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Articles 2281 - 2310 of 4163
Full-Text Articles in Entire DC Network
Introducing Plea Bargaining Into Post-Conflict Legal Systems, Cynthia Alkon, Ena Dion
Introducing Plea Bargaining Into Post-Conflict Legal Systems, Cynthia Alkon, Ena Dion
Faculty Scholarship
Criminal justice systems around the world face overwhelming caseloads and ever-increasing pressure to handle more. This pressure can be even more serious in post-conflict countries that face additional problems such as limited resources and fragile political environments. In overloaded criminal justice systems it may be difficult, if not impossible, to hold trials for every accused person in a timely way. As a result, countries are increasingly looking to alternative processes to handle criminal cases beyond traditional formal trials. Plea bargaining is frequently considered as a possible solution to problems of case backlogs, long periods of pretrial detention, and to help …
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly
Faculty Scholarship
According to the U.S. Department of Justice (“DOJ”), deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that, over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”
However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, the article sets forth the argument …
Energy Reform In Mexico: Lessons And Warnings From International Law, Guillermo J. Garcia Sanchez
Energy Reform In Mexico: Lessons And Warnings From International Law, Guillermo J. Garcia Sanchez
Faculty Scholarship
The article analyzes some of the contents of the Mexican Energy Reform of 2013 and warns on the international legal implications that the path that Mexico has chosen to follow could bring to its economy and international relations. Concretely, it argues that in order to avoid falling into the same mistakes made by other Latin American countries in the region, Mexico must consider its obligations contained in international treaties signed with the United States on transboundary resources, and its obligations in bilateral investment treaties that protect foreign investors from certain government acts and policies.
Nullification As Law, Jenny E. Carroll
Nullification As Law, Jenny E. Carroll
Faculty Scholarship
The rule of law is central to our notion of governance and our legal system. The ideal of a knowable, regular, public law shimmers in the discourse of our democracy. It stands in sharp contrast to the arbitrary and often anarchic law of men, in which those with absolute power rule absolutely. But the devil is always in the details. To move past the idealism is to enter a contested realm where competing theories seek to claim the mantle of the rule of law. While this article cannot claim to resolve the dispute over the precise meaning or construct of …
The U.S. Supreme Court's Failure To Fix Plea Bargaining: The Impact Of Lafler And Frye, Cynthia Alkon
The U.S. Supreme Court's Failure To Fix Plea Bargaining: The Impact Of Lafler And Frye, Cynthia Alkon
Faculty Scholarship
In the 2012 companion cases of Lafler v. Cooper and Missouri v. Frye, the United States Supreme Court held that there is a right to effective assistance of counsel during plea bargaining, even when a defendant later loses at trial. Legal commentators suggested the cases were "the single greatest revolution in the criminal justice process since Gideon v. Wainwright," that the cases will have a "significant effect,"' and that they were "the term's decisions with the greatest everyday impact on the criminal justice system." But, will things really change for defendants in the wake of Lafler and Frye …
Policing By Numbers: Big Data And The Fourth Amendment, Elizabeth E. Joh
Policing By Numbers: Big Data And The Fourth Amendment, Elizabeth E. Joh
Washington Law Review
This article identifies three uses of big data that hint at the future of policing and the questions these tools raise about conventional Fourth Amendment analysis. Two of these examples, predictive policing and mass surveillance systems, have already been adopted by a small number of police departments around the country. A third example—the potential use of DNA databank samples—presents an untapped source of big data analysis. Whether any of these three examples of big data policing attract more widespread adoption by the police is yet unknown, but it likely that the prospect of being able to analyze large amounts of …
Experiments In International Criminal Justice: Lessons From The Khmer Rouge Tribunal, John D. Ciorciari, Anne Heindel
Experiments In International Criminal Justice: Lessons From The Khmer Rouge Tribunal, John D. Ciorciari, Anne Heindel
Michigan Journal of International Law
Important experiments in international criminal justice have been taking place at the Extraordinary Chambers in the Courts of Cambodia (ECCC or Court), a tribunal created by the United Nations and Cambodian Government to adjudicate some of the most egregious crimes of the Pol Pot era.2 The tribunal opened its doors in 2006, and although its work continues, its first seven years of operations provide an opportunity to evaluate its performance and judge the extent to which legal and institutional experiments at the ECCC have been successful to date. This Article will show that, in general, the ECCC’s most unique and …
A Spatial Analysis Of Crime In The City Of San Luis Obispo Using Free And Open Source Gis Software, Chad Bunn
A Spatial Analysis Of Crime In The City Of San Luis Obispo Using Free And Open Source Gis Software, Chad Bunn
Social Sciences
A study of crime in the City of San Luis Obispo using FOSSGIS programs including CartoDB and QGIS. The study was for the perio of January 1, 2012 through June 30, 2013.
