Aramburu
Brigham Young University Journal of Public Law
No abstract provided.
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
Washington International Law Journal
Japan's Firearm and Sword Possession Control Law was amended in 1993 and again in 1995, partially in response to changing firearms confiscation demographics. In the past, most firearms were confiscated from members of organized crime groups, and the Japanese viewed firearms largely as a danger related to organized crime. However, confiscation statistics suggest that firearms are moving into the hands of the general population, increasing the risk firearms pose to public safety in Japan. In response to this trend, Japan amended the Firearm and Sword Possession Control Law in 1993 and 1995 by adding add new crimes, more severe punishments, …
Firearm And Sword Possession Control Law, Mark Alleman
Firearm And Sword Possession Control Law, Mark Alleman
Washington International Law Journal
This Law sets forth safety regulations necessary for the prevention of harm related to the possession and use of firearms and swords.
Judicial Review & The Policy Of Federal Abstention: A Juvenile's Right To Ensure The Existence Of A "Substantial Federal Interest", Matthew Drexler
Judicial Review & The Policy Of Federal Abstention: A Juvenile's Right To Ensure The Existence Of A "Substantial Federal Interest", Matthew Drexler
Michigan Law Review
The problem of juvenile delinquency must be dealt with in an effective and meaningful manner if we are to reduce the ever increasing levels of crime and improve the quality of life in America. With these words, the United States Senate opened its report in support of the first major federal juvenile delinquency statute in almost forty years. The goal of the statute and of federal involvement in juvenile delinquency proceedings was to give the highest attention to preventing juvenile crime and to minimizing the involvement of juveniles in the juvenile and criminal justice systems. Until 1974, the federal government …
A Study In "Actuarial Justice": Sex Offender Classification Practice And Procedure, Wayne A. Logan
A Study In "Actuarial Justice": Sex Offender Classification Practice And Procedure, Wayne A. Logan
Scholarly Publications
No abstract provided.
The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl
The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl
War Crimes Memoranda
No abstract provided.
Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons
Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Does Economic Crime Pay In Pennsylvania - The Perception Of Leniency In Pennsylvania Economic Offender Sentencing, Peter Fridirici
Does Economic Crime Pay In Pennsylvania - The Perception Of Leniency In Pennsylvania Economic Offender Sentencing, Peter Fridirici
Villanova Law Review (1956 - )
No abstract provided.
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Villanova Law Review (1956 - )
No abstract provided.
Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty
Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty
Cleveland State Law Review
This Thesis discusses the ‘straight release’ program implemented by the Cleveland Police Department in the late 1990’s. It starts by describing the 24-hour charge or release rule, and how criminals were arrested, released, and arraignment notices were later sent to them by mail. Criminals used aliases to hinder the indictment procedure. Part V discusses national trends in arrest to disposition rates. Parts VI – X discusses Cleveland practices in the criminal justice system. Part XI discusses the effects of failure to identify arrested suspects before releasing them. Part XII describes the chaos of the municipal court. Part XIII discusses the …
Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose Or Destroy Evidence With Apparent Exculpatory, Elizabeth A. Bawden
Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose Or Destroy Evidence With Apparent Exculpatory, Elizabeth A. Bawden
Cleveland State Law Review
Part I of this Article examines the first question, what does it mean for evidence to have "apparent exculpatory value?" Part II of this Article answers the second question, when does Youngblood's bad faith requirement apply in failure to preserve evidence cases? Part III then seeks to determine the substance of Youngblood's bad faith requirement and identify the best approach to defining it. Ultimately, this Article argues that there are three common mistakes that courts make when applying Trombetta and Youngblood.
Restorative Justice And The Prosecutor, Frederick W. Gay
Restorative Justice And The Prosecutor, Frederick W. Gay
Fordham Urban Law Journal
A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.
Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor
Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor
Touro Law Review
No abstract provided.
Restorative Justice And The Prosecutor, Frederick W. Gay
Restorative Justice And The Prosecutor, Frederick W. Gay
Fordham Urban Law Journal
A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.
Big Brother And His Science Kit: Dna Databases For 21st Century Crime Control, Paul E. Tracy, Vincent Morgan
Big Brother And His Science Kit: Dna Databases For 21st Century Crime Control, Paul E. Tracy, Vincent Morgan
Journal of Criminal Law and Criminology
No abstract provided.
Prosecutorial Discretion And Prosecution Guidelines: A Case Study In Controlling Federalization, Michael A. Simons
Prosecutorial Discretion And Prosecution Guidelines: A Case Study In Controlling Federalization, Michael A. Simons
Faculty Publications
In this Article Michael Simons examines the ways in which the federalization of crime can be controlled. Simons argues that prosecutorial discretion is the most important variable in the federalization process and that controlling prosecutorial discretion is the key to controlling federalization. He presents the Child Support Recovery Act as a model for how prosecution guidelines for federal criminal statutes can provide such control Federalization of criminal child support enforcement has been successful because federal prosecutors have exercised discretion in a manner consistent with the concerns expressed by the bench and the academy about federalization. Simons concludes by exploring how …
Annual Survey Of Virginia Law: Criminal Law And Procedure, Michael Edmund O'Neill
Annual Survey Of Virginia Law: Criminal Law And Procedure, Michael Edmund O'Neill
University of Richmond Law Review
The Commonwealth of Virginia is so named (as opposed to being denominated simply a "state") because the term "commonwealth" is used to indicate a government in which "supreme power is vested in the people."' That term is particularly apt, for in what better way does a government provide for the common weal of its people than by protecting them against crime, while at the same time respecting their individual rights and liberties? This is a delicate balance, one that is reflected in this survey of the most recent developments in Virginia criminal law and procedure. The legislative enactments and judicial …
Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser
Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser
Scholarly Works
No abstract provided.
Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno
Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno
Cardozo Law Review
No abstract provided.
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Mercer Law Review
The Georgia Court of Appeals and Supreme Court produce a prodigious number of opinions in criminal cases every year. We reviewed 940 cases for this reporting period. We refrained from straying outside the reporting period, even though one recent case of significance tempted us greatly. Look for it in next year's review. We are trial lawyers, so we organized this article in roughly the order in which issues may arise in the average case. If no opinions of note came out of the appellate courts in a given area of law, such as in the area of bonds and pretrial …
Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.