Law Commons^™

Racial Discrimination In The Administration Of The Death Penalty: The Experience Of The United States Armed Forces (1984–2005), David C. Baldus, Catherine M. Grosso, George Woodworth, Richard Newell

Journal of Criminal Law and Criminology

No abstract provided.

Class Matters, Erica J. Hashimoto

Journal of Criminal Law and Criminology

No abstract provided.

The Search For Rapists’ “Real” Motives, David P. Bryden, Maren M. Grier

Journal of Criminal Law and Criminology

No abstract provided.

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Richmond Public Interest Law Review

Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love's death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of …

Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant

Kentucky Law Journal

No abstract provided.

The Proper Remedy For A Lack Of Batson Findings: The Fall-Out From Snyder V. Louisiana, William H. Burgess, Douglas G. Smith

Journal of Criminal Law and Criminology

No abstract provided.

Bark With No Bite: How The Inevitable Discovery Rule Is Undermining The Supreme Court’S Decision In Arizona V. Gant, Scott R. Grubman

Journal of Criminal Law and Criminology

No abstract provided.

Everybody’S Got A Price: Why Orange County’S Practice Of Taking Dna Samples From Misdemeanor Arrestees Is An Excessive Fine, Michael Purtill

Journal of Criminal Law and Criminology

No abstract provided.

A Law Of Passion, Not Of Principle, Nor Even Purpose: A Call To Repeal Or Revise The Adam Walsh Act Amendments To The Bail Reform Act Of 1984, Michael R. Handler

Journal of Criminal Law and Criminology

No abstract provided.

Excusing Behavior: Reclassifying The Federal Common Law Defenses Of Duress And Necessity Relying On The Victim’S Role, Monu Bedi

Journal of Criminal Law and Criminology

No abstract provided.

A Lie Is A Lie: An Argument For Strict Protection Against A Prosecutor’S Knowing Use Of Perjured Testimony, Charlie Devore

Journal of Criminal Law and Criminology

No abstract provided.

Foreword, Charlie Devore

Journal of Criminal Law and Criminology

No abstract provided.

Criminalizing Statements Of Terrorist Intent: How To Understand The Law Governing Terrorist Threats, And Why It Should Be Used Instead Of Long-Term Preventive Detention, Alec Walen

Journal of Criminal Law and Criminology

No abstract provided.

The Status Quo Bias And Counterterrorism Detention, Gregory S. Mcneal

Journal of Criminal Law and Criminology

No abstract provided.

Mental Disorder And Criminal Law, Stephen J. Morse

Journal of Criminal Law and Criminology

No abstract provided.

“Confronting” Foreign Intelligence: Crawford Roadblocks To Domestic Terrorism Trials, John Scott

Journal of Criminal Law and Criminology

No abstract provided.

Federalism And Criminal Law: What The Feds Can Learn From The States, Rachel E. Barkow

Michigan Law Review

Criminal law enforcement in the United States is multijurisdictional. Local, state, and federal prosecutors all possess the power to bring criminal charges. An enduring question of criminal law is how authority should be allocated among these levels of government. In trying to gain traction on the question of when crime should be handled at the federal level and when it should be left to local authorities, courts and scholars have taken a range of approaches. Oddly, one place that commentators have not looked for guidance on how to handle the issue of law enforcement allocation is within the states themselves. …

Falling Through The Crack: How Courts Have Struggled To Apply The Crack Amendment To Nominal Career And Plea Bargain Defendants, Maxwell Arlie Halpern Kosman

Michigan Law Review

Under the Federal Rules of Criminal Procedure, a defendant is normally obligated to attend all of the proceedings against her. However Rule 43(b)(2) carves out an exception for organizational defendants, stating that they "need not be present" if represented by an attorney. But on its face, the language of 43(b)(2) is ambiguous: is it the defendant or the judge who has the discretion to decide whether the defendant appears? That is, may a judge compel the presence of an organizational defendant? This Note addresses the ambiguity in the context of the plea colloquy, considering the text of several of the …

Coercion's Common Threads: Addressing Vagueness In The Federal Criminal Prohibitions On Torture By Looking To State Domestic Violence Laws, Sarah H. St. Vincent

Michigan Law Review

Under international law, the United States is obligated to criminalize acts of torture and cruel, inhuman, or degrading treatment. However, the federal criminal torture laws employ several terms whose meanings are so indeterminate that they inhibit the statutes' effectiveness and fail to provide adequate guidance regarding precisely which forms of mistreatment may result in prosecution. These ambiguous terms have given rise to serious and prolonged controversies within the executive branch regarding what torture is-controversies that confirm, and may further compound, the uncertainty of liability under the laws in question.

