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Another Three Strikes Law: An In Depth Look At Florida's Prisoner Releasee Reoffender Punishment Act, Desiree M. Cuason Jan 1998

Another Three Strikes Law: An In Depth Look At Florida's Prisoner Releasee Reoffender Punishment Act, Desiree M. Cuason

St. Thomas Law Review

Part I of this Comment will provide a brief historical background of Florida's sentencing guidelines and present an in-depth analysis contrasting various "Three Strikes You're Out" laws throughout the nation and the Florida Act. Part II will discuss certain conflicts which may result from the passage of the Act. Part III will discuss future impact on issues such as increased workload, prison overcrowding, and the shifting of discretionary power from the judiciary to the prosecutor. Finally, Part IV will propose alternatives to further the goals of prevention and incapacitation.


Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring Jan 1998

Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring

UIC Law Review

No abstract provided.


Welcome To Anytown, U.S.A. - Home Of Beautiful Scenery (And A Convicted Sex Offender): Sex Offender Registration And Notification Laws In E.B. V. Verniero, David S. Dematteo Jan 1998

Welcome To Anytown, U.S.A. - Home Of Beautiful Scenery (And A Convicted Sex Offender): Sex Offender Registration And Notification Laws In E.B. V. Verniero, David S. Dematteo

Villanova Law Review (1956 - )

No abstract provided.


Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson Jan 1998

Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

St. Thomas Law Review

This Commentary will explore some of the jurisprudential and practical issues by examining the nature of victims' rights and victimization. After a brief introduction to the history of victim's rights amendments in the United States, this Commentary will explore the images in the rhetoric that lead to unreflective support for victims' rights, then turn to images of justice and arguments for a particular kind of victims' rights, together with a critique of that vision. Finally, this Commentary suggests some alternative approaches and programs that promise to be more helpful to victims of crime than any constitutional amendment would be.


Exluding Automobile Passengers From Fourth Amendment Protection, Jenny L. Riggs Jan 1998

Exluding Automobile Passengers From Fourth Amendment Protection, Jenny L. Riggs

Journal of Criminal Law and Criminology

No abstract provided.


Volunteerism And The Decline Of Violent Crime, Warren Friedman Jan 1998

Volunteerism And The Decline Of Violent Crime, Warren Friedman

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 1998

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard Jan 1998

The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard

Campbell Law Review

The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.


The Reactions Of Criminal Justice Professionals To A Law Review Symposium, Kevin R. Reitz, Alice Donnelly Madden Jan 1998

The Reactions Of Criminal Justice Professionals To A Law Review Symposium, Kevin R. Reitz, Alice Donnelly Madden

University of Colorado Law Review

No abstract provided.


30=20: "Understanding" Maximum Sentence Enhancements, Frank R. Herrmann Jan 1998

30=20: "Understanding" Maximum Sentence Enhancements, Frank R. Herrmann

Buffalo Law Review

No abstract provided.


Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson Jan 1998

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.


The Newly Found "Compassion" For Sexually Violent Predators: Civil Commitment And The Right To Treatment In The Wake Of Kansas V. Hendricks, Elizabeth Weeks Jan 1998

The Newly Found "Compassion" For Sexually Violent Predators: Civil Commitment And The Right To Treatment In The Wake Of Kansas V. Hendricks, Elizabeth Weeks

Scholarly Works

In light of heart-wrenching stories of sexual abuse and public demands for safety, the Kansas v. Hendricks case presented the Supreme Court with compelling facts on which to uphold the Kansas commitment strategy. After all, the statute prevented the release of a man whose history of sex crimes, incarceration, and institutionalization spanned nearly two decades, and who admitted he still had sexual desires for children but could not control his urges. Faced with that evidence, the Court would have been hard-pressed to strike down the Kansas statute by finding that such a predator received inadequate treatment for his disorder, or …


Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson Jan 1998

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Crime In Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, Garth Davies Jan 1998

Crime In Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, Garth Davies

Faculty Scholarship

In recent years, crime and public housing have been closely linked in our political and popular cultures. Tragic episodes of violence have reinforced the notion that public housing is a milieu with rates of victimization and offending far greater than other locales. However, these recent developments belie the complex social and political evolution of public housing from its origins in the 1930s, through urban renewal, and into the present.

