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Let The Punishment Fit The Crime: Should Courts Exercise The Power Of Appellate Sentence Review In Cases Involving Narcotics And Other Stigmatized Crimes, Lee Dionne Jan 2008

Let The Punishment Fit The Crime: Should Courts Exercise The Power Of Appellate Sentence Review In Cases Involving Narcotics And Other Stigmatized Crimes, Lee Dionne

Journal of Criminal Law and Criminology

No abstract provided.


An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky Jan 2008

An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky

Journal of Criminal Law and Criminology

No abstract provided.


Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner Jan 2008

Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner

Journal of Criminal Law and Criminology

No abstract provided.


The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff Jan 2008

The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff

Journal of Criminal Law and Criminology

No abstract provided.


The Felony Murder Rule In Illinois: The Injustice Of The Proximate Cause Theory Explored Via Research In Cognitive Psychology, Martin Lijtmaer Jan 2008

The Felony Murder Rule In Illinois: The Injustice Of The Proximate Cause Theory Explored Via Research In Cognitive Psychology, Martin Lijtmaer

Journal of Criminal Law and Criminology

No abstract provided.


Of Vice And Men: A New Approach To Eradicating Sex Trafficking By Reducing Male Demand Through Educational Programs And Abolitionist Legislation, Iris Yen Jan 2008

Of Vice And Men: A New Approach To Eradicating Sex Trafficking By Reducing Male Demand Through Educational Programs And Abolitionist Legislation, Iris Yen

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: Symposium On Redefining International Criminal Law Jan 2008

Foreword: Symposium On Redefining International Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.


Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel Jan 2008

Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal of Criminal Law and Criminology

No abstract provided.


The New Wars And The Crisis Of Compliance With The Law Of Armed Conflict By Non-State Actors, M. Cherif Bassiouni Jan 2008

The New Wars And The Crisis Of Compliance With The Law Of Armed Conflict By Non-State Actors, M. Cherif Bassiouni

Journal of Criminal Law and Criminology

No abstract provided.


From Incitement To Indictment - Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon Jan 2008

From Incitement To Indictment - Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon

Journal of Criminal Law and Criminology

No abstract provided.


State Policy As An Element Of International Crimes, William A. Schabas Jan 2008

State Policy As An Element Of International Crimes, William A. Schabas

Journal of Criminal Law and Criminology

No abstract provided.


The Constitutionality Of The Rome Statute Of The International Criminal Court, David Scheffer, Ashley Cox Jan 2008

The Constitutionality Of The Rome Statute Of The International Criminal Court, David Scheffer, Ashley Cox

Journal of Criminal Law and Criminology

No abstract provided.


Police, Politics, And Culture In A Deeply Divided Society, Badi Hasisi Jan 2008

Police, Politics, And Culture In A Deeply Divided Society, Badi Hasisi

Journal of Criminal Law and Criminology

No abstract provided.


Hearts On Their Sleeves: Symbolic Displays Of Emotion By Spectators In Criminal Trials, Meghan E. Lind Jan 2008

Hearts On Their Sleeves: Symbolic Displays Of Emotion By Spectators In Criminal Trials, Meghan E. Lind

Journal of Criminal Law and Criminology

No abstract provided.


Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones Jan 2008

Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones

Journal of Criminal Law and Criminology

No abstract provided.


Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht Jan 2008

Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Prosecution In Sheep's Clothing: The Punitive Effects Of Ofac Freezing Sanctions, Vanessa Ortblad Jan 2008

Criminal Prosecution In Sheep's Clothing: The Punitive Effects Of Ofac Freezing Sanctions, Vanessa Ortblad

Journal of Criminal Law and Criminology

No abstract provided.


Pedophiles In Wonderland: Censoring The Sinful In Cyberspace, Gabrielle Russell Jan 2008

Pedophiles In Wonderland: Censoring The Sinful In Cyberspace, Gabrielle Russell

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2008

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Mens Rea For Sexual Abuse: The Case For Defining The Acceptable Risk, Eric A. Johnson Jan 2008

Mens Rea For Sexual Abuse: The Case For Defining The Acceptable Risk, Eric A. Johnson

Journal of Criminal Law and Criminology

No abstract provided.


When Human Experimentation Is Criminal , L. Song Richardson Jan 2008

When Human Experimentation Is Criminal , L. Song Richardson

Journal of Criminal Law and Criminology

No abstract provided.


The Consequences Of Law Enforcement Officials' Failure To Record Custodial Interviews As Required By Law, Thomas P. Sullivan, Andrew W. Vail Jan 2008

The Consequences Of Law Enforcement Officials' Failure To Record Custodial Interviews As Required By Law, Thomas P. Sullivan, Andrew W. Vail

Journal of Criminal Law and Criminology

No abstract provided.


Juveniles' Competency To Stand Trial: Wading Through The Rhetoric And The Evidence, Joseph B. Jr. Sanborn Jan 2008

Juveniles' Competency To Stand Trial: Wading Through The Rhetoric And The Evidence, Joseph B. Jr. Sanborn

Journal of Criminal Law and Criminology

No abstract provided.


Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny Jan 2008

Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny

Journal of Criminal Law and Criminology

No abstract provided.


A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller Jan 2008

A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller

Journal Articles

This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …


Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl Jan 2008

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.


Social Science And The Evolving Standards Of Death Penalty Law, Samuel R. Gross, Phoebe C. Ellsworth Jan 2008

Social Science And The Evolving Standards Of Death Penalty Law, Samuel R. Gross, Phoebe C. Ellsworth

Book Chapters

Unlike many of the topics covered in this book, death penalty litigation involves a wide variety of empirical issues. The Eighth Amendment of the U.S. Constitution provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." But what is a "cruel and unusual punishment?" It could be a punishment that is morally unacceptable to the American people, like cutting off noses or hands. Following the other clauses of the amendment, it could be a punishment that is excessive, in that a lesser penalty would achieve the same ends. For example, if a …


Sex Offender As Scapegoat: The Monstrous Other Within, John Douard Jan 2008

Sex Offender As Scapegoat: The Monstrous Other Within, John Douard

NYLS Law Review

No abstract provided.


Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira Jan 2008

Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira

Articles by Maurer Faculty

In the aftermath of the Oklahoma City bombing, processes of reconstruction - remembering victims, caring for family members and survivors, and punishing the perpetrators - began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships - between family members and …


The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa Jan 2008

The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa

Journal Articles

No abstract provided.