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Articles 2671 - 2700 of 3269
Full-Text Articles in Entire DC Network
Fourteenth Amendment--The Continued Confinement Of Insanity Acquittees, Ellen M. Papadakis
Fourteenth Amendment--The Continued Confinement Of Insanity Acquittees, Ellen M. Papadakis
Journal of Criminal Law and Criminology
No abstract provided.
Consent Decrees In Prison And Jail Reform--Relaxed Standard Of Review For Government Motions To Modify Consent Decrees, Michael J. Fieweger
Consent Decrees In Prison And Jail Reform--Relaxed Standard Of Review For Government Motions To Modify Consent Decrees, Michael J. Fieweger
Journal of Criminal Law and Criminology
No abstract provided.
Junk Science: The Criminal Cases, Paul C. Giannelli
Junk Science: The Criminal Cases, Paul C. Giannelli
Journal of Criminal Law and Criminology
No abstract provided.
Ignorance Is Bliss, Especially For The Tax Evader, Mark C. Winings
Ignorance Is Bliss, Especially For The Tax Evader, Mark C. Winings
Journal of Criminal Law and Criminology
No abstract provided.
For The Criminal Practitioner Review Of Fourth Circuit Opinions In Criminal Cases Decided In Calendar Year 1992, Carl Horn
Washington and Lee Law Review
No abstract provided.
The Clemency Process In Virginia, Walter A. Mcfarlane
The Clemency Process In Virginia, Walter A. Mcfarlane
University of Richmond Law Review
When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.
Hate Crime Statutes: A Promising Tool For Fighting Violence Against , Marguerite Angelari
Hate Crime Statutes: A Promising Tool For Fighting Violence Against , Marguerite Angelari
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Are Spread Out Cities Really Safer? (Or, Is Atlanta Safer Than New York?), Michael Lewyn
Are Spread Out Cities Really Safer? (Or, Is Atlanta Safer Than New York?), Michael Lewyn
Scholarly Works
No abstract provided.
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
Articles & Chapters
No abstract provided.
Agreements For Cooperation In Criminal Cases, Graham Hughes
Agreements For Cooperation In Criminal Cases, Graham Hughes
Vanderbilt Law Review
In criminal prosecutions, both state and federal, closely negotiated agreements for immunity and lenient plea bargaining in return for co- operation have acquired considerable importance. These agreements are an ancient practice now wearing sophisticated modern dress. They may arise in complex white-collar crime cases, organized crime cases, narcotics prosecutions, and, from time to time, in other prominent major felony cases. They constitute a phenomenon that differs in important ways from the run-of-the-mill guilty pleas that characterize our metropolitan courts and recently have preoccupied students of the criminal system. Unlike the ordinary guilty plea, the suspect or defendant in co- operation …
Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis
Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis
Seattle University Law Review
This Article does not attempt a complete analysis of all the constitutional implications of Foucha,nor does it attempt to provide a definitive answer to the question of the constitutionality of Washington's sexual predator statute. Rather, because Foucha addressed important due process and equal protection questions relevant to the Washington statute, the Article is an attempt to analyze the case's basic constitutional holdings and discussion on the issue of state deprivation of physical liberty.
The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing
The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing
Seattle University Law Review
What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation …
Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day
Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day
Seattle University Law Review
This Comment argues that the juvenile justice system should be retained in theory, but that Washington’s punitive approach has failed and should be restructured to embrace a system that focuses more on the needs of the offender than on the results of the offense. This Comment advocates for the punitive system to be replaced by laws that once again make rehabilitation a primary goal, but that also provide juveniles with the procedural safeguards necessary to ensure survival in the system. This Comment proposes a significant restructuring of the current system as a means of achieving that goal.
Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond
Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond
Seattle University Law Review
This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.