Stereotypes abound about public housing, its management, residents, and crime rates. In reality, variation is the norm, and it is these variations that affect crime. The study of crime in public …


Toward Dispassionate, Effective Control Of Sexual Offenders , Carol L. Kunz Dec 1997

Toward Dispassionate, Effective Control Of Sexual Offenders , Carol L. Kunz

American University Law Review

No abstract provided.


Arkansas' Missed Opportunity For Rehabilitation: Sending Children To Adult Courts, Gerrard F. Glynn Oct 1997

Arkansas' Missed Opportunity For Rehabilitation: Sending Children To Adult Courts, Gerrard F. Glynn

University of Arkansas at Little Rock Law Review

No abstract provided.


Dangerous Offender Legislation: A Short Term Solution To A Long Term Problem, Amy M. Lageman Sep 1997

Dangerous Offender Legislation: A Short Term Solution To A Long Term Problem, Amy M. Lageman

Penn State International Law Review (1982 - 2011)

No abstract provided.


Recalibrating The Scales Of Justice Through National Punitive Damage Reform, Kimberly A. Pace Jun 1997

Recalibrating The Scales Of Justice Through National Punitive Damage Reform, Kimberly A. Pace

American University Law Review

No abstract provided.


America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith Apr 1997

America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith

Cardozo Journal of International and Comparative Law

The note examines the legal and policy responses to terrorism, focusing on the tension between combating terrorism effectively and safeguarding civil liberties. It critiques the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and comparable international measures, arguing that while these laws aim to address the growing threat of terrorism, they risk infringing on constitutional rights and international cooperation. The analysis highlights the challenges of balancing security concerns with democratic values and the need for coordinated global strategies to counter terrorism.


New Opportunities For Defense Attorneys: How Record Preservation Requirements After The New Habeas Bill Require Extensive And Exciting Trail Preparation, 30 J. Marshall L. Rev. 389 (1997), Andrea D. Lyon Jan 1997

New Opportunities For Defense Attorneys: How Record Preservation Requirements After The New Habeas Bill Require Extensive And Exciting Trail Preparation, 30 J. Marshall L. Rev. 389 (1997), Andrea D. Lyon

UIC Law Review

No abstract provided.


International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …


Peanut Butter And Politics: An Evaluation Of The Separation-Of-Powers Issues In Section 802 Of The Prison Litigation Reform Act, Jennifer A. Puplava Jan 1997

Peanut Butter And Politics: An Evaluation Of The Separation-Of-Powers Issues In Section 802 Of The Prison Litigation Reform Act, Jennifer A. Puplava

Indiana Law Journal

No abstract provided.


Section 1983 In The Second Circuit, Honorable George C. Pratt Jan 1997

Section 1983 In The Second Circuit, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Three Strikes: Can We Return To Rationality, Michael Vitiello Jan 1997

Three Strikes: Can We Return To Rationality, Michael Vitiello

Journal of Criminal Law and Criminology

No abstract provided.


Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter Jan 1997

Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter

Journal of Criminal Law and Criminology

No abstract provided.


Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski Jan 1997

Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski

Journal of Criminal Law and Criminology

No abstract provided.


Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway Jan 1997

Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway

Journal of Criminal Law and Criminology

No abstract provided.


Immaturity And Irresponsibility, Stephen J. Morse Jan 1997

Immaturity And Irresponsibility, Stephen J. Morse

Journal of Criminal Law and Criminology

No abstract provided.


Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld Jan 1997

Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.


The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso Jan 1997

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Journal of Criminal Law and Criminology

No abstract provided.