In order to solve this problem of vagueness and provide definitive …

Prosecuting The Informant Culture, Andrew E. Taslitz

Michigan Law Review

Alexandra Natapoff, in her outstanding new book, Snitching: Criminal Informants and the Erosion of American Justice, makes a compelling case for reform of the system by which we regulate police use of criminal informants. Indeed, as other writers have discussed, law enforcement's overreliance on such informants has led to a "snitching culture" in which informant snitching replaces other forms of law enforcement investigation (pp. 12, 31, 88-89). Yet snitches, especially jailhouse snitches, are notoriously unreliable.

Section 2259 Restitution Claims And Child Pornography Possession, Dina Mcleod

Michigan Law Review

In 2009, a child pornography victim brought a criminal restitution claim against a defendant who possessed images of her abuse. The statutory provision authorizing restitution, 18 U.S.C. § 2259, had never before been used to bring a claim against a defendant who had only possessed, rather than produced or distributed, child pornography ("child pornography possession defendants"). The federal courts have not developed a consistent approach to resolving Section 2259 claims involving such defendants. This Note argues that two conceptions of traditional proximate cause doctrine can provide a framework for analyzing such claims. It examines Section 2259 claims using both a …

Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Inherently Female Cases Of Child Abuse And Neglect: A Gender-Neutral Analysis, Suzanne D'Amico

Fordham Urban Law Journal

Tabitha Walrond was a young mother who was found guilty of criminally negligent homicide after her two-month-old son died from malnutrition. This Comment examines how the portrayal of Ms. Walrond by the defense and prosecution, and in the media reflects gender stereotypes in the criminal law and society. The Comment posits the notion that Ms. Walrond was portrayed as either a good or bad mother and once so labeled, the judge, jury and prosecution view her as such, while ignoring her specific situation. As a result, a defendant such as Ms. Walrond may be treated either too harshly or too …

From Sounds Bites To Sound Policy: Reclaiming The High Ground In Criminal Justice Policy-Making, Anthony C. Thompson

Fordham Urban Law Journal

In this article, the author contemplates the way the criminal justice system is portrayed in the media and suggests how the media's emphasis on "sound bites" - which makes it difficult to separate fact from hype - has had significant policy ramifications. The author makes a point of exploring the many ways that conceptions of crime are formed and influenced, as well as how the media has shaped legislation. In the author's opinion, in order to curb the excessive influence of most mainstream representations of the criminal justice system, there must be some mechanism for oversight of both the media …

Excluding Coerced Witness Testimony To Protect A Criminal Defendant's Right To Due Process Of Law And Adequately Deter Police Misconduct, Katherine Sheridan

Fordham Urban Law Journal

This Note argues that the Due Process Clause must protect criminal defendants from the admission of an involuntary statement made by a witness. Part I discusses the history of the use of involuntary statements, specifically the justifications for the exclusion of coerced confessions. Part II examines how various courts have addressed the issue and have come to different conclusions. Part III explains why involuntary witness statements should be excluded under the Due Process Clause in criminal trials.

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres

Michigan Journal of International Law

In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …

Imperfect Remedies: The Arsenal Of Criminal Statutes Available To Prosecute International Adoption Fraud In The United States, Katie Rasor, Richard M. Rothblatt, Elizabeth A. Russo, Julie A. Turner

NYLS Law Review

No abstract provided.

In Re Steven J. Lever, Stephanie A. Ackerman

NYLS Law Review

No abstract provided.

The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo

NYLS Law Review

No abstract provided.

Therapeutic Jurisprudence And Family-Friendly Criminal Law Practice, David B. Wexler

Barry Law Review

No abstract provided.