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Criminal Law

Journal

2013

Institution
Keyword
Publication

Articles 271 - 299 of 299

Full-Text Articles in Law

The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12 Jan 2013

The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12

NYLS Law Review

No abstract provided.

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Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston Jan 2013

Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston

Journal of Criminal Law and Criminology

This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psycho logical deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious …

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Compensation Statutes And Post-Exoneration Offending, Evan J. Mandery, Amy Shlosberg, Valerie West, Bennett Callaghan Jan 2013

Compensation Statutes And Post-Exoneration Offending, Evan J. Mandery, Amy Shlosberg, Valerie West, Bennett Callaghan

Journal of Criminal Law and Criminology

No abstract provided.

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Walking Firearms To Gunrunners: Atf’S Flawed Operation In A Flawed System, Michael Krantz Jan 2013

Walking Firearms To Gunrunners: Atf’S Flawed Operation In A Flawed System, Michael Krantz

Journal of Criminal Law and Criminology

No abstract provided.

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Order, Technology, And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker Jan 2013

Order, Technology, And The Constitutional Meanings Of Criminal Procedure, Thomas P. Crocker

Journal of Criminal Law and Criminology

No abstract provided.

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Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw Jan 2013

Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw

Journal of Criminal Law and Criminology

No abstract provided.

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Fighting Cybercrime After United States V. Jones, David Gray, Danielle Keats Citron, Liz Clark Rinehart Jan 2013

Fighting Cybercrime After United States V. Jones, David Gray, Danielle Keats Citron, Liz Clark Rinehart

Journal of Criminal Law and Criminology

No abstract provided.

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U.S. Supreme Court Decisions And Sex Offender Legislation: Evidence Of Evidence-Based Policy?, Christina Mancini, Daniel P. Mears Jan 2013

U.S. Supreme Court Decisions And Sex Offender Legislation: Evidence Of Evidence-Based Policy?, Christina Mancini, Daniel P. Mears

Journal of Criminal Law and Criminology

No abstract provided.

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Humiliation, Degradation, Penetration: What Legislatively Required Pre-Abortion Transvaginal Ultrasounds And Rape Have In Common, Kelsey Anne Green Jan 2013

Humiliation, Degradation, Penetration: What Legislatively Required Pre-Abortion Transvaginal Ultrasounds And Rape Have In Common, Kelsey Anne Green

Journal of Criminal Law and Criminology

No abstract provided.

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Looking For Love In All The Wrong Places: A Call To Reform State Law On Sex Trafficking, Kristian Bryant Rose Jan 2013

Looking For Love In All The Wrong Places: A Call To Reform State Law On Sex Trafficking, Kristian Bryant Rose

Oklahoma Law Review

No abstract provided.

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Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia Jan 2013

Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan Jan 2013

White Collar Overcriminalization: Deterrence, Plea Bargaining, And The Loss Of Innocence, Lucian E. Dervan

Kentucky Law Journal

No abstract provided.

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Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver Jan 2013

Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.

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The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright Jan 2013

The Future Of The Death Penalty In Kentucky And America, Stephen B. Bright

Kentucky Law Journal

No abstract provided.

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"Dearest Property": Digital Evidence And The History Of Private "Papers" As Special Objects Of Search And Seizure, Donald A. Dripps Jan 2013

"Dearest Property": Digital Evidence And The History Of Private "Papers" As Special Objects Of Search And Seizure, Donald A. Dripps

Journal of Criminal Law and Criminology

No abstract provided.

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When Innocent Defendants Falsely Confess: Analyzing The Ramifications Of Entering Alford Pleas In The Context Of The Burgeoning Innocence Movement, Sydney Schneider Jan 2013

When Innocent Defendants Falsely Confess: Analyzing The Ramifications Of Entering Alford Pleas In The Context Of The Burgeoning Innocence Movement, Sydney Schneider

Journal of Criminal Law and Criminology

No abstract provided.

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Disparities In Postconviction Remedies For Those Who Plead Guilty And Those Convicted At Trial: A Survey Of State Statutes And Recommendations For Reform, Rebecca Stephens Jan 2013

Disparities In Postconviction Remedies For Those Who Plead Guilty And Those Convicted At Trial: A Survey Of State Statutes And Recommendations For Reform, Rebecca Stephens

Journal of Criminal Law and Criminology

No abstract provided.

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Child Pornography And The Restitution Revolution, Cortney E. Lollar Jan 2013

Child Pornography And The Restitution Revolution, Cortney E. Lollar

Journal of Criminal Law and Criminology

No abstract provided.

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Structural Overdelegation In Criminal Procedure, Anthony O’Rourke Jan 2013

Structural Overdelegation In Criminal Procedure, Anthony O’Rourke

Journal of Criminal Law and Criminology

No abstract provided.

