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Full-Text Articles in Law

Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey May 2005

Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey

Michelle Madden Dempsey

This article critiques the Wolfenden Committee's conclusion that criminalising prostitute-use is inconsistent with the liberal harm principle. Section one evaluates recent empirical evidence challenging Wolfenden's assumptions regarding prostitution. Section two analyses the use of forced-prostitutes as a direct harm offence of rape. Section three presents a new approach to criminalising the conduct of prostitute-users, and sketches a prima facie case in favour of criminalising solicitation for prostitute-use as an abstract endangerment offence.


Prosecutorial Ethics, R. Michael Cassidy Dec 2004

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …


Juvenile Decertification: Developing A Model For Classification And Prediction, Geoffrey Marczyk, Kirk Heilbrun, Tammy Lander, David Dematteo Dec 2004

Juvenile Decertification: Developing A Model For Classification And Prediction, Geoffrey Marczyk, Kirk Heilbrun, Tammy Lander, David Dematteo

David DeMatteo

This study considers the impact of data from the Psychopathy Checklist: Youth Version (PCL:YV), the Massachusetts Youth Screening Instrument (MAYSI), and the Youth Level of Service Case Management Inventory (YLS/CMI) on the court’s decision whether to decertify an adolescent defendant back to juvenile court or keep the defendant in criminal court. There are significant positive relationships between certification status and age; number of violent charges; total charges; PCL:YV, YLS/CMI, and MAYSI total scores; and select subscales of the MAYSI and the YLS/CMI. Significant differences are found between those who remained in the adult criminal justice system and those who were …


Interrogating Guilty Suspects: Why Sipowicz Never Has To Admit He Is Wrong, George C. Thomas Iii, Richard A. Leo Dec 2004

Interrogating Guilty Suspects: Why Sipowicz Never Has To Admit He Is Wrong, George C. Thomas Iii, Richard A. Leo

Richard A. Leo

On the television police drama NYPD Blue, Andy Sipowicz and his colleagues often use threats of physical violence and psychological interrogation tactics to extract confessions from "guilty suspects." Sipowicz is portrayed as a white knight who serves a nobler ideal than respecting the physical integrity of suspects: obtaining justice for innocent victims. Although the television show is fictional, it has implications regarding real-life interrogation tactics used by the police. In this chapter, the authors analyze scenes from NYPD Blue in which the detectives use physical violence, threats of violence, and negative and positive incentive techniques to induce confessions from suspects. …


Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan Dec 2004

Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan

Lucian E Dervan

Since the creation of the Corporate Fraud Task Force in July 2002, the United States Department of Justice and the other member agencies have worked feverishly to ferret out corporate crime and punish wrongdoers. The Task Force, in the three years following the announcement of its formation by President Bush, has instituted hundreds of investigations, secured over five hundred corporate fraud convictions or guilty pleas, and charged over nine hundred defendants. Not to be outdone by federal law enforcement authorities, some state attorneys general have followed suit, pursuing their own well-publicized probes of corporate practices. The stakes in these investigations …