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Full-Text Articles in Law
Presenter: Correcting A False Step: Rethinking The “Actual Expenses” Affirmative Defense To The Texas Constructive Trust Fund Act, Wayne Barnes
Wayne R. Barnes
No abstract provided.
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly
Peter R. Reilly
No abstract provided.
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly
Peter R. Reilly
No abstract provided.
Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison
Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison
Caren Myers Morrison
David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets. To support his argument, Jaros adopts the tenets of neoclassical deterrence theory, which assume that criminalizing an activity will deter its occurrence. But the model Jaros employs has its limits. The weakness of a rational choice account of criminal markets is that it relies so heavily on the assumption that prospective criminals will be aware of, and swayed by, criminal laws that might in fact be quite …
Note, Encouraging Allocution At Capital Sentencing: A Proposal For Use Immunity, Caren Morrison
Note, Encouraging Allocution At Capital Sentencing: A Proposal For Use Immunity, Caren Morrison
Caren Myers Morrison
This Note considers the self-incrimination dilemma raised by a capital defendant's allocution statements at the sentencing phase of his trial. Allocution gives a defendant the opportunity to make a direct plea to the sentencing judge or jury. However, in a system where reversals are common, admissions made at sentencing in one trial may be used against the defendant at retrial, chilling the practice. After examining the origins of this country's bifurcated system of capital punishment and tracing the evolution of the common law right of allocution, the author contends that this ancient practice should assume a greater role in the …
Keynote Address, Criminal Justice Policy In America, R. Michael Cassidy
Keynote Address, Criminal Justice Policy In America, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
Panelist, Cnn Panel Discussing The Film Whitey: Usa V. James J. Bulger, Robert Bloom
Panelist, Cnn Panel Discussing The Film Whitey: Usa V. James J. Bulger, Robert Bloom
Robert M. Bloom
No abstract provided.
Panel Discussion, Jimmy Gurule
The Effect Of Hawaii’S Ban The Box Law On Repeat Offending, Stewart D'Alessio, Lisa Stolzenberg, Jamie Flexon
The Effect Of Hawaii’S Ban The Box Law On Repeat Offending, Stewart D'Alessio, Lisa Stolzenberg, Jamie Flexon
Lisa Stolzenberg
The social stigma accompanying an official criminal record hinders the ability of an individual to acquire quality and stable employment, which is problematic because of the often reported nexus between unemployment and criminal behavior. Ban the box laws that limit an employer’s use of criminal background checks during the hiring process are being established across the country to help integrate ex-offenders into the labor force. The current study investigates whether Hawaii’s 1998 ban the box law reduced repeat offending in Honolulu County. Logistic regression results show that a criminal defendant prosecuted in Honolulu for a felony crime was 57% less …
Sex Trafficking Laws In East Tennessee, Cheryl George Professor
Sex Trafficking Laws In East Tennessee, Cheryl George Professor
Cheryl Page
No abstract provided.
A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger
A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger
Robert M. Sanger
Scientific or expert testimony is often critical in criminal cases. The Supreme Court has established that the trial judge is the "gatekeeper" who is to determine what evidence is allowed before the jury. The current rules of evidence are not organized in a way that makes this task readily intelligible. This chapter proposes a more direct our-step process to accomplish the gatekeeping function.