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2002

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Articles 1801 - 1830 of 1977

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Expanding Felony-Murder In Ohio: Felony-Murder Or Murder-Felony?, Dana K. Cole Jan 2002

Expanding Felony-Murder In Ohio: Felony-Murder Or Murder-Felony?, Dana K. Cole

Akron Law Faculty Publications

Ohio's aggravated felony-murder rule and felony-murder death penalty specification provisions apply where a death occurs “while committing or attempting to commit” certain enumerated felonies. In a line of cases beginning in 1996, the Ohio Supreme Court broadly interpreted this statutory language to include situations where the intent to commit the underlying felony was formed subsequent to the death, as a complete afterthought. With these cases, the Ohio Supreme Court departed from the majority view that the intent to commit the underlying felony must precede or co-exist with the death. The author argues that this new statutory interpretation represents an unwarranted …

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Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love Jan 2002

Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love

Articles

No abstract provided.

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Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld Jan 2002

Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld

Articles

The article advocates for the establishment of "innocence commissions" to investigate and address wrongful convictions in the U.S. criminal justice system. Drawing parallels to the National Transportation Safety Board (NTSB), which investigates transportation accidents, the authors propose that these commissions would identify systemic defects leading to wrongful convictions and recommend reforms to prevent future miscarriages of justice. They emphasize the need for independence, subpoena power, and public accountability to ensure the commissions' effectiveness.

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The Effectiveness Of Catholic College And University Student Discipline/Judicial Processes As Measured By The Recidivism Rate, Frances L. O'Reilly Jan 2002

The Effectiveness Of Catholic College And University Student Discipline/Judicial Processes As Measured By The Recidivism Rate, Frances L. O'Reilly

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Retributive Justice: Its Social Context, Neil Vidmar Jan 2002

Retributive Justice: Its Social Context, Neil Vidmar

Faculty Scholarship

Until relatively recently, social psychologists have given less attention to retributive justice than to other forms of justice, such as distributive and procedural justice. Although interest in retributive justice is increasing, the fact remains that social psychological research on retribution has tended to ignore, or at least downplay, the insights of sociologists in deference to an approach that examines how individuals respond to deviant acts. Without rejecting psycholgical analyses, this chpater draws attention to the social context and social consequences of retributive justice. Group dynamics are at play in a wide array of settings in which people respond to rule …

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Evidence Of Terror, Mary Ellen O'Connell Jan 2002

Evidence Of Terror, Mary Ellen O'Connell

Journal Articles

In the hours after the 11 September attacks on the United States, some called for counterattacks on America's enemies, regardless of any evidence of wrong-doing. Those calls were rejected and some evidence was produced linking Osama bin Laden, his organization, al-Qaeda, and the Taliban regime of Afghanistan to the attacks. The United States and United Kingdom began a bombing campaign of Afghanistan on the strength of that evidence on 7 October 2001. This article explores the law of evidence in international law. It seeks to identify what evidence is sufficient for supporting a case of self-defence to clandestine terror attacks.

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International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel Jan 2002

International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel

Journal Articles

In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may …

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The Rehnquist Court And Criminal Procedure, Stephen F. Smith Jan 2002

The Rehnquist Court And Criminal Procedure, Stephen F. Smith

Journal Articles

Much of recent discussions of conservative judicial activism has concerned the revival of federalism-based limits on Congress during the Rehnquist Court. The allure of federalism as a topic for discussion is understandable, yet I argue that constitutional criminal procedure provides a better context within which to test the Rehnquist Court's commitment to judicial restraint. In this Essay, I examine the topic at hand against the background of the many important developments that have taken place in criminal procedure on Rehnquist's watch. The results of this examination are surprising because they suggest that activism is not necessarily the antithesis of restraint. …

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Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin Jan 2002

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael S. Jenuwine, Gene Griffin

