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Articles 2191 - 2220 of 8760
Full-Text Articles in Entire DC Network
The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan
The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan
Journal of Criminal Law and Criminology
No abstract provided.
One For The Price Of Two: How The Supreme Court Got It Half Right In Ramdass V. Angelone, Christopher Varas
One For The Price Of Two: How The Supreme Court Got It Half Right In Ramdass V. Angelone, Christopher Varas
Journal of Criminal Law and Criminology
No abstract provided.
Sentencing Eddie, Gerard E. Lynch
Sentencing Eddie, Gerard E. Lynch
Journal of Criminal Law and Criminology
No abstract provided.
Miranda's Exceptions In A Post-Dickerson World, Susan R. Klein
Miranda's Exceptions In A Post-Dickerson World, Susan R. Klein
Journal of Criminal Law and Criminology
No abstract provided.
Opaque Recklessness, Kimberly Kessler Ferzan
Opaque Recklessness, Kimberly Kessler Ferzan
Journal of Criminal Law and Criminology
No abstract provided.
Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness
Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness
Journal of Criminal Law and Criminology
No abstract provided.
Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran
Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran
Journal of Criminal Law and Criminology
No abstract provided.
Mitigating The Dangers Of Capital Convictions Based On Eyewitness Testimony Through Treason's Two-Witness Rule, Monika Jain
Mitigating The Dangers Of Capital Convictions Based On Eyewitness Testimony Through Treason's Two-Witness Rule, Monika Jain
Journal of Criminal Law and Criminology
No abstract provided.
A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka
A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka
Cardozo Journal of International and Comparative Law
The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
All Faculty Scholarship
This chapter assesses criminal law and enforcement in Russia. It addresses the history of the Russian criminal justice system and its reform, as well as Russia’s criminal procedure and substantive criminal law.
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Journal Articles
The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …
Joel Feinberg On Crime And Punishment: Exploring The Relationship Between The Moral Limits Of The Criminal Law And The Expressive Function Of Punishment, Bernard Harcourt
Joel Feinberg On Crime And Punishment: Exploring The Relationship Between The Moral Limits Of The Criminal Law And The Expressive Function Of Punishment, Bernard Harcourt
Faculty Scholarship
When I was originally approached to participate in this Symposium on the work and legacy of Joel Feinberg, I immediately began thinking about the influence of his essay The Expressive Function of Punishment on contemporary criminal law theory in the United States. That essay has contributed significantly to a growing body of scholarship associated with the resurgence of interest inexpressive theories of law. In the criminal law area, the expressivist movement traces directly and foremost to Feinberg's essay. As Carol Steiker observes, "Joel Feinberg can be credited with inaugurating the "expressivist" turn in punishment theory with his influential essay, The …
Guns, Crime, And Punishment In America, Bernard E. Harcourt
Guns, Crime, And Punishment In America, Bernard E. Harcourt
Faculty Scholarship
There are over 200 million firearms in private hands in the United States, more than a third of which are handguns. In 1993 alone, it is estimated that 1.3 million victims of serious violent crime faced an offender with a gun. In 1999, there were approximately 563,000 such victims. Estimates of defensive uses of firearms – situations where individuals used a gun to protect themselves, someone else, or their property – range from 65,000 to 2.5 million per year. Punishments for crimes committed with a firearm are severe: under the federal firearms enhancement statute, the mandatory minimum sentence for use …
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 …
Introduction To The Symposium: Religion's Role In The Administration Of The Death Penalty, Stephen P. Garvey
Introduction To The Symposium: Religion's Role In The Administration Of The Death Penalty, Stephen P. Garvey
William & Mary Bill of Rights Journal
No abstract provided.
Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young
Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young
William & Mary Bill of Rights Journal
This Paper explores the impact of the belief structure among white fundamentalist denominations on the support for the death penalty. Professor Robert L. Young observes that the tenets of fundamentalism, as well as the great extent that fundamentalists conform to the positions of their clergy, support this link between fundamentalism and a punitive orientation toward wrongdoers. Professor Young explains that members in white fundamentalist churches, to a greater extent than others, are inclined toward a negative view of human nature, which in turn leads to the belief that letting the guilty go free is a more serious mistake than convicting …
The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet
The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet
William & Mary Bill of Rights Journal
In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation's progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty's efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that …
Religious Organizations And The Death Penalty, Robert F. Drinan
Religious Organizations And The Death Penalty, Robert F. Drinan
William & Mary Bill of Rights Journal
Over the past several years, many questions have been raised concerning the application and effectiveness of the death penalty. Ironically, the Catholic Church, a long-time supporter of the death penalty, has become one of the most vocal critics of the death penalty. In this Essay, Father Robert F. Drinan documents the Church's new-found opposition to the death penalty, and discusses the influence the Church will have on the future of the death penalty.
State Of Israel V. Kahane, Theodor Or, Aharon Barak, Shlomo Levin, Yaakov Kedmi, Dalia Dorner, Jacob Turkel, Eliahu Mazza
State Of Israel V. Kahane, Theodor Or, Aharon Barak, Shlomo Levin, Yaakov Kedmi, Dalia Dorner, Jacob Turkel, Eliahu Mazza
Translated Opinions
Facts: Further hearing in the judgment of the Supreme Court (President A. Barak and Justices A. Goldberg and E. Mazza) dated March 2, 1998 in CA 6696/96 Benyamin Kahane v. State of Israel, in which Benyamin Kahane was acquitted of offenses based on sections 133 and 134(c) of the Penal Code 5737-1977. The acquittal overturned a conviction in the District Court which in turn had overturned an acquittal in the Magistrate’s Court. Two main issues were under consideration in the further hearing. The first dealt with the characteristics of the protected value or values in the offense of sedition …
Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo
Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo
Cardozo Law Review
No abstract provided.
An End To Insanity: Recasting The Role Of Mental Disability In Criminal Cases, Christopher Slobogin
An End To Insanity: Recasting The Role Of Mental Disability In Criminal Cases, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as lack of mens rea, self-defense and duress, as those defenses have been defined under modern subjectively-oriented codes. With the advent of these subjectively defined doctrines (a development which, ironically, took place during the same period that insanity formulations expanded), the insanity defense has outlived its usefulness, normatively and practically. Modern official formulations of the defense are overbroad because, fairly construed, they exculpate the vast …
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
University of Arkansas at Little Rock Law Review
No abstract provided.
The Importance Of Being Biased, Anthony M. Dillof
The Importance Of Being Biased, Anthony M. Dillof
Law Faculty Research Publications
No abstract provided.
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 …
Foreword: Is Justice Just Us?, Christopher Slobogin
Foreword: Is Justice Just Us?, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, including the act requirement for attempt, omission liability, accomplice liability, the felony-murder role, and the intoxication and insanity defenses. In virtually every study, the authors found that the subjects disagreed with the Model Penal Code's position, the common law's position, or both. The authors contend that results of surveys such as theirs should play a significant role in designing criminal doctrine, both because …
The Dead End Of Deterrence, And Beyond, Kyron Huigens
The Dead End Of Deterrence, And Beyond, Kyron Huigens
William & Mary Law Review
No abstract provided.
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Scholarly Articles
Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …