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Full-Text Articles in Law
An Argument Against Open-File Discovery In Criminal Cases, Brian P. Fox
An Argument Against Open-File Discovery In Criminal Cases, Brian P. Fox
Notre Dame Law Review
This Note argues that, for the most part, open-file discovery proponents fail to recognize the added burden that defense counsel would face under a regime in which all items of the prosecution’s evidence are available for investigation by the defense. This is particularly true in the eighty to ninety percent of criminal cases where the defendant is indigent, and the court appointed defense counsel is operating under strict resource constraints.
This Note also argues that advocates of open-file discovery fail to recognize that in the majority of cases involving prosecutorial misconduct, the prosecutor’s intentional wrongdoing will be sufficient to overshadow …
Time-Bars: Rico-Criminal And Civil Federal And State, G. Robert Blakey
Time-Bars: Rico-Criminal And Civil Federal And State, G. Robert Blakey
Notre Dame Law Review
The article discusses the role of the Racketeer Influenced and Corrupt Organizations Act (RICO) in criminal proceedings. The Act considers several provisions including illegal services of drugs and gambling, corruption in labor or management relations, and commercial fraud such as bankruptcy and securities fraud. The Act applies criminal and civil sanctions including fines and imprisonment, forfeiture, and treble damage relief for persons who injured in business due to violation of law.
Overcoming Overcriminalization, Stephen Smith
Overcoming Overcriminalization, Stephen Smith
Journal Articles
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …