Digital Commons Network^™

Toward A Criminology Of International Criminal Law: An Integrated Theory Of International Criminal Violations, Dawn L. Rothe, Christopher W. Mullins

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Violations of international criminal law (i.e., genocide, crimes against humanity, and war crimes) are a common occurrence around the globe. One need only to read international news, visit intra‐governmental (e.g., United Nations or the International Committee Red Cross), or nongovernmental organizations (e.g., Human Rights Watch or Amnesty International) to be exposed to the vast numbers of crimes of states, paramilitaries, and/or militias. Nonetheless, there has been relatively little attention paid to these types of offenses by criminologists. While there have been developments in creating typologies (Smeulers, 2008) and predictive models for genocide (Harf, 2005), due to the complexities and various …

Against Practice, Anthony V. Alfieri

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No abstract provided.

Keeping It Real: Reforming The Untried Conviction Impeachment Rule, Montre D. Carodine

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No abstract provided.

The Economic Roots Of Domestic Violence, Donna Coker

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No abstract provided.

The Mis-Characterization Of The Negro: A Race Critique Of The Prior Conviction Impeachment Rule, Montre D. Carodine

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No abstract provided.

Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja B. Starr

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Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, these remedies produce windfalls to guilty defendants and provoke public resentment, undermining their expressive value in condemning misconduct. To avoid these windfalls, courts refuse to grant any remedy at all, either refusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecutorial misconduct …

The Federal Courts As A Franchise: Rethinking The Justifications For Federal Question Jurisdiction, Gil Seinfeld

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The components of the Federal Franchise model-procedural homogeneity, cultural conformity, and technical competence-should be familiar. The federal courts' capacity to provide these benefits has not escaped commentators' notice; indeed, there are points of connection between these features of federal court adjudication and the individual fragments of the conventional account.l0 But prior scholarly discussion of these themes has been unsystematic, treating them as (at best) secondary considerations when it comes to the allocation of federal question cases between the state and federal courts. This Article attempts to weave together these previously disconnected strands of thinking about federal court adjudication and to …

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

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Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street corners, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …

Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment, And Adult Process, Jenny E. Carroll

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No abstract provided.

Ethics Reform In Alabama, Susan Pace Hamill

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No abstract provided.

'Race Salience' In Juror Decision-Making: Misconceptions, Clarifications, And Unanswered Questions, Samuel R. Sommers, Phoebe C. Ellsworth

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In two frequently cited articles, Sommers and Ellsworth (2000, 2001) concluded that the influence of a defendant’s race on White mock jurors is more pronounced in interracial trials in which race remains a silent background issue than in trials involving racially charged incidents. Referring to this variable more generally as "race salience," we predicted that any aspect of a trial that leads White mock jurors to be concerned about racial bias should render the race of a defendant less influential. Though subsequent researchers have further explored this idea of "race salience," they have manipulated it in the same way as …

Procedural Obstacles To Reviewing Ineffective Assistance Of Trial Counsel Claims In State And Federal Postconviction Proceedings., Eve Brensike Primus

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Ineffective assistance of trial counsel is one of the most frequently raised claims in state and federal postconviction petitions. This is hardly surprising given reports of trial attorneys who refuse to investigate their cases before trial, never meet with their clients before the day of trial, and fail to file any motions or object to inadmissible evidence offered at trial. Unfortunately, the current structure of indigent defense funding makes it impossible for many public defenders to provide effective representation to their clients.

Giles V. California: A Personal Reflection, Richard D. Friedman

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In this Essay, Professor Friedman places Giles v. California in the context of the recent transformation of the law governing the Confrontation Clause of the Sixth Amendment. He contends that a robust doctrine of forfeiture is an integral part of a sound conception of the confrontation right. One reason this is so is that cases fitting within the traditional hearsay exception for dying declarations can be explained as instances of forfeiture. This explanation leads to a simple structure of confrontation law, qualified by the principle that the confrontation right may be waived or forfeited but not subject to genuine exceptions. …

Ensuring Defense Counsel Competence At International Criminal Tribunals, Sonja B. Starr

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This article addresses the problem of incompetent representation by defense counsel in international criminal tribunals. According to the author, the ineffectiveness of a particular attorney may be attributable to a number offactors, including a lack of experience with international criminal law, unfamiliarity with the procedures of international criminal tribunals, and the simple failure to be fluent in the languages used by the court. Starr explains that the problem of incompetence persists because of obstacles to the recruitment, retention, and appointment of proficient defense lawyers, as well as the lack of administrative or judicial oversight concerning competence. The author points out …

How Should We Study District Judge Decision-Making?, Pauline T. Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin

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Understanding judicial decision-making requires attention to the specific institutional settings in which judges operate. The choices available to judges are determined not only by the law and facts of the case but also by procedural context. The incentives and constraints shaping judges’ decision-making will vary depending on, for example, whether they have a life-appointment or are elected; whether they hear cases alone or with colleagues; and whether and under what circumstances their decisions might be altered, overturned, or undone by the actions of others. The basic insight that the institutional context matters has led to increasingly sophisticated studies of how …

Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson

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In criminal law, the term “CSI Effect” commonly refers to the perceived impact the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, “CSI Infection,” by focusing on the significant legal impact that the fear of “CSI Infected Jurors” has made upon the criminal justice system. The CSI Infection is the ubiquitous “It” factor that scholars cannot conclusively prove nor effectively explain away; however, practitioners overwhelmingly confirm the CSI Effect’s impact on criminal jury trials. The CSI Effect’s existence, the CSI Effect’s true or perceived impact on acquittals and convictions, and how …

A Shift Toward Gender Equality In Prosecutions: Realizing Legitimate Enforcement Of Crimes Committed Against Women In Municipal And International Criminal Law, Tamara F. Lawson

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A new era of law enforcement has emerged recognizing the importance of punishing gender-specific violence. This first wave of "gender-sensitive prosecutors" has changed the way crimes against women are handled in the criminal justice system. The enactment of gender neutralizing laws and policies has dramatically improved the enforcement of crimes against women and attempts to end the era of impunity. This Article addresses the changes in prosecutions and further considers international human rights treaties that require gender equality in law enforcement.