Vulnerable Victims: Guaranteeing Procedural Protections To Child And Developmentally Disabled Victims In Establishing Probable Cause For Search And Arrest Warrants, Courtney S. Bedell
Vulnerable Victims: Guaranteeing Procedural Protections To Child And Developmentally Disabled Victims In Establishing Probable Cause For Search And Arrest Warrants, Courtney S. Bedell
Penn State Law Review (2003 - Present)
No abstract provided.
The Spinnaker March 2014, University Of North Florida
The Spinnaker March 2014, University Of North Florida
Spinnaker
Student newspaper for the UNF community.
Impeachment By Unreliable Conviction, Anna Roberts
Impeachment By Unreliable Conviction, Anna Roberts
Faculty Scholarship
No abstract provided.
The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee
The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee
Maurer Theses and Dissertations
The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …
Men And Boys And The Ethical Demand For Social Justice, Samuel Vincent Jones
Men And Boys And The Ethical Demand For Social Justice, Samuel Vincent Jones
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Into Hell: Gang-Prostitution Of Minors, Jan Fox
Into Hell: Gang-Prostitution Of Minors, Jan Fox
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Back To The Future: The Revival Of The Theory Of Nullification, Keely N. Kight
Back To The Future: The Revival Of The Theory Of Nullification, Keely N. Kight
Mercer Law Review
American federalism, a system of dual sovereignty between the national government and state governments, is a "tale as old as time." Inherent in the dual sovereignty system is the issue that has been a point of great debate since the very inception of the United States of America: Which powers should the national government have and which should belong to the states? Indeed, "[e]lections have been won and lost," "a Civil War fought," and, most recently, the federal government shut down over this timeless question. With the exponential expansion of the federal government and sharp political disunion over health care, …
Contributions
UNIversitas: Journal of Research, Scholarship, and Creative Activity
No abstract provided.
Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman
Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman
Scholarly Publications
Although detention for dangerousness has received far more attention in recent years, a significant number of non-dangerous but impecunious defendants are jailed to ensure their presence at trial due to continued, widespread reliance on a money bail system. This Essay develops two related claims. First, in the near term, electronic monitoring will present a superior alternative to money bail for addressing flight risk. In contrast to previous proposals for reducing pretrial detention rates, electronic monitoring has the potential to reduce both fugitive rates (by allowing the defendant to be easily located) and government expenditures (by reducing the number of defendants …
Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann
Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
Secrecy, Intimacy, And Workable Rules: Justice Sotomayor Stakes Out The Middle Ground In United States V. Jones, Miriam H. Baer
Secrecy, Intimacy, And Workable Rules: Justice Sotomayor Stakes Out The Middle Ground In United States V. Jones, Miriam H. Baer
Faculty Scholarship
No abstract provided.
Prison-Based Animal Programs (Paps) And Mental Health Outcome Measures, Kaitlyn Swyers
Prison-Based Animal Programs (Paps) And Mental Health Outcome Measures, Kaitlyn Swyers
University Honors Theses
The following text will detail the pervasiveness of mental health issues in prisons as a nationwide problem. This provides an important context and poses the urgent research questions of (1) how prisons can realistically attempt to lower the impact of mental health issues that are plaguing more incarcerated individuals than not in the United States, (2) why prisons should be concerned with measuring a program’s impact on mental health, and (3) what outcome measures of mental health can be realistically and conveniently implemented to begin collecting data. Prison-based animal programs (PAPs) are presented as one such way that this can …
No At-Risk Law Student Left Behind: The Convergence Of Academic Support Pedagogy And Experiential Education, Starla J. Williams, Iva J. Ferrell
No At-Risk Law Student Left Behind: The Convergence Of Academic Support Pedagogy And Experiential Education, Starla J. Williams, Iva J. Ferrell
Southern Illinois University Law Journal
This Article addresses the urgent need to develop innovative experiential education that takes into account the unique learning needs of both at-risk and underperforming law students. The authors discuss the anticipated surge of these academically vulnerable law students who are unable to benefit from clinics or externships that law schools offer to higher achieving students. The authors observe that as the economic downturn in the United States continues to take its toll on law school applications, law schools will admit candidates with lower performance indicators who require more practice-based legal skills training to succeed. This influx of academically and professionally …
The Leadership Practices Of Non-Traditional Students Pursuing A Bachelor's Degree: A Predictive Study, Michael Ammons
The Leadership Practices Of Non-Traditional Students Pursuing A Bachelor's Degree: A Predictive Study, Michael Ammons
Doctoral Dissertations and Projects
This non-experimental, regression study examined the relationship between leadership practices and academic achievement for a non-traditional student population. The study was conducted at a small, four-year private college in Eastern North Carolina. The sample consisted of N=146 (73 male, 73 female) non-traditional students enrolled in an accelerated bachelor's degree program. Volunteer participants completed the survey which consisted of the Leadership Practice Inventory-Self (LPI) (Kouzes & Posner, 1998) assessment and a demographic questionnaire. Kouzes and Posner's (2007) model of Transformational Leadership Theory is used to explain the leadership practices of non-traditional students. The results of the survey were analyzed using hierarchal …
Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott
Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott
Nevada Law Journal
No abstract provided.
