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Criminal Law

Journal

2006

Institution
Keyword
Publication

Articles 31 - 60 of 161

Full-Text Articles in Law

Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith Mar 2006

Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith

Nevada Law Journal

No abstract provided.


Death Penalty Law, Holly Geerdes, Nikki Cox Mar 2006

Death Penalty Law, Holly Geerdes, Nikki Cox

Mercer Law Review

This Article surveys fifteen death penalty decisions of the United States Supreme Court from June 1, 2004 through June 20, 2005. It was written as a companion to Death Penalty Law, a survey of death penalty decisions of the Georgia Supreme Court from June 1, 2004 through May 31, 2005. Focusing on the Court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not concern holdings in capital cases that are common to other criminal appeals.


The Impact Of Joinder And Severance On Federal Criminal Cases: An Empirical Study, Andrew D. Leipold, Hossein A. Abbasi Mar 2006

The Impact Of Joinder And Severance On Federal Criminal Cases: An Empirical Study, Andrew D. Leipold, Hossein A. Abbasi

Vanderbilt Law Review

Dave is in trouble. It was bad enough to be arrested for bank robbery; now he has learned that the prosecutor plans to join the current charge with three other, unrelated bank robberies and present all four counts in a single trial. To his priest and to his lawyer, Dave admits that he committed the first and the second robberies, but he did not commit the third or fourth. Dave is smart enough to realize, however, that once the jury starts hearing evidence of some of the crimes-all of which will sound quite similar-his ability to cast doubt on the …


Reasonable Suspicion And Mere Hunches, Craig S. Lerner Mar 2006

Reasonable Suspicion And Mere Hunches, Craig S. Lerner

Vanderbilt Law Review

In Terry v. Ohio, Earl Warren held that police officers could temporarily detain a suspect, provided that they relied upon "specific, reasonable inferences," and not simply upon an "inchoate and unparticularized suspicion or 'hunch."' Since Terry, courts have strained to distinguish "reasonable suspicion," which is said to arise from the cool analysis of objective and particularized facts, from "mere hunches," which are said to be subjective, generalized, unreasoned and therefore unreliable. Yet this dichotomy between facts and intuitions is built on sand. Emotions and intuitions are not obstacles to reason, but indispensable heuristic devices that allow people to process diffuse, …


Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum Feb 2006

Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum

American University Law Review

No abstract provided.


Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum Feb 2006

Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum

American University Law Review

No abstract provided.


Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart Feb 2006

Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart

William & Mary Bill of Rights Journal

No abstract provided.


Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz Feb 2006

Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz

Michigan Law Review

Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent …


American Indians, Crime, And The Law, Kevin K. Washburn Feb 2006

American Indians, Crime, And The Law, Kevin K. Washburn

Michigan Law Review

This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …


The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding Jan 2006

The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding

American University Law Review

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …


Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan Jan 2006

Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan

American University Law Review

This Comment argues that though the doctrine of forfeiture by wrongdoing allows a court to forfeit both a defendant’s right to object to the admission of hearsay statements and the right of confrontation, the current state of the law requires all out-of-court statements admitted under Rule 804(b)(6) to possess some level of reliability in order to satisfy due process. Part I of this Comment discusses the doctrine of forfeiture by wrongdoing, the courts’ treatment of this principle prior to 1997, and its codification into the Federal Rules of Evidence. Part II looks at Confrontation Clause issues unique to hearsay exceptions …


Chapter 721: Providing Sex Offenders' Conviction And Release Dates To The Public, Laura Friedman Jan 2006

Chapter 721: Providing Sex Offenders' Conviction And Release Dates To The Public, Laura Friedman

McGeorge Law Review

No abstract provided.


Codifying The Status Quo: Chapter 18 Admits Retired Officers' Hearsay Testimony At Preliminary Hearings, Breann Marie Handley Jan 2006

Codifying The Status Quo: Chapter 18 Admits Retired Officers' Hearsay Testimony At Preliminary Hearings, Breann Marie Handley

McGeorge Law Review

No abstract provided.


Protecting Human Rights In California's Detention Facilities: The Sexual Abuse In Detention Elimination Act Of 2005, Heather L. Mccray Jan 2006

Protecting Human Rights In California's Detention Facilities: The Sexual Abuse In Detention Elimination Act Of 2005, Heather L. Mccray

McGeorge Law Review

No abstract provided.


