Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

Journal

2008

Institution
Keyword
Publication

Articles 1 - 30 of 171

Full-Text Articles in Law

Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton Dec 2008

Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton

University of the District of Columbia Law Review

No abstract provided.


Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King Dec 2008

Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King

American University Law Review

This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.

The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …


I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds Dec 2008

I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds

William & Mary Law Review

No abstract provided.


Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle Nov 2008

Murderous Madonna: Femininity, Violence, And The Myth Of Postpartum Mental Disorder In Cases Of Maternal Infanticide And Filicide, Heather Leigh Stangle

William & Mary Law Review

No abstract provided.


The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii Nov 2008

The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2008

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund Nov 2008

Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund

BYU Law Review

No abstract provided.


Procrastination, Deadlines, And Statutes Of Limitation, Andrew J. Wistrich Nov 2008

Procrastination, Deadlines, And Statutes Of Limitation, Andrew J. Wistrich

William & Mary Law Review

Statutes of limitation are deadlines. Although psychologists have discovered a great deal about how people respond to deadlines during the past thirty years, the basic structure of statutes of limitation has not changed since at least 1623. This Article explores the question of whether the received model of statutes of limitation remains optimal in light of what we now know about procrastination, the planning fallacy, loss aversion, intertemporal discounting, the student syndrome, and other features of human cognition. It concludes by suggesting a more modern approach to statutes of limitation that is based on a better understanding of how people …


Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez Oct 2008

Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez

Buffalo Intellectual Property Law Journal

No abstract provided.


Towards An Equality-Enhancing Conception Of Privacy, Jane Bailey Oct 2008

Towards An Equality-Enhancing Conception Of Privacy, Jane Bailey

Dalhousie Law Journal

Canadian jurisprudence has explicitly recognized the impact of child pornography on the privacy rights of the children abused in its production. In contrast, it has generally not analyzed other forms of harmful expression, such as hate propaganda and obscenity,to be violations of the privacy rights of those targeted. In a previous article, the author suggested that this distinction in the jurisprudence reflected the relative ease with which the privacy interests of the individual children whose abuse is documented inchild pornography meshed with the prevalent Western approach toprivacy as a negative individual liberty against intrusion. Noting the historic role that the …


Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema Sep 2008

Judicial Patronage Of 'Honor Killings' In Pakistan: The Supreme Court's Persistent Adherence To The Doctrine Of Grave And Sudden Provocation, Moeen H. Cheema

Buffalo Human Rights Law Review

No abstract provided.


Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming Sep 2008

Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming

Pace Law Review

No abstract provided.


Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz Sep 2008

Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz

Pace Law Review

No abstract provided.


Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White Sep 2008

Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White

Washington and Lee Law Review

No abstract provided.


Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder Aug 2008

Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder

American University Law Review

No abstract provided.


Crime, Legitimacy, And Testilying, I. Bennett Capers Jul 2008

Crime, Legitimacy, And Testilying, I. Bennett Capers

Indiana Law Journal

No abstract provided.


Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson Jul 2008

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.


"The Mother Of All Balancing Tests": State V. Ariegwe And Montana's Revised Speedy Trial Analysis, Myles Braccio, Jessie Lundberg Jul 2008

"The Mother Of All Balancing Tests": State V. Ariegwe And Montana's Revised Speedy Trial Analysis, Myles Braccio, Jessie Lundberg

Montana Law Review

Right to Speedy Trial


Consent To Harm, Vera Bergelson Jun 2008

Consent To Harm, Vera Bergelson

Pace Law Review

No abstract provided.


Victims And The Significance Of Causing Harm, Guyora Binder Jun 2008

Victims And The Significance Of Causing Harm, Guyora Binder

Pace Law Review

No abstract provided.


Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa Jun 2008

Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa

Pace Law Review

No abstract provided.


Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa Jun 2008

Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa

Pace Law Review

No abstract provided.


Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell L. Christopher Jun 2008

Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell L. Christopher

Pace Law Review

No abstract provided.


Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez Jun 2008

Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez

Pace Law Review

No abstract provided.


Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno Jun 2008

Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno

Pace Law Review

No abstract provided.


Child Pornography's Forgotten Victims, Audrey Rogers Jun 2008

Child Pornography's Forgotten Victims, Audrey Rogers

Pace Law Review

No abstract provided.


Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez Jun 2008

Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez

Pace Law Review

No abstract provided.


The Ideal Victim, Leo Zaibert Jun 2008

The Ideal Victim, Leo Zaibert

Pace Law Review

No abstract provided.


Reforming Fourth Amendment Privacy Doctrine, Jim Harper Jun 2008

Reforming Fourth Amendment Privacy Doctrine, Jim Harper

American University Law Review

No abstract provided.


Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee Jun 2008

Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee

American University Law Review

No abstract provided.