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Articles 2641 - 2670 of 3269
Full-Text Articles in Entire DC Network
The Foreign Intelligence Surveillance Act And The Fourth Amendment: Time To Legislate A Criminal Standard For Probable Cause, Joseph M. Teefey Jr.
The Foreign Intelligence Surveillance Act And The Fourth Amendment: Time To Legislate A Criminal Standard For Probable Cause, Joseph M. Teefey Jr.
University of the District of Columbia Law Review
No abstract provided.
Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly
Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly
Washington and Lee Law Review
No abstract provided.
Damage Control For Victims Of Sexual Assault—Testing The Innocent For Aids, Michael P. Bruyere
Damage Control For Victims Of Sexual Assault—Testing The Innocent For Aids, Michael P. Bruyere
Florida State University Law Review
No abstract provided.
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Florida State University Law Review
No abstract provided.
Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines
Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines
St. Thomas Law Review
This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Seattle University Law Review
This Note analyzes the Roulette holding with respect to prior decisions on begging and vagrancy. In addition, this Note discusses the sidewalk ordinance with respect to the efforts of other communities to control the detrimental effects of a growing homeless population. This Note concludes that the Roulette holding strikes a constitutionally valid doctrinal and jurisprudential middle ground between abandoning the streets to the homeless and driving them from the community. It is argued that the sidewalk ordinance is normatively valid, in that it sets a reasonable standard of conduct that meets commonly accepted norms of civility, serving to benefit the …
Hostages In The ‘Hood, Robert A. Destro
Hostages In The ‘Hood, Robert A. Destro
Scholarly Articles
The goal of this essay is to sketch out an approach which attempts to highlight the multiplicity of interests necessarily included in, but not always identified in, debates over gang control policy. The intent is not so much to suggest a way in which to resolve these often competing interests (which would be impossible in any event), or even to attempt an exhaustive discussion of the most important ones. It is, rather, to suggest that a feel for context and a sense of proportion is or ought to be critical in all discussions of gang control policy.
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Faculty Publications
No abstract provided.
Police Interrogation: The Privilege Against Self-Incrimination, The Right To Counsel, And The Incomplete Metamorphosis Of Justice White, 48 U. Miami L. Rev. 511 (1994), Ralph Ruebner
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Transatlantic Perspective On The Compensation Of Crime Victims In The United States, Desmond S. Greer
A Transatlantic Perspective On The Compensation Of Crime Victims In The United States, Desmond S. Greer
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--The Adoption Of The Same Elements Test: The Supreme Court's Failure To Adequately Protect Defendants From Double Jeopardy, Kirstin Pace
Journal of Criminal Law and Criminology
No abstract provided.
Habeas Corpus--Fifth Amendment--The Supreme Court's Cost-Benefit Analysis Of Federal Habeas Review Of Alleged Miranda Violations, Anthony P. Bigornia
Habeas Corpus--Fifth Amendment--The Supreme Court's Cost-Benefit Analysis Of Federal Habeas Review Of Alleged Miranda Violations, Anthony P. Bigornia
Journal of Criminal Law and Criminology
No abstract provided.
Habeas Corpus--Limited Review For Actual Innocence, Jennifer Breuer
Habeas Corpus--Limited Review For Actual Innocence, Jennifer Breuer
Journal of Criminal Law and Criminology
No abstract provided.
Capital Confusion: The Effect Of Jury Instructions On The Decision To Impose Death, Susie Cho
Capital Confusion: The Effect Of Jury Instructions On The Decision To Impose Death, Susie Cho
Journal of Criminal Law and Criminology
No abstract provided.
Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing
Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing
University of Richmond Law Review
"We cannot put up with this kind of animal behavior. These people have no place in decent society, and ... they can go to jail and they can stay in jail and they can rot in jail for crimes like that." Soon after speaking those words, on October 25, 1992, President George Bush signed the Anti Car Theft Act of 1992 in Detroit, Michigan. For the citizens of Detroit, it was a fitting response to the crime that was coined "carjacking" and popularized in the same city-the Motor City-in the heat of the summer of 1991. Earlier federal legislation, the …
Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Daniel C. Richman, Bruce A. Green
Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Daniel C. Richman, Bruce A. Green
Faculty Scholarship
As a general rule, criminal defendants whose cases made it to the Supreme Court between 1967 and 1991 must have thought that, as long as Justice Thurgood Marshall occupied one of the nine seats, they had one vote for sure. And Justice Marshall rarely disappointed them – certainly not in cases of any broad constitutional significance. From his votes and opinions, particularly his dissents, many were quick to conclude that the Justice was another of those "bleeding heart liberals," hostile to the mission of law enforcement officers and ready to overlook the gravity of the crimes of which the defendants …
Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra A. Livingston
Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra A. Livingston
Faculty Scholarship
In January 1994, President Clinton invited Kevin Jett, a thirtyone-year-old New York City police officer who walks a beat in the northwest Bronx, to attend the State of the Union Address. Jett stood for Congress's applause as the President called for the addition of 100,000 new community police officers to walk beats across the nation. The crime problem faced by Officer Jett and community police officers like him, the President said, has its roots "in the loss of values, the disappearance of work, and the breakdown of our families and communities." According to the Clinton administration, however, the police – …
A Return To The "Bright Line Rule" Of Miranda, Paul Marcus
A Return To The "Bright Line Rule" Of Miranda, Paul Marcus
William & Mary Law Review
No abstract provided.
Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander
Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander
University of Miami Law Review
No abstract provided.
Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins
Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins
Washington and Lee Law Review
No abstract provided.
Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller
Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller
Michigan Journal of International Law
The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …
Habeas Corpus: Unresolved Standard Of Review On Mixed Questions For State Prisoners, James Basta
Habeas Corpus: Unresolved Standard Of Review On Mixed Questions For State Prisoners, James Basta
Journal of Criminal Law and Criminology
No abstract provided.
The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner
The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner
UIC Law Review
No abstract provided.
Facilities Review Panel V. Coe: The West Virginia Supreme Court Of Appeals Adopts An Objective Approach To Deciding Pretrial Detention Of Accused Juveniles, Elizabeth S. Lawton
Facilities Review Panel V. Coe: The West Virginia Supreme Court Of Appeals Adopts An Objective Approach To Deciding Pretrial Detention Of Accused Juveniles, Elizabeth S. Lawton
West Virginia Law Review
No abstract provided.
Curing America's Addiction To Prisons, David C. Leven
Curing America's Addiction To Prisons, David C. Leven
Fordham Urban Law Journal
Our prisons have failed society because they do not, generally, provide an experience that is likely to help offenders overcome the obstacles that led them to make mistakes for which they are now being punished. Instead, they reinforce the violence and exploitation that many offenders were sentenced to prison for in the first place. They have failed because they do not promote restoration, a key to successful reintegration, and nobody benefits when offenders are more dangerous when they are released than when they entered prison. This Essay proposes that a restorative model of justice replace our failed punitive model. By …
The Urban Criminal Justice System Can Be Fair, Charles J. Hynes
The Urban Criminal Justice System Can Be Fair, Charles J. Hynes
Fordham Urban Law Journal
This essay contains perspectives on fairness in the criminal justice system. It is written by a prosecutor with experience in an urban setting. He touches on topics such as racism, jury selection, the Rodney King case, the Howard Beach Case.
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Jails And Prisons -- Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan
Fordham Urban Law Journal
The resurgence of tuberculosis (TB) in urban areas has direct and alarming consequences within the criminal justice system. Lock-up facilities, jails and prisons are TB breeding grounds. TB strikes with vengeance in populations with physical vulnerabilities caused by alcoholism, drug addiction, malnutrition, and HIV/AIDS and other immune-suppressing conditions. This Essay argues that it is time for New York State to reevaluate the mandatory sentencing laws and restrictions on plea bargaining. The interaction of HIV disease and TB offers a striking example of why justice is not served by binding the judiciary's hands. This Essay provides a medical overview of HIV …
Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias
Urban Criminal Justice: Has The Response To The Hiv Epidemic Been "Fair"?, Richard J. Andrias
Fordham Urban Law Journal
The HIV epidemic is almost a decade old and it is estimated that one million to two million Americans are infected. Nevertheless, too often it has been irrational fears of contagion and disapproval of the subcultures associated with the illness that have driven society's response to the epidemic. Has the legal community, which prides itself on being governed by due process and rationality, reacted any differently than society at large? To what degree have legal decisions and policies been governed by fear, prejudice, and ignorance rather than by science and sound public policy? This Essay will explore the response of …
The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
Journal of Criminal Law and Criminology
No abstract provided.
The Realities Of Punishment, David A. Harris
The Realities Of Punishment, David A. Harris
Journal of Criminal Law and Criminology
No abstract provided.