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Full-Text Articles in Law
Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin
Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes how current U.S. criminal law addresses the problem of securing a homicide conviction where multiple defendants are accused in a child's non-accidental death. Part III sets forth the English response: a statute that includes (1) a new substantive crime; (2) a permissible negative inference against a defendant who fails to account for the non-accidental death of a child for whom he or she is responsible; and (3) delay of a motion to dismiss for failure to establish a prima facie case until after the defense has been presented or the jury has been allowed to draw the …
Derecho Penal, Luis E. Chiesa
Derecho Penal, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa
Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell
The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This article addresses the general principles of attempt liability, including a description of the doctrines of factual and legal impossibility and the rationale behind the historical treatment of these defenses. Part III describes recent Internet attempt cases, and Part IV analyzes issues raised by such cases. This article suggests that the new Internet cases provide further rationale for rejecting a distinction between factual and legal impossibility that would allow the latter to be a defense. This article also discusses issues surrounding the appropriate mens rea for attempt, and its applicability to Internet cases, where the defendants claim ignorance or indifference …