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Articles 241 - 270 of 284
Full-Text Articles in Law
Stop And Frisk: The Power And The Obligation Of The Police, Fred E. Inbau, James R. Thompson
Stop And Frisk: The Power And The Obligation Of The Police, Fred E. Inbau, James R. Thompson
Journal of Criminal Law and Criminology
No abstract provided.
Reforming American Penal Law, Markus Dirk Dubber
Reforming American Penal Law, Markus Dirk Dubber
Journal of Criminal Law and Criminology
No abstract provided.
A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau
A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
The Courage Of Our Convictions, Sherman J. Clark
The Courage Of Our Convictions, Sherman J. Clark
Michigan Law Review
This article argues that criminal trial juries perform an important but inadequately appreciated social function. I suggest that jury trials serve as a means through which we as a community take responsibility for - own up to - inherently problematic judgments regarding the blameworthiness or culpability of our fellow citizens. This is distinct from saying that jury trials are a method of making judgments about culpability. They are that; but they are also a means through which we confront our own agency in those judgments. The jury is an institution through which we as individuals take a turn acknowledging and …
Threats And Preemptive Practices, Claire Oakes Finkelstein
Threats And Preemptive Practices, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
On Hate And Equality, Alon Harel, Gideon Parchomovsky
On Hate And Equality, Alon Harel, Gideon Parchomovsky
All Faculty Scholarship
Hate crime legislation has sparked substantial political controversy and scholarly discussion. Existing justifications for hate crime legislation proceed on the premise that the rationale supporting such legislation must be found either in the greater gravity of the wrongdoing involved or in the perpetrator's greater degree of culpability. This premise stems from a fundamental theory that dominates criminal law scholarship: the wrongfulness-culpability hypothesis. The wrongfulness-culpability hypothesis posits that the only two grounds that may justify disparate treatment of offenses are the greater wrongfulness of the act or the greater culpability of the perpetrator. Yet, all attempts to demonstrate that hate crimes …
Give Me Your Tired, Your Poor, Your Collaterally Estopped Masses - Guilty Pleas And Collateral Estoppel Of Alienage In Criminal Proceedings: United States V. Gallardo-Mendez, Michael P. Daly
Villanova Law Review
No abstract provided.
Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey
Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey
Villanova Law Review
No abstract provided.
Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman
Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman
Villanova Law Review
No abstract provided.
The Prison Litigation Reform Act: Striking The Balance Between Law And Order, Peter Hobart
The Prison Litigation Reform Act: Striking The Balance Between Law And Order, Peter Hobart
Villanova Law Review
No abstract provided.
The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett
The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett
Faculty Publications
The critics of Kenneth W. Starr accused him, in the five-plus years that he served as the multi-tasked Independent Counsel, of many failings, mistakes, and improprieties. One of the most prevalent charges was one that has significance to lawyers and resonates with the general public's sense of bad behavior by prosecutors: the allegation that Starr and/or members of his staff "leaked" information. This general accusation was, of course, imprecise. It also might have been overbroad. Prosecutorial "leaks" include such plain illegalities as disclosing grand jury information to the media or other unauthorized persons, and also the much less regulated practice …
Emergency Circumstances, Police Responses, And Fourth Amendment Restrictions, John F. Decker
Emergency Circumstances, Police Responses, And Fourth Amendment Restrictions, John F. Decker
Journal of Criminal Law and Criminology
No abstract provided.
Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
Race, Vagueness, And The Social Meaning Of Order-Maintenance Policing, Dorothy E. Roberts
Journal of Criminal Law and Criminology
No abstract provided.
No Exception For No: Rejection Of The Exculpatory No Doctrine, Lauren C. Hennessey
No Exception For No: Rejection Of The Exculpatory No Doctrine, Lauren C. Hennessey
Journal of Criminal Law and Criminology
No abstract provided.
Legal Pitfalls To Avoid In Criminal Interrogations, Fred E. Inbau
Legal Pitfalls To Avoid In Criminal Interrogations, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Some Avoidable Lie-Detector Mistakes, Fred E. Inbau
Some Avoidable Lie-Detector Mistakes, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Sexual Misconduct Of Educators: A Comparison Of Decisions Of Courts And Tribunals In British Columbia, Nova Scotia And Ontario, Barbara J. Murray
Sexual Misconduct Of Educators: A Comparison Of Decisions Of Courts And Tribunals In British Columbia, Nova Scotia And Ontario, Barbara J. Murray
LLM Theses
This thesis examines the genesis of society's awareness of the problem of child sexual abuse as well as changes in the legal system to the prosecution of child sexual offence cases and then situates the problem within the educational system in British Columbia, Nova Scotia and Ontario. Thereafter, there is an examination of the panoply of remedies that the legal system provides to victims of sexual misconduct by educators. Conversely, it also analyses whether it is fair that educators who engage in such conduct should be faced with a multiplicity of proceedings before many different institutions. Further, the efficacy of …
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
LLM Theses
This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …
Revisiting Victim's Rights, Lynne N. Henderson
Revisiting Victim's Rights, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Articles in Law Reviews & Other Academic Journals
INTRODUCTION:Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- tropic …
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Can The Legal System Use Experts On Meaning?, Lawrence Solan
Can The Legal System Use Experts On Meaning?, Lawrence Solan
Faculty Scholarship
No abstract provided.
Refocusing The Burden Of Proof In Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan
Refocusing The Burden Of Proof In Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan
Faculty Scholarship
No abstract provided.
Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood
Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood
Animal Law Review
The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or menial health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal …
The International Criminal Trial Project [Research Work In Progress], Mark Findlay
The International Criminal Trial Project [Research Work In Progress], Mark Findlay
Research Collection Yong Pung How School Of Law
The debate surrounding the establishment of the International Criminal Court provides a critical example of the conflation of political imperative and criminal justice. In addition, it keenly identifies the manner in which the criminal trial (and its procedures) are viewed by the "international community" as crucial to the resolution of global conflict. The political push for an international criminal law, and its institutions, recently has relied on the connection between the image of a "just" international military intervention, and the necessity to punish "crimes" which either justified that intervention or were perpetrated by those opposed to it. At the conclusion …
Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill
Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill
Faculty Scholarship
The Independent Counsel Act expires on June 30, 1999. Should it be extended? Extended with modifications? Radically reformed? Or should it be allowed to sunset with nothing put in its place? To answer these questions, we need to address some more fundamental questions: (1) Do we truly need an independent office to investigate alleged wrongdoing by high-ranking officers of the executive branch? (2) If so, what are the options for the organizational structure of such an office? (3) By what criteria should the different institutional options be evaluated? (4) Under these criteria, which option represents the best, or perhaps more …
Be My Guest: The Hidden Holding Of Minnesota V. Carter, Edwin J. Butterfoss, Mary Sue B. Snyder
Be My Guest: The Hidden Holding Of Minnesota V. Carter, Edwin J. Butterfoss, Mary Sue B. Snyder
Faculty Scholarship
This Article first examines the Carter case in detail, including the opinions of the state courts and the briefs and oral argument in the United States Supreme Court, before turning to the Court's decision. The Article highlights the importance of Justice Kennedy's concurring opinion and explains the "hidden holding" of the case, raising the question of whether lowercourts will apply the correct rule from the case. The Article argues that the Court's denial of the defendants' claim of a reasonable expectation of privacy, combined with its failure to provide guidance as to when non-overnight visitors in homes will have the …
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.