Digital Commons Network^™

Cruel But Not Unusual Punishment: The Failure To Provide Adequate Medical Treatment To Female Prisoners In The United States, Kendra Weatherhead

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchical and coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as members of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered or frustrated with various procedural and structural changes.

Revising The Model Penal Code: Keeping It Real, Gerard E. Lynch

Faculty Scholarship

The thesis of this talk can be simply stated: In any serious discussion of revising the Model Penal Code (MPC), the object of the game cannot be revising the MPC itself. Rather, the object of any revision of the Code is to promote the reform of the nation's actual criminal codes, as adopted by the state legislatures and Congress.

Towards A New Scholarship For Equal Justice, James S. Liebman

Faculty Scholarship

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …

Punishment, Proportionality, And Jurisdictional Transfer Of Adolescent Offenders: A Test Of The Leniency Gap Hypothesis, Aaron Kupchik, Jeffrey A. Fagan, Akiva Liberman

Faculty Scholarship

In the past two decades, nearly every state has expanded its authority and simplified its procedures to transfer adolescent offenders from juvenile to criminal (adult) courts. As a result, the use of jurisdictional transfer has grown steadily. These developments reflect popular and political concerns that punishment in juvenile courts is too lenient for serious crimes committed by adolescents. Yet there is mixed evidence that expanded transfer authority has produced more certain or severe punishments for adolescents prosecuted in criminal courts. Some empirical studies show that adolescents transferred to criminal court are more likely to be convicted, sentenced to prison, and …

From A Biopolitical Point Of View: Nietzsche's Philosophy Of Crime, Friedrich Balke

Cardozo Law Review

No abstract provided.

A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos

Articles & Book Chapters

Ten years ago, the Ontario Court of Appeal introduced the investigative detention power to Canada with its decision in R. v. Simpson. After providing some necessary background about the realities of police detention practices, the author offers a critical evaluation of Simpson and the ancillary powers doctrine that it relied upon to create this new police power. The author then proceeds to consider how well the investigative detention experiment has fared over the last decade, examining whether it has lived up to the goal that provided its inspiration, namely, the regulation of police detention practices. The author advances two major …

"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman

Faculty Publications

No abstract provided.

Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale

Faculty Scholarship

No abstract provided.

The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie

Faculty Scholarship

No abstract provided.

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

Faculty Publications

No abstract provided.

Mothers Who Kill: Cross-Cultural Patterns In And Perspectives On Contemporary Maternal Filicide, Michelle Oberman

Faculty Publications

This article presents a brief cross-cultural review of maternal filicide, focusing specifically on the varying circumstances that surround the mothers who commit this crime. My goal is not to provide a comprehensive map of contemporary maternal filicide, but rather, to illustrate the manner in which a society’s structure of motherhood and women’s status contributes to maternal filicide. Special attention will be paid to the unwritten norms that govern women and motherhood, as well as to the manner in which distinct societies understand, rationalize, and punish maternal filicide. The article begins with a review of the patterned nature of maternal filicide …

Almost Pro Bono: Judicial Appointments Of Attorneys In Juvenile And Child Dependency Actions, Barbara Glesner Fines

Faculty Works

No abstract provided.

Military Commisions And Terrorism, David Stoelting

Denver Journal of International Law & Policy

No abstract provided.

Vol. 31, No. 4: Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Applying The Responsible Corporate Officer Doctrine Outside The Public Welfare Context, Amiad Kushner

Journal of Criminal Law and Criminology

No abstract provided.

Revoking Our Privileges: Federal Law Enforcement’S Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole

Faculty Scholarly Works

No abstract provided.

Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong

Journal of Criminal Law and Criminology

No abstract provided.

For Mice Or Men Or Children - Will The Expansion Of The Eighth Amendment In Atkins V. Virginia Force The Supreme Court To Re-Examine The Minimum Age For The Death Penalty, Jamie Hughes

Journal of Criminal Law and Criminology

No abstract provided.

2003 Commencement Program, New York Law School

Commencement Programs

To view online, click here

It Is Not So Simply Because An Expert Says It Is So: The Reliability Of Gang Expert Testimony Regarding Membership In Criminal Street Gangs: Pushing The Limits Of Texas Rule Of Evidence 702., Placido G. Gomez

St. Mary's Law Journal

The mechanisms developed by the criminal justice system addressing the criminal activities of street gangs, for the most part, have proved ineffective. The evolution of gangs, their complex structure, and multipurpose focus keep them one step ahead of law enforcement. The most recent weapon created to fight the war on gangs, the civil injunction, suffers from numerous inadequacies. One concern is that civil injunctions raise numerous constitutional concerns. Another is that these injunctions fall short of constitutional demands. Furthermore, the practical implementation of the injunction forces an analysis of the reliability of the gang expert’s testimony. This Article proposes courts …

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Faculty Publications

No abstract provided.