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Leveraging Death, Sherod Thaxton Jan 2013

Leveraging Death, Sherod Thaxton

Journal of Criminal Law and Criminology

No abstract provided.

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Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosiac Approach, Stephen E. Henderson Jan 2013

Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosiac Approach, Stephen E. Henderson

Journal of Criminal Law and Criminology

No abstract provided.

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Cybersurveillance Without Restraint? The Meaning And Social Value Of The Probable Cause And Reasonable Suspicion Standards In Governmental Access To Third-Party Electronic Records, Andrew E. Taslitz Jan 2013

Cybersurveillance Without Restraint? The Meaning And Social Value Of The Probable Cause And Reasonable Suspicion Standards In Governmental Access To Third-Party Electronic Records, Andrew E. Taslitz

Journal of Criminal Law and Criminology

No abstract provided.

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Adventures On The Autobahn And Infobahn: United States V. Jones, Mandatory Data Retention, And A More Reasonable “Reasonable Expectation Of Privacy”, John A. Stratford Jan 2013

Adventures On The Autobahn And Infobahn: United States V. Jones, Mandatory Data Retention, And A More Reasonable “Reasonable Expectation Of Privacy”, John A. Stratford

Journal of Criminal Law and Criminology

No abstract provided.

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Rethinking The Use Of Community Supervision, Cecelia Klingele Jan 2013

Rethinking The Use Of Community Supervision, Cecelia Klingele

Journal of Criminal Law and Criminology

No abstract provided.

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Differences In Punitiveness Across Three Cultures: A Test Of American Exceptionalism In Justice Attitudes, Matthew B. Kugler, Friederike Funk, Judith Braun, Mario Gollwitzer, Aaron C. Kay, John M. Darley Jan 2013

Differences In Punitiveness Across Three Cultures: A Test Of American Exceptionalism In Justice Attitudes, Matthew B. Kugler, Friederike Funk, Judith Braun, Mario Gollwitzer, Aaron C. Kay, John M. Darley

Journal of Criminal Law and Criminology

No abstract provided.

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The Iron Curtain: Alabama's Practice Of Excluding Inmates From Parole Release Hearings And Its Flawed Underpinnings, Erin Lange Ramamurthy Jan 2013

The Iron Curtain: Alabama's Practice Of Excluding Inmates From Parole Release Hearings And Its Flawed Underpinnings, Erin Lange Ramamurthy

Journal of Criminal Law and Criminology

No abstract provided.

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Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich Jan 2013

Certainty In A World Of Uncertainty: Proposing Statutory Guidance In Sentencing Juveniles To Life Without Parole., Sonia Mardarewich

The Scholar: St. Mary's Law Review on Race and Social Justice

In Miller v. Alabama, the United States Supreme Court held that mandatory life sentences without parole imposed upon juveniles was unconstitutional. The Court reasoned that the sentence was cruel and unusual punishment in violation of the Eighth Amendment. The Court, however, did not hold it was unconstitutional to sentence a juvenile to life without parole if there was “transferred intent” or “reckless disregard.” Nonetheless, the Court effectively abolished state discretion and required sentencing courts to consider an offender’s youth and attendant characteristics as mitigating circumstances. The Court, however, did not specify what sentencing guidelines should dictate. Thus, states are now …

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Death Eligibility In Colorado: Many Are Called, Few Are Chosen, Justin Marceau, Sam Kamin, Wanda Foglia Jan 2013

Death Eligibility In Colorado: Many Are Called, Few Are Chosen, Justin Marceau, Sam Kamin, Wanda Foglia

University of Colorado Law Review

This Article reports the conclusions of an empirical study of every murder conviction in Colorado between January 1, 1999 and December 31, 2010. Our goal was to determine: (1) what percentage of first-degree murderers in Colorado were eligible for the death penalty; and (2) how often the death penalty was sought against these killers. More importantly, our broader purpose was to determine whether Colorado's statutory aggravating factors meaningfully narrow the class of death-eligible offenders as required by the Constitution. We discovered that while the death penalty was an option in over 90% of all first-degree murders, it was sought by …

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Jury Instructions As Constitutional Education, Andrew Guthrie Ferguson Jan 2013

Jury Instructions As Constitutional Education, Andrew Guthrie Ferguson

University of Colorado Law Review

Juries are central to the constitutional structure of America. This Article articulates a theory of the jury as a "constitutional teaching moment," establishing a historical and theoretical basis for reclaiming the educative value of jury service. This Article addresses the fundamental question of why, despite an unquestioned acceptance of a constitutional role of the jury, our criminal justice system does not explain this role to jurors on jury duty. This Article seeks to answer the question of how we can educate jurors about the jury's constitutional role, while at the same time exploring the larger theoretical concerns with using the …

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