Digital Commons Network^™

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.

The Right To A Fair Trial In China, Daphne Huang

Washington International Law Journal

The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China's Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard. China's history of human rights abuses and the obstacles to compliance make enforcement of the right seem an insunnountable task. However, the trends of democratization and economic globalization, combined with optimistic reports of political reform in China provide hope that compliance with the right will eventually be achieved.

Beyond Privacy, Beyond Probable Cause, Beyond The Fourth Amendment: New Strategies For Fighting Pretext Arrests, 69 U. Colo. L. Rev. 693 (1998), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Reasonable Doubt In Doubt: Sentencing And The Supreme Court In United States V. Watts, Sandra K. Wolkov

University of Miami Law Review

No abstract provided.

The American "Adversary System"?, William T. Pizzi

Publications

No abstract provided.

Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article argues that a prosecutor's intent is always relevant to the courts' analysis of misconduct, and that the courts should always consider a prosecutor's intent in determining whether a rule was violated and whether the verdict was prejudiced. Part II of this Article examines the use of the objective test to analyze a prosecutor's trial conduct. Part II offers several reasons courts give for avoiding inquiry into a prosecutor's mental culpability, analyzes those reasons, and concludes that although the application of an objective test is sufficient to correct misconduct in some instances, it does not foreclose application of a …

Feminism And Defending Men On Death Row, Phyllis L. Crocker

Law Faculty Articles and Essays

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …

Criminal Procedure—Crazy As I Need To Be: The United States Supreme Court's Latest Addition To The Incompetency Doctrine. Cooper V. Oklahoma, 116 S. Ct. 1373 (1996)., S. Christopher Thomason

University of Arkansas at Little Rock Law Review

No abstract provided.

Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

No abstract provided.

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …

The Breard Case And The Virtues Of Forbearance, John G. Douglass

Law Faculty Publications

At a time when the scheduled execution of Angel Francisco Breard made Virginia the focus of a groundbreaking controversy over the reach of internationallaw into the domestic criminal process of the United States, law students and faculty at the University of Richmond had the unique opportunity to consider the case along with Philippe Sands, then a Visiting Allen Chair Professor at the University.

Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf

Cardozo Journal of Equal Rights & Social Justice

The note argues that prison nurseries offer a viable solution to the challenges faced by incarcerated mothers and their children, addressing the detrimental effects of separation on both. It advocates for the implementation of prison nurseries to support maternal care and rehabilitation, while also highlighting the need for legal and policy reforms to ensure equitable treatment and protect parental rights.

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Publicity In High Profile Criminal Cases, H. Patrick Furman

Publications

No abstract provided.

Policing For Profit: The Drug War’S Hidden Economic Agenda, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In the following pages, we first describe in more detail how the Drug War’s financial largess has kept its soldiers in business. We then discuss the destructive impact of this economic regime, marshaling evidence to show that the corruption of law enforcement priorities and wholesale miscarriages of justice can be attributed to the operation of these incentives. Finally, we explore potential legal and legislative remedies through which law enforcement may regain its bearings.

Our investigation focuses on the economic underpinnings of current drug law enforcement policy. Drug policy also raises an extraordinarily broad range of moral, health, and criminological concerns, …

An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed., Brenda V. Smith, Marcia Greenberger, Nancy Duff Campbell, Deborah Brake, Joanna Grossman, Kathie Donnelly, Laura Cutiletta, Christina Davis, Marelisa Fabrega, Kristin Flynn, Kristin Holman, Jessica Jackson, Heather Lamberg, Kimberly Harris, Shauna Helton, Alvin Stith, Aurie Hall, Jonathan Smith, Andie Moss, Theresa Hunt Katsel, Drs. Elaine Carmen, Shelley Neiderbach

Research Reports & White Papers

The National Women’s Law Center is a non-profit organization that has been working since 1972 to advance and protect women’s legal rights. The Center focuses on major policy areas of importance to women and their families including education, employment, reproductive rights, health, family support and income security, with special attention given to the concerns of low-income women.

As a legal arm of the women’s movement, the Center has litigated ground-breaking cases and filed briefs in landmark Supreme Court decisions; advocated before state and federal policymakers to shape legislation and policies affecting women’s lives; and educated the public about issues important …

The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Review Essay / Criminal Procedure As Constitutional Law, Gerard V. Bradley

Journal Articles

Book review and essay of The Constitution and Criminal Procedure: First Principles by Akhil Reed Amar.

The Jury Returns To Continental Europe: Russia And Spain Return To The Classic Jury As A Catalyst In A Move To A More Adversary Form Of Criminal Trial, Stephen C. Thaman

All Faculty Scholarship

This paper briefly compares the provisions of the Russian Jury Law of 1993 and the Spanish Jury Law of 1995 and their application in the first trials, with special attention to the effect of the re-injection of a classic jury. Citations in regard to Russia rely on the author’s exhaustive study of the legislative history of the new Russian Jury Law, its provisions, and its application in the first 114 trials in the years 1993-1994. The Spanish discussion relies on information gathered by the author on the first trials held in Spain since the law went into effect, and delves …

Pretrial Detention In The Ninth Circuit, Thomas Bak

San Diego Law Review

In 1992, the Judicial Conference of the United States ("JCUS") adopted a resolution encouraging the examination of bias based on race, ethnicity, gender, age and disability in the federal judiciary. The Ninth Circuit responded to the JCUS resolution with a study of gender bias, completed in 1993.2 Subsequently, the Ninth Circuit Judicial Conference authorized a second study, establishing the Task Force on Racial, Religious, and Ethnic Fairness in 1993.' This study of pretrial detention in the Ninth Circuit was undertaken as part of the research commissioned by the Task Force.

Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …

Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Criminal Procedure: Walker V. State--Dooming Challenges To Appellate Counsel's Effectiveness, Jennifer Golm

Oklahoma Law Review

No abstract provided.

Federal Criminal Law, Congressional Delegation, And Enforcement Discretion, Daniel Richman

Faculty Scholarship

Much of the literature on federal criminal law bemoans the extent to which Congress has abdicated its legislative responsibilities and left enforcement decisions to prosecutorial discretion. Many critics have sought to compensate for the absence of appropriate legislative specificity by proposing other devices for limiting prosecutorial power, many of which would centralize enforcer authority. Guided by recent work in positive political theory, Professor Daniel Richman argues that such claims of legislative abdication overlook the attention that Congress has given to the organization and activities of the federal enforcement bureaucracy. By showing the extent to which Congress balances concern with enforcer …

New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer

Touro Law Review

No abstract provided.

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.

Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court

Touro Law Review

No abstract provided.

Prosecutorial Readiness, Speedy Trial And The Absent Defendant: Has New York's 25 Year Dilemma Finally Been Resolved, Abraham Abramovsky, Jonathan I. Edelstein

Touro Law Review

No abstract provided.

Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh

Touro Law Review

No abstract provided.

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.