Los Angeles County's Criminal Street Gangs: Does Violence Roll Downhill?, Jasmin B. Randle
Los Angeles County's Criminal Street Gangs: Does Violence Roll Downhill?, Jasmin B. Randle
Electronic Theses, Projects, and Dissertations
According to the 2011 National Gang Threat Assessment created by the Federal Bureau of Investigation, there are more than 33,000 gangs in the United States, cited as being responsible for nearly 48% of the violent crime in the country. Using information drawn from gang-related court cases, this study examines the nature of inter- and intra-gang violence occurring between January 1, 2002-December 31, 2011. An innovative application of network analysis will be used to hone in on rivalries, the existence of possible hierarchy, and the relational and structural characteristics of Blood and Crip gangs in Los Angeles County. Results show that …
Lessons From Inquisitorialism, Christopher Slobogin
Lessons From Inquisitorialism, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The adversarial system as it is implemented in the United States is a significant cause of wrongful convictions, wrongful acquittals and wrongful sentences. Empirical evidence suggests that a hybrid inquisitorial regime would be better than the American-style adversarial system at reducing these erroneous results. This paper proposes the integration of three inquisitorial mechanisms into the American trial process, judicial control over the adjudication process, non-adversarial treatment of experts, and required unsworn testimony by the defendant and defends the proposals against constitutional and practical challenges. While other scholars have suggested borrowing from overseas, these three proposals have yet to be presented …
Street Diversion And Decarceration, Mary Fan
Street Diversion And Decarceration, Mary Fan
Articles
States seeking more cost-effective approaches than imprisoning drug offenders have explored innovations such as drug courts and deferred prosecution. These treatment-based programs generally involve giving diversion discretion to prosecutors and judges, actors further down the criminal processing chain than police. The important vantage of police at the gateway of entry into the criminal system has been underutilized. [para] The article explores developing the capacity of police to take a public health approach to drug offending by engaging in street diversion to treatment rather than criminal processing. This approach entails giving police therapeutic discretion—the power to sort who gets treatment rather …
Escué-Zapata V. Colombia, Jenna Eyrich
Escué-Zapata V. Colombia, Jenna Eyrich
Loyola of Los Angeles International and Comparative Law Review
In this case, Colombian Military Forces murdered Germán Escué Zapata, a leader in the indigenous Paez or Nasa community in 1988. Interestingly, the State acknowledged international responsibility for violating Articles 4(1) (Prohibition of Arbitrary Deprivation of Life), 5 (Right to Humane Treatment), and 7 (Right to Personal Liberty) in relation to Article 1(1) (Obligation to Respect Rights) of the American Convention on Human Rights. In the Court’s decision, it discussed whether violations of Article 1(1) (Obligation to Respect Rights) may be invoked separately from violations of other Articles of the Convention, and found that killing a community leader is not, …
Understanding The Icc Prosecutor Through The Game Of Chess, Idris Fassassi
Understanding The Icc Prosecutor Through The Game Of Chess, Idris Fassassi
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Value Of Situation Awareness Information Requirements Analysis And Information Flow Analysis, Norman E. Groner
Value Of Situation Awareness Information Requirements Analysis And Information Flow Analysis, Norman E. Groner
Publications and Research
No abstract provided.