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Criminal Law

Journal

2005

Institution
Keyword
Publication

Articles 181 - 202 of 202

Full-Text Articles in Law

Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia Jan 2005

Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia

Journal of Law and Health

The fact of the matter is that residency laws often force all registered sex offenders to pay the price for a few high-profile cases and the public's fear and beliefs regarding sex offenders is often misguided and not well-founded. Sex offender residency laws may actually increase recidivism rates while placing unjustified burdens on sex offenders and their family members. Furthermore, because these laws target stranger perpetrators, they do not prevent the majority of sex crimes committed by acquaintances or family members of the victim. This results in parents being lulled into a false sense of security that their children are …


Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher Jan 2005

Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher

American University International Law Review

No abstract provided.


Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel Jan 2005

Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel

UIC Law Review

No abstract provided.


Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina Jan 2005

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.


Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington Jan 2005

Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Violating The Inviolable: Firearm Industry Retroactive Exemptions And The Need For A New Test For Overreaching Federal Prohibitions, 38 J. Marshall L. Rev. 955 (2005), James L. Daniels Jan 2005

Violating The Inviolable: Firearm Industry Retroactive Exemptions And The Need For A New Test For Overreaching Federal Prohibitions, 38 J. Marshall L. Rev. 955 (2005), James L. Daniels

UIC Law Review

No abstract provided.


Updates From The International Criminal Courts, Nicolas M. Rouleau, Annelies Brock, Daisy Yu, Anne Heindel, Mario Cava, Tejal Jesrani Jan 2005

Updates From The International Criminal Courts, Nicolas M. Rouleau, Annelies Brock, Daisy Yu, Anne Heindel, Mario Cava, Tejal Jesrani

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Mario Cava, Tejal Jesrani, Christian De Vos, Anna Triponel, Anne Heindel Jan 2005

Updates From The International Criminal Courts, Mario Cava, Tejal Jesrani, Christian De Vos, Anna Triponel, Anne Heindel

Human Rights Brief

No abstract provided.


Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry Jan 2005

Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry

Human Rights Brief

No abstract provided.


De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle Jan 2005

De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson Jan 2005

Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.


Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes Jan 2005

Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes

Cleveland State Law Review

This note contends that Ohio should join the modern trend and allow expert testimony on the battered woman syndrome in a limited form in domestic violence prosecutions. Part II of this note explores the syndrome and its origins. Part III provides background on the evidentiary uses of the syndrome in Ohio. It discusses the emergence of the battered woman syndrome in Ohio courts, and then examines the unsuccessful initial attempts by prosecutors in Ohio to use expert testimony on the syndrome.Part IV looks at how several jurisdictions outside of Ohio have addressed this issue. Part V presents the argument that …


Initial Consent Rape: Inherent And Statutory Problems, Brett M. Kyker Jan 2005

Initial Consent Rape: Inherent And Statutory Problems, Brett M. Kyker

Cleveland State Law Review

First, this Note will examine the impetus behind the introduction of Senate Bill 406. Second, this Note will examine the legal effect of Senate Bill 406 on Illinois' sexual assault laws. Third, this Note will address problems with the statutory recognition of the crime of “initial consent” rape. Fourth, this Note will address problems with the crime of “initial consent” rape within the context of the Illinois statutory code. Fifth, this Note will examine the effects of rape on the victim. Sixth, this Note will discuss potential solutions to the problems of Illinois' amended rape law.


Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger Jan 2005

Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger

University of Colorado Law Review

No abstract provided.


Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy Jan 2005

Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy

Fordham Urban Law Journal

This Article addresses the biases confronting sexual minorities in the legal system. The author calls upon the legal community including bar associations, judicial councils and conferences, and law schools to recognize that bias against sexual minorities exists and they should devote sufficient resources to allow for comprehensive study of this problem and for the education of the bar and the public. Furthermore, the Article points out that this bias against sexual minorities among key players in the legal system may actually be a factor in the imposition of the death penalty. The author points out the inattention this bias against …


Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman Jan 2005

Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman

Fordham Urban Law Journal

This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.


Bad Children Or A Bad System: Problems In Federal Interpretation Of A Delinquent's Prior Record In Determining The Appropriateness Of A Discretionary Judicial Waiver, Jessica L. Anders Jan 2005

Bad Children Or A Bad System: Problems In Federal Interpretation Of A Delinquent's Prior Record In Determining The Appropriateness Of A Discretionary Judicial Waiver, Jessica L. Anders

Villanova Law Review

No abstract provided.


The Civilization Of The Criminal Law, Christopher Slobogin Jan 2005

The Civilization Of The Criminal Law, Christopher Slobogin

Vanderbilt Law Review

The boundaries of the criminal justice system are eroding. A vast amount of relatively innocuous behavior is now criminalized. The line between criminal penalties and administrative sanctions is dissolving, as criminal law relaxes its mens rea requirements and government bureaucracies aggressively pursue regulatory violations. Distinctions between criminal and civil forfeiture, contempt, and deportation proceedings have been vanishingly subtle for some time. Perhaps the most serious assault on the integrity of today's criminal justice system, however, is the increasing prominence of the "dangerousness criterion" as justification for confinement by the government. Governmental deprivations of liberty have usually been the province of …


The Role Of Prosecutors In Serving Justice After Convictions, Fred C. Zacharias Jan 2005

The Role Of Prosecutors In Serving Justice After Convictions, Fred C. Zacharias

Vanderbilt Law Review

It is an old saw that prosecutors have both an ethical and a legal obligation to "do justice." The contours of that obligation, however, are not well defined. This Article addresses one particularly neglected aspect of the obligation: prosecutors' ethical duty to serve justice after convictions are complete. Prosecutorial justice issues seem to arise less frequently after conviction than at trial. Prosecutorial discretion is at its height in the postconviction context because legislators and professional code drafters have not focused on postconviction issues. Freed from binding legal constraints, prosecutors have avoided deep consideration of how their general obligation to serve …


Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai Jan 2005

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai

Oklahoma Law Review

No abstract provided.


A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers Jan 2005

A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers

Oklahoma Law Review

No abstract provided.


Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark Jan 2005

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.