Journal Articles

The article reviews the concept of therapeutic jurisprudence, integrating mental health principles into the juvenile justice system and the sentencing of juveniles. It discusses reasons why mental health and juvenile justice systems have not worked well together in the United States. The author describes current theories of juvenile justice and community health that would allow these systems to work better together, such as Balanced and Restorative Justice and the Child and Adolescent Service System Program. He explains how these theories can be better integrated into the juvenile justice system and argues that the best hope for therapeutic jurisprudence lies in …

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Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith Jan 2002

Activism As Restraint: Lessons From Criminal Procedure, Stephen F. Smith

Journal Articles

In this Article, I advance a limited defense of judicial activism by the Burger and Rehnquist Courts in constitutional criminal procedure. My basic claim is that even if the so-called "Counterrevolution" in criminal procedure is viewed as activist -- as I think much of it must be -- it nevertheless was normatively defensible as a necessary condition, in a “second-best” world, of reaching an equilibrium closer to the judicial restraint model than would be possible if activism were only a one-way ratchet. Though my thesis supplies a justification for the Burger and Rehnquist Court's basic approach to legal change, it …

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Lawful Self-Defense To Terrorism, Mary Ellen O'Connell Jan 2002

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell

Journal Articles

On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …

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Conflict Of Interest And Competency Issues In Law Clinic Practice, Peter A. Joy, Robert R. Kuehn Jan 2002

Conflict Of Interest And Competency Issues In Law Clinic Practice, Peter A. Joy, Robert R. Kuehn

Scholarship@WashULaw

Although clinical legal education is an established part of American legal education, few commentators have considered how the ethical issues governing lawyers' conflicts of interest and competency apply in the law school clinic context. This article fills that gap by identifying and explaining the ethical obligations law clinic students and supervising clinical faculty encounter in case and client selection due to conflict of interest and competency considerations. It analyzes various conflicts of interest due to prior, current, or future employment of law clinic students and faculty, and it explores conflicts based on the status of clinical faculty as employees of …

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Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson Jan 2002

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Scholarship

No abstract provided.

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Conceptualizing The Field After September 11th: Foreword To A Symposium On Public Health Law, Lawrence O. Gostin Jan 2002

Conceptualizing The Field After September 11th: Foreword To A Symposium On Public Health Law, Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.

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The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora Jan 2002

The Mandatory Reporting Of Adult Victims Of Violence: Perspectives From The Field, Karen P. West, Linda Bledsoe, Joni Jenkins, Lois Margaret Nora

Kentucky Law Journal

No abstract provided.

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Has The State Gone Too Far? Testing The Constitutionality Of Probation Conditions That Limit A Probationer's Right To Procreate, William R. Betesh Jan 2002

Has The State Gone Too Far? Testing The Constitutionality Of Probation Conditions That Limit A Probationer's Right To Procreate, William R. Betesh

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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The Postpartum Psychosis Defense And Feminism: More Or Less Justice For Women, Michele Connell Jan 2002

The Postpartum Psychosis Defense And Feminism: More Or Less Justice For Women, Michele Connell

Case Western Reserve Law Review

No abstract provided.

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A Feminist Look At The Death Penalty, Amy E. Pope Jan 2002

A Feminist Look At The Death Penalty, Amy E. Pope

Law and Contemporary Problems

Pope gives an exploration of the need for a feminist perspective on capital punishment. She then begins to determine which feminist methodology is most appropriate to an analysis of the death penalty.

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Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold Jan 2002

Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow Jan 2002

The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow

Faculty Scholarship

No abstract provided.

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New Jersey State Constitution 1947 Jan 2002

New Jersey State Constitution 1947

Seton Hall Constitutional Law Journal

No abstract provided.

