Digital Commons Network^™

A Guide To Pathological Evidence For Lawyers And Police Officers, Gilles Renaud

Dalhousie Law Journal

The Bench, the Criminal Bar, the Civil Bar, and Law Enforcement officers will all hail the publication of the Third Edition of this outstanding work by Dr. Jaffe, whose lengthy and distinguished career as the former Medical Director of the Centre of Forensic Sciences has been marked by a desire to educate and to demystify the science of pathology. Although the text is relatively brief, the 246 pages include 17 well structured and clearly written chapters that discuss authoritatively subjects ranging from the Medico-Legal Autopsy to the role of the Pathologist in instructing defence counsel. Of note, the topic of …

Criminology: A Reader's Guide, Bruce P. Archibald

Dalhousie Law Journal

As a journeyman law teacher, sometime sociologist, enthusiastic law reformer, and an occasional dabbler in criminology and comparative law, this volume came to me like manna from heaven. It's an intelligent catalogue of almost all I ever wanted to know but most often never had time to read. Modestly called "a reader's guide", this book will serve a multitude of purposes for anyone with an interest in criminology. It is an excellent starting point for the student wishing to commence research on nearly any serious criminological topic. Criminal justice professionals who wish to step out of their narrow niche and …

The Saga Of Wiretapping In France: What It Tells Us About The French Criminal Justice System, Edward A. Tomlinson

Louisiana Law Review

No abstract provided.

Human Rights Aspects Of The Prisoner Transfer In A Comparative Perspective, Michael Plachta

Louisiana Law Review

No abstract provided.

The Race Factor And Trial By Jury, Kenneth Conboy

Fordham Urban Law Journal

The institution of trial by jury in criminal cases, one of the great achievements in the history of civilization and a principal foundation of our federal constitutional order, is to day under challenge by two different by interrelated developments in American courtrooms. The first is the development of a broad national imperative to eliminate all aspects of racism in American legal, political, and social life. The second is the heightened scrutiny that electronic media presence is applying to the jury system. This essay explores the utility and fairness of the American trial jury and its premise as a democratic and …

The Urban Criinal Justice System & The Juror's Perception, David Lewis

Fordham Urban Law Journal

The criminal justice system is anchored in its belief that twelve citizens are capable of working together to sift through the most difficult and complicated information without any preconception or bias to arrive at a "just" result. In this essay, the author explores the diverse perceptions the various actors in a courtroom (prosecutor, defense lawyer, police officer, jurors) and discusses how these views form an integral part of the courtroom dynamic.

"A Good Murder", Leigh B. Bienen

Fordham Urban Law Journal

People are profoundly interested in crimes because the law and legal punishments are supposed to address the fundamental human craving for justice. Courts are embedded in this system of law because we do not rust individuals alone or groups to judge fairly. This essay will describe a pattern which emerged when researchers examined all homicide cases in the state of New Jersey during the years immediately after the reimposition of capital punishment in 1982. Particularly relevant is the pattern of capital punishment for urban and suburban murders, and how those cases were regarded by law enforcement, the media, and the …

The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes

Fordham Urban Law Journal

We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …

The High Cost Of Juvenile Justice, Diane Ridley Gatewood

Fordham Urban Law Journal

This Essay will discuss the high cost of incarcerating substantial numbers of minority juveniles and will advocate alternatives to detention. The author discusses how minority youth are disproportionately affected at multiple stages of the criminal justice process: arrests, detentions, adjudication, and disposition. The Essay further discusses the increased use of the prison system for juveniles. The Essay concludes with several recommendations for how minority youth can be treated more fairly within the system and recommends alternatives to incarceration.

A Moral Standard For The Prosecutor's Exercise Of The Charging Discretion, Bennett L. Gershman

Fordham Urban Law Journal

The prosecutor's decision to institute criminal charges is the broadest and least regulated power in American criminal law. The judicial deference shown to prosecutors generally is most noticeable with respect to the charging function. This Essay discusses three hypothetical cases that present both realistic and recurring challenges to the prosecutor's charging power. The first case depends on a factual determination of a witness's reliability. The second case depends on a factual determination of the witness's truthfulness. The third case revolves around a legal determination regarding the applicability of a defense. Together, these cases provide a setting in which a moral …

The Big Black Man Syndrome: The Rodney King Trial And The Use Of Racial Stereotyes In The Courtroom, Lawrence Vogelman

Fordham Urban Law Journal

Rodney King was portrayed as the prototypical "Big Black Man". Having recognized the existence of the Big Black Man Syndrome as a factor in the Rodney King Case, what are the moral and ethical implications of allowing defense counsel to so cleverly play upon the racial fears they evidently recognized? The issue is whether the use of racist arguments by defense counsel in a criminal trial is unethical. This essay explores the ethical consideration that come into play where a trial advocate is faced with a case where racism, homophobia, or ethnic prejudice is part of the courtroom dynamic.

