Digital Commons Network^™

Not "Voluntary" But Still Reasonable: A New Paradigm For Understanding The Consent Searches Doctrine, Ric Simmons

Indiana Law Journal

No abstract provided.

The Political Economy Of Violence: Toward An Understanding Of The Gender-Based Murders Of Ciudad Juarez, Deborah M. Weissman

North Carolina Journal of International Law

No abstract provided.

164th Infantry News: July 2005, 164th Infantry Association

164th Infantry Regiment Publications

July 2005 edition of the 164th Infantry News. A total of 16 pages, containing news articles, event notices, photographs, and personal memories from the veterans of the 164th Infantry Regiment.

Privatization, Prisons, Democracy, And Human Rights: The Need To Extend The Province Of Administrative Law, Alfred C. Aman

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Justifying Restorative Justice: A Theoretical Justification For The Use Of Restorative Justice Practices, Zvi D. Gabbay

Journal of Dispute Resolution

This paper analyzes the premises of the two main theories of punishment that influence sentencing policies in most Western countries-retributivism and utilitarianism-and compares them to the basic values that structure the restorative justice theory. It then makes clear distinctions between restorative justice and the rehabilitative ideal and addresses the criticism that, like rehabilitation, restorative justice results in different punishments to equally culpable offenders. The paper concludes that restorative justice does not contradict retribution and utility as theoretical justifications for penal sanctioning. Moreover, it suggests that restorative practices rehabilitate the basic notions of retribution and deterrence that have been neglected in …

Divisionews (Summer 2005, Issue 19), American Society Of Criminology Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Lawrence Friedman: The Legal Historian And The Social Organization Of Criminal Justice, Robert J. Cottrol

Tulsa Law Review

No abstract provided.

Progess And Justification In American Criminal Law, John T. Parry

Tulsa Law Review

No abstract provided.

The Role Of The Federal Sentencing Guidelines In The Wake Of United States V. Booker And United States V. Fanfan, Rosemary T. Cakmis

Mercer Law Review

The year 2004 began much like previous years, at least when it came to decisions from the Eleventh Circuit Court of Appeals interpreting the United States Sentencing Guidelines ("U.S.S.G." or "federal sentencing guidelines" or "guidelines"). In less than one year, however, the federal sentencing guidelines and related Eleventh Circuit decisions took on a fascinating new dimension in light of 2004-2005 United States Supreme Court jurisprudence. This jurisprudence culminated with the January 12, 2005 Supreme Court decision in United States v. Booker, which was consolidated with United States v. Fanfan ("Booker/Fanfan"). Therein, the Supreme Court rejected the Eleventh …

Topical Index To Articles, Lead Articles, Special Contributions, And Student Articles

Mercer Law Review

No abstract provided.

Author Index

Mercer Law Review

No abstract provided.

Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan

Scholarly Publications

Historically, punitive damage awards and criminal sentences have shared the common justifications of punishment and deterrence, with the culpability of tortfeasors and criminals alike being enhanced as a result of repeat misconduct. The Supreme Court’s 2003 decision in State Farm v. Campbell suggests, however, that the parallels now in effect stop at the state line. The extraterritorial misconduct of tortfeasors is permitted to play a very limited role, if any, in the assessment of punitive damage awards. Meanwhile, such misconduct continues to be used by courts to significantly enhance the sentences of criminal defendants, an asymmetry accentuated by California v. …

Oxford: A Haven For Sabbaticals And Other Visits, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Unfortunately, White-Collar Is The Default Setting: Boys And Higher Education, John Henry Schlegel

Buffalo Law Review

No abstract provided.

Domestic Violence And The Danger Of Joint Custody Presumptions, Judith G. Greenberg

Northern Illinois University Law Review

This article points out that the current trend towards joint custody as the preference or presumption in divorces can create some unwanted side-effects. Specifically, joint custody is dangerous for victims of spousal abuse because it allows, and sometimes even facilitates, the continuation of patterns of abuse. Although many jurisdictions that apply a joint custody presumption attempt to protect victims of domestic violence, neither of the two usual approaches is successful in protecting the victims and their children. As a result, the author makes two recommendations. First, statutes should never create a presumption in favor of joint custody. Second, courts should …

Will There Be A Freeze On Cold Hits? Safeguarding The Constitutionality Of Dna Collection Statutes, Ellen Ruth Magid

City University of New York Law Review

No abstract provided.

