Digital Commons Network^™

Cunningham V. California - Case Comment, Rebecca Haw Allensworth

Vanderbilt Law School Faculty Publications

Sixth Amendment--Allocation of Fact-finding in Sentencing.--Apprendi v. New Jersey spawned a series of Supreme Court sentencing decisions which, when viewed together, are at best confusing and at worst contradictory. Commentators and courts have struggled to find a coherent governing principle uniting "Apprendi," "Blakely v. Washington," and "United States v. Booker." The holding in "Apprendi," originally described as a bright-line rule, has proved anything but. Last Term, in "Cunningham v. California," the Court added another chapter to the Apprendi saga when it declared unconstitutional California's Determinate Sentencing Law (DSL). Justice Ginsburg authored the majority opinion that overturned the California Supreme Court's …

Regulating Settlement: What Is Left Of The Rule Of Law In The Criminal Process?, Nancy J. King

Vanderbilt Law School Faculty Publications

Consider what plea bargains would be like if legal rules were taken more seriously than they currently are. A court would recognize a defendant's willingness to be convicted of an offense only when certain conditions were met: (1) the defendant actually committed the crime; (2) the defendant was punished with the penalty authorized by law for that crime; (3) all government actors involved in the investigation, prosecution, defense, and adjudication of the case had complied with the law governing the criminal process; and (4) the settlement agreement did not relieve any of them of the duty to comply with the …

Characteristics And Offending Patterns Of Juvenile Female Sex Offenders, Antonela Tomic

Theses and Dissertations

Although there has been an increasing interest in juvenile female sex offenders, existing research is limited. This thesis examines the demographic characteristics of juvenile female sex offenders, their victims, and their offense characteristics using a national sample of 172 juvenile female sex offenders who were arrested for sex offenses in 2001. The typical offender was a 14-year-old white female and was arrested for forcible fondling. The majority of the victims were white females who knew their offenders. Most of the offenses were committed at a residence. The use of force, as well as use of alcohol and/or drugs at the …

Death Penalty Knowledge, Opinion, And Revenge: A Test Of The Marshall Hypotheses In A Time Of Flux, Gavin Lee

Electronic Theses and Dissertations

This thesis tests the three hypotheses derived from the written opinion of Justice Thurgood Marshall in Furman v Georgia in 1972. Subjects completed questionnaires at the beginning and the end of the fall 2006 semester. Experimental group subjects were enrolled in a death penalty class, while control group subjects were enrolled in another criminal justice class. The death penalty class was the experimental stimulus. Findings provided strong support for the first and third hypotheses, i.e., subjects were generally lacking in death penalty knowledge before the experimental stimulus, and death penalty proponents who scored "high" on a retribution index did not …

Airport Security: Examining The Current State Of Acceptance Of Biometrics And The Propensity Of Adopting Biometric Technology Fo, Kristine Sumner

Electronic Theses and Dissertations

The terrorist attacks of September 11, 2001 propelled the issue of aviation security to the forefront of the U.S. domestic agenda. Although hundreds of individual airports exist in the U.S., the travel activities at each of these airports combine to holistically comprise an aviation system that represents a significant portion of the U.S. social and economic infrastructure. Disruption at one airport resulting from a criminal act, such as terrorism, could exert detrimental effects upon the aviation system and U.S national security (9/11 Commission, 2004). Each U.S. airport is individually responsible for various aspects of security including the control of physical …

From Immunity To Impunity: Charles Taylor And The Special Court For Sierra Leone, James L. Miglin

Dalhousie Journal of Legal Studies

The indictment and arrest of Charles Taylor for war crimes and crimes against humanity committed while Taylor was President of Liberia mark a significant development in the accountability of Heads of State. Yet the process by which the Special Court for Sierra Leone indicted Taylor and then attempted to have him arrested and delivered to the Court, as well as the Appeals Chamber’s analysis of the legality of the indictment, revealed serious flaws and deficiencies. The Appeals Chamber misconstrued the legal foundation of the Special Court in deciding that Taylor, as a sitting Head of State, was not entitled to …

Uncertain Territory: Family Reunification And The Plight Of Unaccompanied Minors In Canada, Alison Luke

Dalhousie Journal of Legal Studies

In recent years, Canada has experienced a significant increase in the number of refugee claims from unaccompanied minors: those children who are separated from both parents and are not being cared for by an adult who, by law or custom, has the responsibility to do so. Following a brief examination of the nature and scope of the unaccompanied minor problem, the paper explores the difficulties the Immigration and Refugee Protection Act sponsorship schemes present to these children as they endeavor to reunite with their families. The author argues that the Act provides limited opportunities for these children to pursue family …

The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith

Georgetown Law Faculty Publications and Other Works

As all practicing lawyers know, interviewing and counseling are at the heart of legal representation. This is what lawyers do, even criminal trial lawyers: we talk with and advise clients. Sometimes, after considering the government’s case and available defenses, we advise clients to go to trial. More often, we advise them to take a plea.

In counseling our clients we can be as “client-centered” as the next lawyer, graciously acceding to our clients’ wishes. This is especially so when the client is making what we regard to be a reasonable choice. But clients are not always reasonable. Sometimes they are …

Biomedical Research Involving Prisoners: Ethical Values And Legal Regulation, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Until the early 1970's, approximately 90% of all pharmaceutical research was conducted on prisoners, who were also subjected to biochemical research, including studies involving dioxin and chemical warfare agents. By the mid-1970's, biomedical research in prisons sharply declined as knowledge of the exploitation of prisoners began to emerge and the National Commission for the protection of Human Subjects of Biomedical Research was formed. Federal regulations to protect human subjects of research were established in 1974. Special protections for prisoners were added in 1978, severely limiting research involving prisoners. However, the US correctional system has undergone major changes since the adoption …

Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong

Faculty Publications

No abstract provided.

