Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Criminal law

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 1081 - 1110 of 1390

Full-Text Articles in Entire DC Network

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis Jan 1998

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Fordham Law Review

No abstract provided.

Go to article

The Newly Found "Compassion" For Sexually Violent Predators: Civil Commitment And The Right To Treatment In The Wake Of Kansas V. Hendricks, Elizabeth Weeks Jan 1998

The Newly Found "Compassion" For Sexually Violent Predators: Civil Commitment And The Right To Treatment In The Wake Of Kansas V. Hendricks, Elizabeth Weeks

Scholarly Works

In light of heart-wrenching stories of sexual abuse and public demands for safety, the Kansas v. Hendricks case presented the Supreme Court with compelling facts on which to uphold the Kansas commitment strategy. After all, the statute prevented the release of a man whose history of sex crimes, incarceration, and institutionalization spanned nearly two decades, and who admitted he still had sexual desires for children but could not control his urges. Faced with that evidence, the Court would have been hard-pressed to strike down the Kansas statute by finding that such a predator received inadequate treatment for his disorder, or …

Go to article

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1998

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Go to article

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch Jul 1997

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Law and Contemporary Problems

Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."

Go to article

Guilty Plea Revocation, Constitutional Waiver, And The Charter: "A Guilty Plea Is Not A Trap", John Dr Craig Apr 1997

Guilty Plea Revocation, Constitutional Waiver, And The Charter: "A Guilty Plea Is Not A Trap", John Dr Craig

Dalhousie Law Journal

The entry of a guilty plea has significant constitutional ramifications. It relieves the Crown of its obligation to prove the elements of an offence beyond a reasonable doubt and constitutes a waiver by the accused of various rights including the right to put the Crown's case to the test of a trial, the right to confront Crown witnesses through cross-examination and the right to remain silent in relation to the determination of legal guilt. In light of these constitutional dimensions, the article considers an issue which has received little academic attention: the revocation of a guiltyplea. The authorassesses the existing …

Go to article

Underfederalization Of Crime, Tom Stacy, Kim Dayton Jan 1997

Underfederalization Of Crime, Tom Stacy, Kim Dayton

Cornell Journal of Law and Public Policy

No abstract provided.

Go to article

The Role Of Counsel And The Courts In Addressing Foreign Language And Cultural Barriers At Different Stages Of A Criminal Proceeding, Richard W. Cole, Laura Maslow-Armand Jan 1997

The Role Of Counsel And The Courts In Addressing Foreign Language And Cultural Barriers At Different Stages Of A Criminal Proceeding, Richard W. Cole, Laura Maslow-Armand

Western New England Law Review

No abstract provided.

Go to article

Criminal Law—Retroactive Law Or Punishment For A New Offense?—The Ex Post Facto Implications Of Amending The Statutory Provisions Governing Violations Of Supervised Release, Ryan M. Zenga Jan 1997

Criminal Law—Retroactive Law Or Punishment For A New Offense?—The Ex Post Facto Implications Of Amending The Statutory Provisions Governing Violations Of Supervised Release, Ryan M. Zenga

Western New England Law Review

No abstract provided.

Go to article

Miscarriages Of Justice: Their Causes And Curses, Steven Wisotsky Jan 1997

Miscarriages Of Justice: Their Causes And Curses, Steven Wisotsky

St. Thomas Law Review

Judge Hand was wrong. There is now abundant evidence that innocent men have been convicted and imprisoned. Probably a few innocents have been executed. This article explores what is largely uncharted territory: the law pertaining to correcting miscarriages of justice. The twin premises are that significant numbers of innocent prisoners are wrongly convicted each year, and that present legal remedies are inadequate to correct these miscarriages of justice. How many miscarriages of justice have there been historically, and how common are they today? Because guilt or innocence is a judgment and not a purely objective fact, it is impossible to …

Go to article

Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant Jan 1997

Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant

Law Faculty Scholarship

Crime control through law enforcement is generally considered to be a two-part process of appre­hending and incapacitating or rehabilitating the guilty, and deterring the innocent from crime by the threat of punishment. The analysis presented here shows that the protection of the innocent from harass­ment-detention, arrest, punishment, and other intrusions by the criminal justice system-is important in deterring crime. Specifically, the analysis shows that deterrence from crime is weakened and then lost for a rational individual who holds the majority attitude toward risk, if the levels of rightful punishment and wrongful harassment are increased, as in a war on crime, …

Go to article

Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss Jan 1997

Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss

Publications

No abstract provided.

Go to article

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Go to article

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson Jan 1997

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

Go to article

Race And Criminal Justice, Richard B. Collins Jan 1997

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.

