Digital Commons Network^™

The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal

Faculty Publications

In this Article, I assess the apparent prospects for increased disciplinary enforcement of state ethics rules based on Rule 3.8(d) of the American Bar Association's (“ABA”) Model Rules of Professional Conduct that mandates prosecutorial disclosure of exculpatory information. In particular, I focus on whether it makes sense to view recent ABA Formal Opinion 09-454, in which the ABA gave an expansive reading to Model Rule 3.8(d), as the bellwether of an era of increased enforcement of ethical disclosure rules for prosecutors.

Forensic Science: Why No Research?, Paul C. Giannelli

Faculty Publications

The National Academy of Sciences ground-breaking report on forensic science – Strengthening Forensic Science in the United States: A Path Forward – raised numerous issues. One dominant theme that runs throughout the Report is the failure of some forensic science disciplines to comport with fundamental scientific principles – in particular, to support claims with empirical research. The Report observed that “some forensic science disciplines are supported by little rigorous systematic research to validate the discipline’s basic premises and techniques. There is no evident reason why such research cannot be conducted.”

The Report went on to identify fingerprint examinations, firearms (ballistics) …

Independent Crime Laboratories: The Problem Of Motivational And Cognitive Bias, Paul C. Giannelli

Faculty Publications

One of the most controversial recommendations in the National Academy of Sciences report on forensic science — Strengthening Forensic Science in the United States: The Path Forward — concerns the removal of crime laboratories from the administrative control of law enforcement agencies. For decades scholars have commented on the “inbred bias of crime laboratories affiliated with law enforcement agencies.” Some commentators have proposed independent laboratories as the remedy for this problem, and in 22, the Illinois Governor’s Commission on Capital Punishment proposed the establishment of an independent state crime laboratory. This essay documents the problems that triggered the NAS Report’s …

Statutory Interpretation Regarding Joint Criminal Enterprise And Roots In Codes Of Superior Responsibility Doctrine. Does Article 3(1)(B) Of The Stl Statute Refer To The Joint Criminal Enterprise Doctrine (Jce) Or To Another Mode Of Liability? If This Provision Does Not Refer To Jce, What Was The Intent Of The Drafters Of The Statute Regarding The Meaning Of This Provision? What Support Is There For The Proposition That The Doctrine Of Superior Responsibility Is Rooted In National Criminal And Military Codes? Which Ones? Is It Possible To Find Concordant Law-Cases Issued Before February 14 2005 By National Courts From Different Legal Systems Which Establishes That Superior Responsibility As Set Out In Article 3 Of The Stl Statute Is Applicable To Terrorists Acts, Murder Or Other Crimes Within The Jurisdiction Of The Stl?, Jacqueline C. Greene

War Crimes Memoranda

No abstract provided.

Profiling Ridgway: A Retrospective Analysis Of Criminal Profiling Through The Green River Investigation, Loren T. Atherley

Master of Arts in Criminal Justice Theses

Gary L. Ridgway has been called the most prolific serial killer in U.S. history. Despite the efforts of the foremost minds in criminal profiling he evaded capture for nearly twenty years. Attempts to profile Ridgway using the methods available failed to identify key behavioral components and misled the investigation. This is a case study and retrospective analysis of criminal profiling with attention to the relationship between crime scene evidence and offender personality, background, and individual characteristics. I hypothesized that modern methods of criminal profiling would have been more effective in identifying personality characteristics of the offender given corrected behavioral models. …

Combating A Different Enemy: Proposals To Change The Culture Of Sexual Assault In The Military, Megan N. Schmid

Villanova Law Review (1956 - )

No abstract provided.

Sovereign Litigants: Native American Nations In Court, Catherine T. Struve

Villanova Law Review (1956 - )

No abstract provided.