Capital Punishment In The United States, And Beyond, Paul Marcus

Faculty Publications

This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …

Mike Mcconville And Cheseter L. Mirsky, Jury Trials And Plea Bargaining: A True History, Carolyn B. Ramsey

Publications

No abstract provided.

Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell

Publications

This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …

The Feminist War On Crime, Aya Gruber

Publications

One of the most celebrated successes of the feminist movement is its lasting impact on domestic violence criminal laws. Today, society has moved from discourse characterizing domestic abuse as legitimate or merely a private problem to a belief that battering is a heinous crime, more egregious than garden-variety assault. I know all too well how far the pendulum has swung, having practiced as a public defender in the District of Columbia domestic violence system. Day after day, prosecutors proceeded with cases against the wishes of victims, resulting in the mass incarceration of young black men. Could this have been the …

Imposing A Cap On Capital Punishment, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Comparative Law And State-Building: The Organic Minimalist Approach To Legal Reconstruction, Dan E. Stigall

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Are All Forms Of Joint Crime Really Organized Crime: On The New Israeli Combating Criminal Organizations Law And Parallel Legislation In The U.S. And Other Countries, Boaz Sangero

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Criminal Mobility Of Robbery Offenders, Joe Drealan

Electronic Theses and Dissertations

The current paper addresses the mobility and willingness to travel of robbery offenders. A five-sector robbery typology was constructed, consisting of: personal robbery, commercial robbery, carjacking robbery, home-invasion robbery, and robbery by sudden snatching. Defining mobility as the straight-line distance between the offender's home residence and the location of the robbery offense, the extent of criminal mobility for each type of robbery offense was analyzed. Using geographical information system (GIS) technologies and, more specifically, geocoding software programs, the latitudinal and longitudinal coordinates of the offender's home and offense's location was determined. It was found that a subset of robbery offenders …

The Driving Force Behind Gun Crimes: A Time Series Analysis Of The Impact Of Gun Type And Gun Density, Matthew Graham Ii

Electronic Theses and Dissertations

Very few studies have explored the relationship between the availability of certain types of firearms and gun density on both gun aggravated assaults and gun homicides. Nonetheless, research by Koper (2001) discovered that the availability of more lethal types of firearms, not gun density, was directly related to an increase in gun homicide rates for Dallas. However, this study did not take into account certain social and economic variables that may strengthen or weaken the determined relationship. The current study uses data previously analyzed by Koper (2001) and includes social and economic variables that have been linked to lethal violence …

Front Matter

Michigan Law Review

No abstract provided.

Secondhand Smoke Signals From Prison, Scott C. Wilcox

Michigan Law Review

This Note argues that courts should acknowledge current societal and medical perspectives on second hand smoke (SHS) and afford real protection to prisoners against SHS through injunctive relief. Part I examines evidence that conclusively demonstrates the serious risk of harm posed by SHS to the health of inmates. It reports that inmates' long-term exposure to SHS increases their risk of contracting lung cancer, heart disease, and other potentially life threatening conditions. Part II argues that, as required by the Helling standard, contemporary society does not tolerate involuntary, long-term exposure to SHS and that prison officials exhibit deliberate indifference by allowing …

Reinforcing Refugee Protection In The Wake Of The War On Terror, Edwin Odhiambo Abuya

Faculty Articles

This article examines how the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) can be used as a practical tool to enhance the protection of persons who have fled their home States in search of asylum in the wake of the global "war on terror." It compares and contrasts provisions of CAT to similar provisions contained in international refugee law. This article contends that, in some respects, the protection provisions of CAT are wider than those found in international refugee law, and, in other respects, narrower than those found in international refugee law. It concludes …

The Worldwide Popular Revolt Against Proportionality In Self-Defense Law, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This article examines popular dissatisfaction with the proportionality standard in self-defense law, which holds that the prevention of harm cannot be achieved by causing harm that is disproportionate. Legal elites, such as prosecutors, judges, and legal scholars, have long championed versions of this standard. But there is an increasingly widespread movement in the United States and Europe to modify elite notions of proportionality.

Common to these movements is the desire to replace complicated balancing tests with clearer rules, which would limit the discretion of prosecutors and judges, and to permit use of deadly force against attackers in more situations. Fueling …

The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye

Minnesota Journal of Law, Science & Technology

No abstract provided.

Probation And Parole Officers Speak Out--Caseload And Workload Allocation, Matthew Demichele, Brian K. Payne

Sociology & Criminal Justice Faculty Publications

The article deals with the perceptions of the Probation and Parole Officers on making case load and workload decisions. Caseload is the number of offenders an officer supervised while the workload is the amount of time needed to accomplish a task. The American Probation and Parole Association (APPA) provides baseline data in assisting policy-makers to resolve caseload and workload allocation issues. According to the article, officials should establish a definite goal to diminish recidivism through research-based processes.

The Rule Of Law In The Trial Court, Robert P. Burns

DePaul Law Review

No abstract provided.

Law Is The Mere Continuation Of Politics By Different Means: American Judicial Selection In The Twenty-First Century, Herbert M. Kritzer

DePaul Law Review

No abstract provided.

Is Alternative Dispute Resolution Consistent With The Rule Of Law?: Lessons From Abroad, Jean R. Sternlight

DePaul Law Review

No abstract provided.

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert J. Maccoun

DePaul Law Review

No abstract provided.

Amending The Illinois Postconviction Statute To Include Ballistics Testing, Kathryn E. Carso

DePaul Law Review

No abstract provided.