Victim Characteristics And Victim Impact Evidence In South Carolina Capital Cases, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

The use of victim impact evidence (VIE) has been a standard feature of capital trials since 1991, when the Supreme Court lifted the previously existing constitutional bar to such evidence. Legal scholars have almost universally condemned the use of VIE, criticizing it on a variety of grounds. Yet little empirical analysis exists that examines how VIE influences the course and outcome of capital trials. We analyze the influence of VIE based on interviews with over two-hundred jurors who sat on capital trials in South Carolina between 1985 and 2001.

First, we describe the VIE introduced at sentencing trials, using a …

Nullification At Work? A Glimpse From The National Center For State Courts Study Of Hung Juries, Paula Hannaford-Agor, Valerie P. Hans

Cornell Law Faculty Publications

In recent years, the criminal justice community has become increasingly concerned about the possibility that jury nullification is the underlying motivation for increasing numbers of acquittals and mistrials due to jury deadlock in felony jury trials. In this Article, the authors discuss the inherent difficulty in defining jury nullification and identifying its occurrence in actual trials. They review the evolution in public and legal opinion about the legitimacy of jury nullification and contemporary judicial responses to perceived instances of jury nullification. Finally, the authors examine the possible presence of jury nullification through empirical analysis of data collected from 372 felony …

Miranda's Demise, Steven D. Clymer

Cornell Law Faculty Publications

Miranda v. Arizona has been a prominent fixture of the American criminal justice system, as well as police television shows and movies, for more than a third of a century. And when, amid considerable fanfare, the Supreme Court in June 2000 announced its decision in Dickerson v. United States, it appeared that Miranda would retain that status for the foreseeable future. In Dickerson, a surprisingly large 7–2 majority settled a long-standing debate about the constitutional legitimacy of Miranda, holding that the Miranda rules are firmly grounded in the Fifth Amendment’s self-incrimination clause.

But now, a mere three …

Evaluation Of The Maudsley Addiction Profile (Map) For Use With An American Substance Abuse Population, Hannelore T. Barbieri

PCOM Psychology Dissertations

Multi-dimensional instruments in the addiction field developed in the United States as well as in other countries are limited. The Maudsley Addiction Profile (MAP), a brief, multi-dimensional instrument developed in the United Kingdom (UK), is designed to assess the treatment outcome of individuals with alcohol and/or drug (AOD) problems and associated issues. This measure consists of sixty items across the domains of substance use, health risk, physical/ psychological health and personal/social functioning. The MAP, which has been validated on British as well as on several European samples of substance abusers, has been suggested for further validation. The current study was …

Hey, That's My Wife - The Tort Of Alienation Of Affection In Missouri - Thornburg V. Federal Express Corp., Bruce V. Nguyen

Missouri Law Review

The tort of alienation of affection was first recognized in New York in 1866 and was eventually adopted by almost every jurisdiction in the United States. Missouri had recognized the tort as early as 1881 and continues to recognize it to this day. Most jurisdictions, however, have subsequently abolished the action either judicially or by statute. This Note will first present the facts and holding of the instant case, Thornburg v. Federal Express Corp. It will then provide the legal background by briefly discussing the history of the tort of alienation of affection, the related tort of criminal conversation in …

Sec/Doj Parallel Proceedings: Contemplating The Propriety Of Recent Judicial Trends, Mark D. Hunter

Missouri Law Review

The Article examines the simultaneous civil investigation by the United States Securities and Exchange Commission (“SEC”) and criminal investigation by the Department of Justice (“DOJ”) through the United States Attorney’s Office regarding alleged violations of the federal securities laws. Part II of this Article introduces traditional authority, both statutory and case law, for the SEC and DOJ to conduct parallel proceedings. Part III briefly describes the SEC’s methods and procedures for gathering and sharing information with the DOJ. Part IV describes the rights and privileges afforded to suspects, while Part V describes the rights and privileges that suspects are not …

Heerman V. Utah : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

State Of Utah V. Alex Montiel : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM CONVICTION FOR AGGRAVATED ROBBERY, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-302 (1999), WITH A GROUP ENHANCEMENT PURSUANT TO Utah Code Ann. § 76-3-203.1 (Supp. 2002), IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE TIMOTHY R. HANSON, PRESIDING