The Urban Crimnal Justice System: A Case Of Fairness, John F. Keenan

Fordham Urban Law Journal

This short essay contains the presiding judges recollections of the case People v. Robles as a way to discuss public perception of fairness in the criminal justice system.

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Articles & Chapters

No abstract provided.

Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West

Georgetown Law Faculty Publications and Other Works

Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
  
Furthermore, according to Dripps, …

Criminal Law, Brent M. Boyd, M. C. Cauthen, F. S. Pfeiffer, Pamela A. Wilkins, Christie L. Companion, J. E. Pilgreen Iv, James M. Hughes, Wendy Hallford-Dudley

South Carolina Law Review

No abstract provided.

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …

Personal Responsibility In Criminal Law , Lois Haight Herrington

Cornell Law Review

No abstract provided.

State Intervention In Pregnancy, Julia Elizabeth Jones

Louisiana Law Review

No abstract provided.

The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …

The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia

St. Thomas Law Review

No abstract provided.

Alaska Justice Forum ; Vol. 8, No. 2 (Summer 1991), Otwin Marenin, N/A Bureau Of Justice Statistics, Allan R. Barnes, N/A Criminal Justice Statistics Association

Vols 01-10 (1977-1994)

The Summer 1991 issue of the Alaska Justice Forum presents data from a study of crime in five unnamed Athabascan villages in central Alaska from 1985 through 1990; extracts from Village Public Safety Officer and Alaska State Trooper reports provide concrete details of individual incidents and a sense of context. The Offender-Based Transaction Statistics (OBTS) program of the Bureau of Justice Statistics, which tracks adult offenders from the point of entry into the criminal justice system through final disposition; OBTS data from eight U.S. states, including Alaska, indicate that for every 100 persons arrested for a felony in 1988, 81 …

Constitutional Limitations On State Power To Hold Parents Criminally Liable For The Delinquent Acts Of Their Children, Kathryn J. Parsley

Vanderbilt Law Review

In late 1988 as part of a comprehensive effort to combat violent street gang activity,' the California legislature passed an amendment to section 272 of California's Penal Code, commonly known as the Parental Responsibility Law. Section 272 originally stated only that every person who commits any act or fails to perform any duty that causes or tends to cause a minor to do a prohibited act is guilty of contributing to the delinquency of a minor, a misdemeanor under the California Penal Code, and subject to a maximum fine of twenty-five hundred dollars, one year in jail, or both. When …

The Twentieth Annual Kenneth J. Hodson Lecture: Military Justice For The 1990'S - A Legal System Looking For Respect, David A. Schlueter

Faculty Articles

The Kenneth J. Hodson Chair of Criminal Law was established at The Judge Advocate General’s School on June 24, 1971. The chair was named after Major General Hodson, who served as The Judge Advocate General from 1967 to 1971. General Hodson retired in 1971, but immediately was recalled to active duty to serve as the Chief Judge of the Army Court of Military Review. He served in that position until 1974. General Hodson served over thirty years on active duty. During that time, he was active in the American and Federal Bar Associations, and he authored much of the military …

Making Sense Of Criminal Law, James Boyd White

Book Chapters

When a student comes to law school, he leaves behind a world he knows and understands and turns to another world, that of the law, which at the beginning he cannot comprehend. He is immersed in a body of literature that is at once assertive and confusing; he attends a series of classes in which his teacher seems to make the unsettling assumption that he already knows what he came to learn. One question he will naturally ask himself of all this - his experience of the law - is whether it makes any sense to him. And for a …

Criminal Malpractice: Privilege Of The Innocent Plaintiff, Susan M. Treyz

Fordham Law Review

No abstract provided.

After The Fall: The Criminal Law Enforcement Response To The S&L Crisis, Bruce A. Green

Fordham Law Review

No abstract provided.

Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey

Fordham Law Review

No abstract provided.

The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.

St. Mary's Law Journal

In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …

Does "Unlawful" Mean "Criminal"?: Reflections On The Disappearing Tort/Crime Distinction In American Law, John C. Coffee Jr.

Faculty Scholarship

What sense does it make to insist upon procedural safeguards in criminal prosecutions if anything whatever can be made a crime in the first place?
—Professor Henry M. Hart, Jr.

My thesis is simple and can be reduced to four assertions. First, the dominant development in substantive federal criminal law over the last decade has been the disappearance of any clearly definable line between civil and criminal law. Second, this blurring of the border between tort and crime predictably will result in injustice, and ultimately will weaken the efficacy of the criminal law as an instrument of social control. Third, …

The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer

Dalhousie Law Journal

Why bother annotating the Criminal Code? At first blush the answer seems as plain to the casual reader as it did to Sir Charles: judges and others join Parliament in making criminal law. Indeed, despite the promise implicit in its short title, the Criminal Code is no more than An Act respecting the Criminal Law - a near-code which was and is a boat designed to be full of holes, to the great comfort of those standing by as it was launched in 1892 and, to a lesser extent, those hard at work bailing it out today. Today's Code admits …