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Criminal Law

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Selected Works

2004

Articles 1 - 19 of 19

Full-Text Articles in Law

Anthrax Hoaxes, Ira P. Robbins Sep 2004

Anthrax Hoaxes, Ira P. Robbins

Ira P. Robbins

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …

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International Criminal Court & India: Some Questions & Answers, Saumya Uma Sep 2004

International Criminal Court & India: Some Questions & Answers, Saumya Uma

Saumya Uma

This book was an outcome of an attempt to fill the “information gap” presently faced in making the ICC meaningful to civil society in India. It is based on questions that are frequently raised during workshops that the ICC-India campaign has conducted in various parts of the country. The contents of the book are in the form of questions and answers, and the book explains complex issues in a simple language. The publication is specially intended for Indian human rights organizations, activists and legal professionals engaged in campaigns on law and policy reform issues on human rights. This publication forms …

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7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon Aug 2004

7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon

Thomas D. Lyon

A recent U.S. Supreme Court case is sure to have a major impact on the prosecution of family violence cases in which the victim fails to testify at trial.  A number of states have special hearsay exceptions for statements from victims of spouse abuse and child abuse.  Those exceptions often allow the statements into evidence even when the victim does not testify (usually with additional requirements, such as corroborative evidence or a finding that the statement has "indicia of reliability").  The U.S. Supreme Court has recently held that if the victim does not testify, "testimonial" hearsay is inadmissible unless the …

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The Georgia Justice Project, Amelia J. Uelmen Aug 2004

The Georgia Justice Project, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.

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Shame And Scandal: Clinical And Canon Law Perspectives On The Crisis In The Priesthood, Frank R. Herrmann, Gerald E. Kochansky Jun 2004

Shame And Scandal: Clinical And Canon Law Perspectives On The Crisis In The Priesthood, Frank R. Herrmann, Gerald E. Kochansky

Frank R. Herrmann, S.J.

No abstract provided.

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Reflections From Embassy Lakes, Florida: The Effective Teaching Of Criminal Law, Charles I. Lugosi Jan 2004

Reflections From Embassy Lakes, Florida: The Effective Teaching Of Criminal Law, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

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Respecting Human Life In 21st Century America, Charles I. Lugosi Jan 2004

Respecting Human Life In 21st Century America, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

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Lawrence V. Texas: When Profound And Deep Convictions Collide With Liberty Interests, Nancy J. Knauer Jan 2004

Lawrence V. Texas: When Profound And Deep Convictions Collide With Liberty Interests, Nancy J. Knauer

Nancy J. Knauer

This Essay offers a brief analysis of Lawrence v. Texas, arguing that Justice Kennedy's recognition of a liberty interest is preferable to the Equal Protection analysis urged by the Petitioners and advanced by Justice O'Connor. Equality arguments based on orientation and group affiliation in the absence of a core right to sexual autonomy reinforce a view of stable gay identities that is ultimately disingenuous and disempowering. After seventeen years of attempts by pro-gay advocates to bifurcate conduct from status and sidestep Bowers v. Hardwick, Justice Kennedy's majority opinion has conclusively put the sex back into homosexual. Under Equal Protection analysis, …

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"Smoke Gets In Your Mind": The Legal Framework For The Crime Of Arson, John L. Anderson Jan 2004

"Smoke Gets In Your Mind": The Legal Framework For The Crime Of Arson, John L. Anderson

John L Anderson

No abstract provided.

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Extending Corporate Criminal Liability: Some Thoughts On Bill C-45, Darcy Macpherson Dec 2003

Extending Corporate Criminal Liability: Some Thoughts On Bill C-45, Darcy Macpherson

Darcy L MacPherson

On 7 November 2003, Royal Assent was given to Bill C-45, An Act to Amend the Criminal Code (criminal liability of organizations). This legislation aims to broaden the criminal liability of corporations and other organizations in two significant ways. First, it expands the basis for corporate criminal liability beyond the existing common law; second, it extends to non-corporate organizations criminal liability previously limited to corporations. Bill C-45 will apply to all fault-based offences occurring on or after 31 March 2004, it does not apply to offences of either absolute or strict liability. This paper will discuss the most crucial changes …

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A Review Of Mood Disorders Among Juvenile Offenders, Richard E. Redding Dec 2003

A Review Of Mood Disorders Among Juvenile Offenders, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …

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What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding Dec 2003

What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …

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Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding Dec 2003

Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding

Richard E. Redding

Studies consistently show a high prevalence of mental disorders among criminal defendants. Forensic mental health issues thus arise frequently in the criminal justice system and are commonly encountered by prosecutors, defense attorneys, and judges - much more so than some criminal law doctrines (e.g., necessity, duress, impossibility) routinely taught in criminal law courses. Yet rarely are students taught about mental illness, how to represent mentally ill clients, adjudicative competence, the mental health needs of various offender groups and how these unmet needs may contribute to criminal behavior, or the use of mental health mitigation evidence at sentencing. If taught at …

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Men Of A Thousand Days: Death-Sentenced Inmates At Utah State Prison, Sandra Mcgunigall-Smith Dec 2003

Men Of A Thousand Days: Death-Sentenced Inmates At Utah State Prison, Sandra Mcgunigall-Smith

Sandy McGunigall-Smith

Studies of the pains of confinement and coping techniques have ignored the experiences of death-sentenced inmates, particularly those in the USA housed under the punitive regimes of supermax facilities. This research is a qualitative, mini-longitudinal study carried out between 1997 and 2001 which examines the particular pains of confinement for inmates in the supermax facility of Utah State Prison and how they coped with life under the sentence of death. The findings suggest that these inmates experienced different pains and utilized different coping techniques than those described in prison literature.

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Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston Dec 2003

Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston

James B Johnston

The 9/11 hijackers received much of the money they used to implement their plan of murder by funnelling money sent to them by Al Qaeda opertives to banks located in NJ. As a result the NJ legislature signed off on powerful terrorist financing legislation when it passed the September 11, 2001 Anto Terrorism Act. This article provides a step by step analysis of these new statutes and discusses other state legislation that can allow law enforcement to confiscate money linked to terrorism.

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6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon Dec 2003

6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon

Thomas D. Lyon

Many experts in child sexual abuse likely view the Michael Jackson molestation case with disgust. The case is colored by the media circus, the major players' motives for money and publicity, and the sometimes prurient, sometimes morbid fascination the public has with allegations they view as bizarre and improbable.

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Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee Dec 2003

Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article considers the extent to which civil and criminal law in Singapore deters the unlawful removal of cultural objects from the possession of private owners, art galleries and museums, or from archaeological sites, and provides redress to victims. Given Singapore's position as the crossroads of Asia, the law must be able to cope with the flow of objects in and out of the country. The law is currently deficient as it is not tailored to deal with issues concerning cultural heritage, and needs to be reformed in several respects. There are sound reasons for a modern State like Singapore …

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Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins Dec 2003

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins

Ira P. Robbins

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor
the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,
without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming
unindicted co-conspirators, these reasons …

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The Idea Of Equality And Affirmative Actions, Paulo Barrozo Dec 2003

The Idea Of Equality And Affirmative Actions, Paulo Barrozo

Paulo Barrozo

The article starts out from a concise reconstruction of the republican and the democratic ideals in the context of the modern expansion on emancipatory ideals and programs so as to produce an understanding of the principle of equality in light of them. It then seeks to develop the rudiments of a constitutional theory of equality consistent with the emancipatory ideals from which it derives its most robust meaning. In its last segment the article examines the question of "affirmative action" in the access to higher education within the scope of the proposed basis for a theory of equality.

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