Go to article

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch Jan 1997

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Faculty Scholarship

In the early 1990s, I spent a couple of years as Chief of the Criminal Division in the Office of the U.S. Attorney for the Southern District of New York. One of my principal responsibilities was to hear "appeals" from defense lawyers, usually, although not exclusively, in white collar crime cases. These lawyers felt that their clients should not be indicted, or that the plea offer they had received from the prosecutor in charge of the case was unduly severe. Sometimes their arguments were essentially factual contentions that the government had the wrong take on the evidence – that the …

Go to article

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Go to article

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Go to article

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Go to article

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell Jan 1997

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Articles by Maurer Faculty

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates to …

Go to article

Alaska Criminal Statute Cross-Reference Guide, Allan R. Barnes, Julie R. Watson Nov 1996

Alaska Criminal Statute Cross-Reference Guide, Allan R. Barnes, Julie R. Watson

AJSAC reports

This guide provides cross-references between Alaska criminal statutes and National Criminal Information Center (NCIC), Uniform Crime Reports (UCR), Alaska OBTS, and Bureau of Justice Statistics (BJS) codes. The guide also includes brief annotations of each statute. The guide is also available in a computerized version. An accompanying volume, Conversion Tables for Use with the Alaska OBTS Database and the Alaska Criminal Statute Cross-Reference Guide, is designed for use with printed versions of the guide. The guide reflects legislative changes in Alaska Statutes through 1997, but is no longer updated.

Go to article

Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle Oct 1996

Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle

Dalhousie Law Journal

In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.

Go to article

The War On Drugs: Evening The Odds Through Use Of The Airport Drug Courier Profile, Brian A. Wilson Oct 1996

The War On Drugs: Evening The Odds Through Use Of The Airport Drug Courier Profile, Brian A. Wilson

Faculty Scholarship

The scourge of illegal drug abuse plagues the United States despite increased efforts by various law enforcement agencies to eradicate the narcotics trade. "The toll [drug abuse inflicts] on our society in lives made wretched, in costs to citizens, and in profits of gross size funneled to the most odious criminals, is staggering." Drugs lead the abuser fortunate enough to evade his demise to physical, financial and moral devastation, although their pernicious effects are not confined to the individual who uses them. The enormous profits generated by the drug trade invite corruption of unscrupulous law enforcement officials through lucrative bribes. …

Go to article

The Racial Hoax As Crime: The Law As Affirmation, Katheryn K. Russell Jul 1996

The Racial Hoax As Crime: The Law As Affirmation, Katheryn K. Russell

Indiana Law Journal

No abstract provided.

Go to article

The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii Apr 1996

The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii

West Virginia Law Review

No abstract provided.

Go to article

Lopez And The Federalization Of Criminal Law, Russell L. Weaver Apr 1996

Lopez And The Federalization Of Criminal Law, Russell L. Weaver

West Virginia Law Review

No abstract provided.

Go to article

A Confluence Of Authority And Critique, H Archibald Kaiser Apr 1996

A Confluence Of Authority And Critique, H Archibald Kaiser

Dalhousie Law Journal

Reading about murder in the news, seeing it portrayed on the longrunning British television series Inspector Morse, or pondering it as one digests Crime and Punishment are in many ways far preferable to studying, teaching or practising the law of homicide. After a few chapters, and particularly following my re-immersion into the cold substantive law of homicide which commences in chapter 3, one is certainly reminded that this is not a work to read as a pastime in "blissful circumstances". It is, nonetheless, a remarkably good book in terms of its breadth, authority and originality in approach and substance. It …

Go to article

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman Mar 1996

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman

All Faculty Scholarship

(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …

Go to article

Condemned By Substance And Process: A Comment On "Doubly Condemned": Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And "Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given": Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond Jan 1996

Condemned By Substance And Process: A Comment On "Doubly Condemned": Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And "Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given": Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond

Journal Articles

No abstract provided.

Go to article

Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington Jan 1996

Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Go to article

Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy Jan 1996

Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy

Journal Articles

In March 1993, accountants, attorneys and other professionals—who generally view RICO with suspicion—breathed a sigh of relief when they read the Washington Post: "People who lose money in thrifts and other businesses that go belly up because of wrongdoing can no longer use [RICO] to sue lawyers, accountants, or other advisers who played key roles in the enterprise." Unfortunately, this terse description of the Supreme Court's decision issued the previous day in Reves v. Ernst & Young may persuade professionals that they dropped an anchor in a tranquil safe-harbor, far from an exposure to the perils of the private enforcement …

Go to article

First Prev Next Last