In criminal law, it is the willingness of a prosecutor to exercise his or her discretionary authority to file …

When The Lawyer Knows The Client Is Guilty: Client Confessions In Legal Ethics, Popular Culture, And Literature, Michael Asimow, Richard H. Weisberg

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The article explores the ethical dilemma faced by criminal defense lawyers when they know their client is factually guilty but the client insists on a vigorous defense. It examines the tension between the lawyer’s duty of zealous representation and the duty of candor toward the court, proposing a compromise that allows lawyers discretion to choose between strong or weak adversarial approaches based on the context. The analysis draws on historical cases, such as the Courvoisier case of 1840 and the modern case of Steven Feldman, as well as insights from popular culture and literary sources, to argue that the discretionary …

Plenary Session Panel: The Sixth John A. Speziale Alternative Dispute Resolution Symposium, Lela P. Love

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No abstract provided.

The Continuity Of Justification Defenses, Kyron J. Huigens

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This Article presents a legal theory of legal justification. It examines the elements of offense definitions and justification defensesor, more accurately, the conjunctions and disjunctions between these elements-to resolve a longstanding issue in the theory of legal punishment. The unjustified actor who believes she is justified seems to deserve an acquittal, while the justified actor who does not know he is justified seems to deserve conviction. But we face a dilemma: we seem to have to acquit both or convict both. This Article shows a principled way to rule the mistakenly unjustified actor within, and the mistakenly justified actor out …

Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert

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The article explores the potential benefits of integrating proportionality theory, traditionally used in sentencing, into litigation challenging harsh prison conditions under the Eighth Amendment. It argues that this approach could offer new avenues for addressing the limitations of current conditions of confinement jurisprudence by reimagining how courts evaluate the constitutionality of prison conditions.

Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani

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No abstract provided.

Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado

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I analyze developments in California as that state approached the tipping point at which its population would contain 50 percent minorities of color I showed that elite whites were making consciously or not efforts to hang onto power beyond the point at which sheer numbers would suggest that they ought to be sharing it with citizens of color

The Law Of The Noose: A History Of Latino Lynching Symposium: The Jenna Six, The Prosecutorial Conscience, And The Dead Hand Of History, Richard Delgado

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No abstract provided.

Authors' Reply - Creating And Documenting A New Field Of Legal Study Symposium: Reflections On Latinos And The Law: Cases And Materials, Richard Delgado, Jean Stefancic, Juan F. Perea

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No abstract provided.

The Use Of Litigation Screenings In Mass Torts: A Formula For Fraud?, Lester Brickman

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The article critically examines the pervasive abuse of litigation screenings in mass tort cases, revealing a system driven by financial exploitation where medical evaluations are manipulated to generate lawsuits. These screenings, often designed to produce false positives, undermine the integrity of the legal system by creating a flood of specious claims. The analysis highlights how lawyers, doctors, and screening companies exploit legal loopholes and financial incentives, leading to billions of dollars in settlements and eroding public trust in the civil justice system.

What's Law Got To Do With It?: The Bosnia V. Serbia Decision's Impact On Reconciliation, Sheri P. Rosenberg

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During the twentieth century a particular ideology inspired specific efforts to utilize the power of the law to redress episodes of mass atrocity-in particular genocide. The idea has been that accountability and reparations are necessary for moving beyond a past marred with crimes of genocide and crimes against humanity. Trials are often claimed to aid this process on the grounds that they create an irrefutable historic record, punish the perpetrators for the sake of justice and deterrence, and promote peace and reconciliation. This Article interrogates the stated goals of accountability, in particular the goal of reconciliation, against the impact, within …

From The Chair, Lela P. Love

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No abstract provided.

Survey Of Internet And At-Risk Behaviors, Samuel C. Mcquade Iii, Neel Sampat

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In May 2007 though January 2008 fourteen Monroe County school districts in New York State participated in a major research study undertaken by the Rochester Institute of Technology (RIT). A major portion of the study was an online survey. It was designed to:

• Measure the nature and extent of online victimization and offending experiences of K-12th grade students
• Determine types and levels of supervision and role modeling employed by parents pertaining to the use of computers and portable electronic devices by their children; and
• Obtain information from teachers about their perceptions of school-related cyber abuse and crime, along with the …

The Sentencing Commission Takes On Crack, Again, David Yellen

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We may be entering a new era of drug sentencing policy. For the first time, an effort by the United States Sentencing Commission to reduce the disparity in treatment between crack and powder cocaine offenders by somewhat reducing crack sentences has succeeded. Decisions of the United States Supreme Court, culminating most recently in Kimbrough v. United States and Gall v. United States, have clarified and expanded the flexibility federal judges have in sentencing under the post- United States v. Booker advisory sentencing guidelines. Political leaders have begun to accept the need for relaxation of at least some of the …