Fifth Amendment--The Constitutionality Of Custodial Confessions, Anne Elizabeth Link
Fifth Amendment--The Constitutionality Of Custodial Confessions, Anne Elizabeth Link
Journal of Criminal Law and Criminology
No abstract provided.
Institutional Perspective On Policing, John P. Crank, Robert Langworthy
Institutional Perspective On Policing, John P. Crank, Robert Langworthy
Journal of Criminal Law and Criminology
No abstract provided.
Abolition And Reinstatement Of Capital Punishment During The Progressive Era And Early 20th Century, John F. Galliher, Gregory Ray, Brent Cook
Abolition And Reinstatement Of Capital Punishment During The Progressive Era And Early 20th Century, John F. Galliher, Gregory Ray, Brent Cook
Journal of Criminal Law and Criminology
No abstract provided.
Well Kept: Comparing Quality Of Confinement In Private And Public Prisons, Charles H. Logan
Well Kept: Comparing Quality Of Confinement In Private And Public Prisons, Charles H. Logan
Journal of Criminal Law and Criminology
No abstract provided.
Notes: Criminal Law — Evidence — Evidence Of Refusal To Submit To Chemical Breath Test For Alcohol Admissible Only When Relevant To Matters Other Than Defendant's Innocence Or Guilt. Krauss V. State, 322 Md. 376, 587 A.2d 1102 (1991), Howard S. Cohen
University of Baltimore Law Review
No abstract provided.
1992 Criminal Law Legislative Update, H. Patrick Furman
1992 Criminal Law Legislative Update, H. Patrick Furman
Publications
No abstract provided.
Ex Post Facto In The Civil Context: Unbridled Punishment, Jane H. Aiken
Ex Post Facto In The Civil Context: Unbridled Punishment, Jane H. Aiken
Georgetown Law Faculty Publications and Other Works
This Article outlines the historical background of the Ex Post Facto Clause, focusing on the intent of the framers and the Supreme Court's narrowing of the Clause to apply only to criminal statutes and any civil statutes that are unmistakably punitive in nature. The focus then shifts to the problem of mixed motives in legislative acts.
Environmental Criminal Prosecutions: Simple Fixes For A Flawed System, Kevin A. Gaynor, Jodi C. Remer, Thomas R. Bartman
Environmental Criminal Prosecutions: Simple Fixes For A Flawed System, Kevin A. Gaynor, Jodi C. Remer, Thomas R. Bartman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass
Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass
McGeorge School of Law Scholarly Articles
No abstract provided.
The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks
The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks
Seattle University Law Review
This Article will address four major substantive constitutional and moral challenges to the Washington Sexually Violent Predator statute. The first is that the statute provides for unacceptable preventive detention contrary to American tradition and law. The second is that the terminology used to identify the mental condition of sexually violent predators is vague and meaningless, resulting in inaccurate and unfair applications and lacking in uniformity. The third objection is that the treatment program necessarily relies on a false assumption that efficacious treatment is available and argues that without efficacious treatment the statute must fail. Fourth, the confinement involved, which theoretically …
Criminal Law - New Standards Under The Sentencing Guidelines, Gerard M. O'Rourke
Criminal Law - New Standards Under The Sentencing Guidelines, Gerard M. O'Rourke
Villanova Law Review (1956 - )
No abstract provided.
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Indiana Law Journal
No abstract provided.
Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli
Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli
Vanderbilt Law Review
"At bottom the case against Claus von Bilow was a scientific case. It would have to be refuted by scientific evidence,"' wrote Alan Dershowitz. The von Bilow case is not alone. Many recent notorious criminal trials involved scientific proof. For example, the prosecution offered hypnotically refreshed testimony and bite mark evidence in the Ted Bundy case. Fiber evidence proved critical in the trial of Wayne Williams for the murder of two of the thirty young black males killed in Atlanta in the late 1970s.' Other illustrations include the pathology and serology testimony in the Jean Harris trial, the forensic analysis …
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Faculty Scholarship
No abstract provided.