Chapter 484: From Home Detention To Gps Monitoring, Patricia L. Eichar Jan 2006

Chapter 484: From Home Detention To Gps Monitoring, Patricia L. Eichar

McGeorge Law Review

No abstract provided.


Chapter 635: Allowing Arrested Parents To Arrange For Childcare, Laura Friedman Jan 2006

Chapter 635: Allowing Arrested Parents To Arrange For Childcare, Laura Friedman

McGeorge Law Review

No abstract provided.


Cole's Law Confronts Constitutional Issues: Expanding The Availability Of Closed-Circuit Child Testimony In The Face Of The Confrontation Clause, Sophia Rowlands Jan 2006

Cole's Law Confronts Constitutional Issues: Expanding The Availability Of Closed-Circuit Child Testimony In The Face Of The Confrontation Clause, Sophia Rowlands

McGeorge Law Review

No abstract provided.


Pregnant Behind Bars: Chapter 608 And California's Reformation Of The Medical Care And Treatment Of Pregnant Inmates, Heather L. Mccray Jan 2006

Pregnant Behind Bars: Chapter 608 And California's Reformation Of The Medical Care And Treatment Of Pregnant Inmates, Heather L. Mccray

McGeorge Law Review

No abstract provided.


Interplay Investigating: Chapter 133 And Disclosure Of Rape Suspect Exams, Breann Marie Handley Jan 2006

Interplay Investigating: Chapter 133 And Disclosure Of Rape Suspect Exams, Breann Marie Handley

McGeorge Law Review

No abstract provided.


One Case For An Independent Federal Judiciary: Prison Reform Litigation Spurs Structural Change In California, James D. Maynard Jan 2006

One Case For An Independent Federal Judiciary: Prison Reform Litigation Spurs Structural Change In California, James D. Maynard

McGeorge Law Review

No abstract provided.


Making Sense Of Apprendi And Its Progeny, Erwin Chemerinsky Jan 2006

Making Sense Of Apprendi And Its Progeny, Erwin Chemerinsky

McGeorge Law Review

No abstract provided.


Slouching Toward Booker And Beyond - The Court Embraces And Rejects The Role Of Juries At Sentencing, Diane E. Courselle Jan 2006

Slouching Toward Booker And Beyond - The Court Embraces And Rejects The Role Of Juries At Sentencing, Diane E. Courselle

McGeorge Law Review

No abstract provided.


Introduction, Michael Vitiello Jan 2006

Introduction, Michael Vitiello

McGeorge Law Review

No abstract provided.


Prosecutorial Discretion In The Post-Booker World, Norman C. Bay Jan 2006

Prosecutorial Discretion In The Post-Booker World, Norman C. Bay

McGeorge Law Review

No abstract provided.


Duty To Avoid Disparity: Implementing 18 U.S.C. Sec. 3553(A)(6) After Booker, The, Michael M. O'Hear Jan 2006

Duty To Avoid Disparity: Implementing 18 U.S.C. Sec. 3553(A)(6) After Booker, The, Michael M. O'Hear

McGeorge Law Review

No abstract provided.


Under-Appreciated Value Of Advisory Guidelines, The, Erica J. Hashimoto Jan 2006

Under-Appreciated Value Of Advisory Guidelines, The, Erica J. Hashimoto

McGeorge Law Review

No abstract provided.


Challenging Untested Facts At Sentencing: The Applicability Of Crawford At Sentencing After Booker, Benjamin C. Mcmurray Jan 2006

Challenging Untested Facts At Sentencing: The Applicability Of Crawford At Sentencing After Booker, Benjamin C. Mcmurray

McGeorge Law Review

No abstract provided.


Freedom To Sentence: District Courts After Booker, The, Deborah Young Jan 2006

Freedom To Sentence: District Courts After Booker, The, Deborah Young

McGeorge Law Review

No abstract provided.


White Collar Crime Sentences After Booker: Was The Sentencing Of Bernie Ebbers Too Harsh?, Peter J. Henning Jan 2006

White Collar Crime Sentences After Booker: Was The Sentencing Of Bernie Ebbers Too Harsh?, Peter J. Henning

McGeorge Law Review

No abstract provided.


Restorative Justice In Federal Sentencing: An Unexpected Benefit Of Booker?, Erik Luna, Barton Paulson Jan 2006

Restorative Justice In Federal Sentencing: An Unexpected Benefit Of Booker?, Erik Luna, Barton Paulson

McGeorge Law Review

No abstract provided.