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Articles 1 - 12 of 12

Full-Text Articles in Law

Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt Jr. Mar 1997

Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt Jr.

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No abstract provided.


Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent Feb 1997

Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent

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No abstract provided.


Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson Jan 1997

Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson

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The United States Supreme Court decision in Payne v. Tennessee, upholding the use of victim impact statements in capital jury sentencing proceedings, marked one of the most dramatic reversals of a precedent in the history of United States constitutional jurisprudence. The decision in Payne expressly overruled Booth v. Maryland decided only four years earlier. The Booth case rejected the use of victim impact statements in capital sentencing cases that involved juries. In Payne, the Supreme Court made it clear that victims were entitled to offer, and juries were permitted to consider, the effect that a "death eligible" homicide had on …


Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker Jan 1997

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

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No abstract provided.


The Bomb Thief And The Theory Of Justification, Paul H. Robinson Jan 1997

The Bomb Thief And The Theory Of Justification, Paul H. Robinson

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No abstract provided.


The Utility Of Desert, Paul H. Robinson, John M. Darley Jan 1997

The Utility Of Desert, Paul H. Robinson, John M. Darley

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The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …


Immaturity And Irresponsibility, Stephen J. Morse Jan 1997

Immaturity And Irresponsibility, Stephen J. Morse

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No abstract provided.


Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson Jan 1997

Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson

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No abstract provided.


Unshackling Black Motherhood, Dorothy E. Roberts Jan 1997

Unshackling Black Motherhood, Dorothy E. Roberts

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No abstract provided.


The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson Jan 1997

The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson

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No abstract provided.


Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman Jan 1997

Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman

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This article discusses Spain’s history of trial by jury, focusing on the reinstatement of trial by jury in Spain by the 1995 jury legislation implementing Article 125 of the post-Franco Spanish Constitution. It discusses key provisions of the new Spanish jury law with illustrations from the cases of Otegi and others. It also predicts as to whether the classic jury will acquit itself as a catalyst for criminal justice reform in a Civil Law system such as that of Spain.


The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman Jan 1997

The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman

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This paper focuses on the dialectic between the search for truth, adversarial procedure, and lay participation in the preparation, presentation, and evaluation of evidence in criminal trials. Its primary focus is on the reintroduction of trial by jury in two classic inquisitorial criminal justice systems, Russia (1993) and Spain (1995), as a catalyst in those countries’ move to adversary procedure. It focuses on the effect of the jury system on preparing evidence for trial, the presentation of evidence at trial, and the evaluation of evidence.