Law Commons^™

Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson

Steven L. Chanenson

No abstract provided.

Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.

Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.

Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey

Michelle Madden Dempsey

This article examines domestic violence criminal prosecutions and addresses what effective prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that effective prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus

Why Sexual Prenetration Requires Justification, Michelle Dempsey, Jonathan Herring

Michelle Madden Dempsey

This article defends the claim that sexual penetration is a prima facie wrong: it requires justification. We defend this claim by reference to considerations relating the use of physical force required to achieve sexual penetration, the occurrence and risk of harm posed by sexual penetration, and the negative social meaning of sexual penetration in patriarchal societies. The step we take in this article is a preliminary part of a larger project. We are not here directly concerned with questions of criminalisation; we aim simply to map the moral landscape of sexual penetration.

Research And Expert Testimony On Interrogations And Confessions, Mark Costanzo, Richard Leo

Richard A. Leo

In this chapter, the authors summarize the scholarly literature on false confessions and propose possible solutions to the problem of false confessions. The chapter begins by discussing some of the characteristics and major categories of false confessions. Next, the authors review risk factors that increase the likelihood of false confessions, including youth, cognitive impairment, mental illness, or certain vulnerable personalities. The authors also identify characteristics of the interrogation process that may raise the risk of false confessions and some of the cognitive and emotional factors that may enter into a suspect's decision to make a false confession. The authors describe …

Plea Bargaining's Survival: Financial Crimes Plea Bargaining, A Continued Triumph In A Post-Enron World, Lucian E. Dervan

Lucian E Dervan

This article examines the war on financial crimes that began after the collapse of Enron in 2001. Although many believed that the reforms implemented following this scandal led to greater prosecutorial focus on financial crimes and longer prison sentences, an analysis of data from 1995 through 2006 reveals that little has actually changed. The statistics demonstrate that the government's focus on financial crimes has not increased and prison sentences for fraud have remained stagnant. How could this be the case? It is this author's hypothesis that although prosecutors could have chosen to use new statutes and amendments to the United …

The Fourth Amendment Status Of Stored E-Mail: The Law Professors’ Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia

Susan Freiwald

This paper contains the law professors' brief in the landmark case of Warshak v. United States, the first federal appellate case to recognize a reasonable expectation of privacy in electronic mail stored with an Internet Service Provider (ISP). While the 6th circuit's opinion was subsequently vacated and reheard en banc, the panel decision will remain extremely significant for its requirement that law enforcement agents must generally acquire a warrant before compelling an ISP to disclose its subscriber's stored e-mails. The law professors' brief, co-authored by Susan Freiwald (University of San Francisco) and Patricia L. Bellia (Notre Dame) and signed by …

A First Principles Approach To Communications' Privacy, Susan Freiwald

Susan Freiwald