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Glittery Promise Vs. Dismal Reality: The Role Of A Criminal Lawyer In The People's Republic Of China After The 1996 Revision Of The Criminal Procedure Law, Ping Yu Jan 2002

Glittery Promise Vs. Dismal Reality: The Role Of A Criminal Lawyer In The People's Republic Of China After The 1996 Revision Of The Criminal Procedure Law, Ping Yu

Vanderbilt Journal of Transnational Law

In this Article, the Author examines the recent revisions to the Chinese Criminal Procedure Law. The Author maintains that while the revisions were intended to promote a more equitable criminal justice system, the political climate in fact has rendered the revisions a step down for both defense attorneys and defendants. The Author analyzes different aspects of the revised law in order to support this point. In his conclusion, the Author suggests some changes to the criminal procedure law that may help to bring the Chinese defense system up to international standards.

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In Vindication Of Justiciable Victims' Rights To Truth And Justice For State-Sponsored Crimes, Raquel Aldana-Pindell Jan 2002

In Vindication Of Justiciable Victims' Rights To Truth And Justice For State-Sponsored Crimes, Raquel Aldana-Pindell

Vanderbilt Journal of Transnational Law

In this Article, Professor Aldana-Pindell explores the norms establishing a state's responsibility to grant victims of human rights violations adequate rights in the criminal prosecution process as a remedy for their victimization. She argues that victim-focused prosecution norms comport and provide more effective means of promoting respect for human rights, in certain nations in democratic transition from mass atrocities. Moreover, she suggests that, as part of other justice reforms, states plagued with impunity should adopt criminal procedures granting surviving human rights victims greater standing in the prosecution process. Professor Aldana-Pindell then uses Guatemala to examine the factors that compel the …

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Strafford County 2001 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2001., Stafford County Representatives Jan 2002

Strafford County 2001 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2001., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

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Information Technology Breeds New Age Terrorism, Amita Aziz Jan 2002

Information Technology Breeds New Age Terrorism, Amita Aziz

Theses

This thesis examines the impact information technologies have had on the age-old phenomenon of terrorism. It looks at how terrorism has evolved into what has come to be known as information terrorism over this Information Era. Information revolution has introduced a new paradigm called Information Warfare for conflict among nations based upon attacking information infrastructures. The political attractions and deterrents to using these new information warfare methods are discussed at great length. The information age is affecting not only the types of targets and weapons terrorist choose, but also the ways in which such groups operate and structure their organizations. …

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Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames Jan 2002

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames

Articles

Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been con-doned …

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Dial-In Testimony, Richard D. Friedman, Bridget Mary Mccormack Jan 2002

Dial-In Testimony, Richard D. Friedman, Bridget Mary Mccormack

Articles

For several hundred years, one of the great glories of the common law system of criminal justice has been the requirement that prosecution witnesses give their testimony in the presence of the accused" face to face," in the time-honored phrase-under oath, subject to cross-examination, and, unless unfeasible, in open court. In the United States, this principle is enshrined in the Confrontation Clause of the Sixth Amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him." But now a new way is developing for witnesses for the prosecution …

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The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman Jan 2002

The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman

Articles

The adjudication of child abuse claims poses an excruciatingly difficult conundrum. The crime is a terrible one, but false convictions are abhorrent. Often the evidence does not support a finding of guilt or innocence with sufficient clarity to allow a decision free of gnawing doubt. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child. Even with respect to adult witnesses, the law of hearsay and confrontation is very perplexing, as anyone who has studied American evidentiary law and read Supreme Court opinions on the …

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Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony, Richard D. Friedman Jan 2002

Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony, Richard D. Friedman

Articles

Recently, the Supreme Court declined to pass on to Congress a proposed change to Federal Rule of Criminal Procedure 26 submitted to it by the Judicial Conference. In this Article, Professor Friedman addresses this proposal, which would allow for more extensive use of remote, video-based testimony at criminal trials. He agrees with the majority of the Court that the proposal raised serious problems under the Confrontation Clause. He also argues that a revised proposal, in addition to better protecting the confrontation rights of defendants, should include more definite quality standards, abandon its reliance on the definition of unavailability found in …

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The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar Jan 2002

The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar

Articles

After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2

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