Deceit In Defense Investigations, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

Prosecutors and police routinely employ misrepresentation and deceit in undercover investigations. In cases ranging from drug distribution, prostitution, and sexual misconduct with minors to organized crime and terrorism, police and those cooperating with police deceive suspects and their cohorts about their identities and their intentions in order to gain information to help uncover past crimes and thwart future crimes. Frequently, such deceit helps reveal the truth about what criminals do and think.

May defense lawyers and investigators working for them employ similar tactics? Or should prosecutors be the only lawyers allowed to direct and supervise investigatory deception? In recent years, …

Adverse Inference About Adverse Inferences: Restructuring Juridical Roles For Responding To Evidence Tampering By Parties To Litigation, Dale A. Nance

Faculty Publications

For at least two centuries, Anglo-American courts have responded to a party's evidence tampering by allowing the opponent to argue to jurors that they should draw an adverse inference against the offending party in deciding the merits of the case. This Article argues that the use of such inferences, and invitations to draw them, should be radically curtailed, not only because of the ambiguities and risks of prejudice that such inferences entail, but more importantly because they reflect and contribute to a confusion of roles in which the jury is enlisted to participate in the management of the pre-trial conduct …

The Absence Of A Comprehensive Federal Policy Toward Internet And Sports Wagering And A Proposal For Change, Anthony Cabot

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Misunderstood First Amendment And Our Lives Online, Cheryl B. Preston

BYU Studies

Certainly, we have always been warned about the harms of pornography. Jesus said, "Ye have heard that it was said by them of old time, Thou shalt not commit adultery: But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart" (Matt. 5:27–28). But the prophets have become increasingly insistent in their warnings during the last several decades. This spike in prophetic warning corresponds to the development of technology.

The Unintentional Rapist, Bennett Capers

Faculty Scholarship

No abstract provided.

California's Survivors Of Domestic Violence Employment Leave Act: The Twenty-Five Employee Minimum Is Not A Good Rule Of Thumb, Hilary Mattis

Santa Clara Law Review

No abstract provided.

2010 - 2011, Gardner-Webb University Academic Catalog, Gardner-Webb University

Undergraduate Academic Catalogs

2010 - 2011, Gardner-Webb University Academic Catalog. A. Frank Bonner, president.

Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace

Student Articles and Papers

This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution ("ADR") in the criminal justice system. Analyzing literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice approach to criminal ADR better accommodates the realities of social conditions that correlate with criminality while respecting deeply-held concepts of responsibility. I further argue that this approach provides a useful response to critics, such as Owen Fiss, who argue that ADR privatizes disputes, thereby failing to produce and reinforce essential public norms.

2009-2010 Annual Student Assessment Report, Southwestern Oklahoma State University

Assessment Center Reports

Annual Student Assessment Report produced by the SWOSU Assessment Center

The Need For Review: Allowing Defendants To Appeal The Factual Basis Of A Conviction After Pleading Guilty, Steven Schmidt

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

American Trust Law In A Chinese Mirror, Frances H. Foster

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Speaking Of Silence: A Reply To Making Defendants Speak, Donald P. Judges, Stephen J. Cribari

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Voices Of Victims: Debating The Appropriate Role Of Fraud Victim Allocution Under The Crime Victims' Rights Act, Julie Kaster

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Who's Afraid Of Law And The Emotions?, Kathryn Abrams, Hila Keren

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Icc As Arbiter In Kenya's Post-Electoral Violence, Abraham Korir Sing'oei

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Bush And Obama Fight Terrorists Outside Justice Jackson's Twilight Zone, Afsheen John Rasdan

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Natural And Probable Consequences Doctrine: A Case Study In Failed Law Reform, 15 Berkeley J. Crim. L. 388 (2010), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin

Articles

This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …

On Silence: A Reply To Professors Cribari And Judges, Ted Sampsell-Jones

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

Atrocity Crimes Litigation: Some Human Rights Concerns Occasioned By Selected 2009 Case Law, Göran Sluiter

Northwestern Journal of Human Rights

No abstract provided.

Commencement Program (December 2010), Csusb

CSUSB Commencement Programs

No abstract provided.