An Advocate's Toolkit: Using Criminal "Theft Of Service" Laws To Enforce Workers' Right To Be Paid, Rita J. Verga

City University of New York Law Review

No abstract provided.

Fair Representation On Juries In The Eastern District Of Michigan: Analyzing Past Efforts And Recommending Future Action, Andrew J. Lievense

University of Michigan Journal of Law Reform

This Note builds on past recommendations to reform jury selection systems to make juries more representative of the community. Juries representing a fair cross section of the community are both a statutory and constitutional requirement, as well as a policy goal. How a judicial district designs and implements its jury selection system is important to meeting this requirement.

Part I of this Note analyzes the history and development of the representativeness interest on juries, explains how the United States District Court for the Eastern District of Michigan attempted to meet this interest in the 1980s and 1990s, and reports and …

Full Issue, New Mexico Historical Review

New Mexico Historical Review

No abstract provided.

South Carolina Or South Central? Proposing Comprehensive Criminal Gange Prevention Legislation For The Palmetto State, Jay T. Thompson

South Carolina Law Review

No abstract provided.

The Right To Participate And The Right To Know In Montana, Fritz Snyder

Montana Law Review

The Right to Participate and the Right to Know in Montana

A Dangerous Experiment: The Lynching Of Rafael Benavides, William D. Carrigan, Clive Webb

New Mexico Historical Review

No abstract provided.

Full Issue, New Mexico Historical Review

New Mexico Historical Review

No abstract provided.

Jury Sentencing In Non-Capital Cases: Comparing Severity And Variance With Judicial Sentences In Two States, Nancy J. King, Rosevelt L. Noble

Vanderbilt Law School Faculty Publications

Recently, commentators have championed sentencing byjury as more democratic and better suited to current theories of punishment than sentencing by judge alone. Yet discussions of noncapitaljury sentencing either fail to address empirical questions or rely on outdated and incomplete studies. This study is the first to present basic information on the comparative severity and variance of jury and judge sentencing as practiced in the 21st century. We use archival sentencing data from two of the six states that authorize jury sentencing-Arkansas and Virginia. In both states, voluntary sentencing guidelines govern judicial sentencing after bench trial or guilty plea, but juries …

Mental Disorder As An Exemption From The Death Penalty: The Aba-Irr Task Force Recommendations, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three recommendations concerning the role of mental disability in capital cases. The first two recommendations call for a prohibition on execution of offenders whose mental disorder rendered them less culpable at the time of the offense, and the third would prohibit execution of those whose mental disability currently renders them incompetent to pursue appeals or to be executed. This Article discusses the first two, culpability-related, recommendations. With respect …

Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin

Cornell Law Faculty Publications

According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide …

Fourth Amendment Federalism? The Court's Vacillating Mistrust And Trust Of State Search And Seizure Laws, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Compass, Armstrong State University

Armstrong News & Publications: Compass (Archived)

No abstract provided.

Communicator, Summer 2005, Wnec Alumni Association

Alumni Magazines

No abstract provided.

Plea Bargaining At The Hague, Julian A. Cook

Scholarly Works

Plea bargaining has come to The Hague. For most of its existence, the International Criminal Tribunal for the Former Yugoslavia (ICTY) shunned plea bargains. However, under pressure from United Nations member states and the impending deadline for the resolution of its caseload, the ICTY has increasingly relied on plea bargains in recent months. This Article exposes the deficiencies in guilty plea procedures at The Hague, particularly those designed to assess whether a plea is fully informed and voluntary. In a series of case studies, the Article argues that judicial questioning techniques have exploited the vulnerable state of defendants appearing before …