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Articles 211 - 240 of 268
Full-Text Articles in Law
Slipping Through The Cracks And Into Schools: The Need For A Uniform Sexual Predator Tracking System, Cheryl Page
Slipping Through The Cracks And Into Schools: The Need For A Uniform Sexual Predator Tracking System, Cheryl Page
Journal Publications
Over half a million registered sex offenders currently live in the United States. Sex offenses are among the most devastating crimes because of the long-lasting emotional, physical, and psychological effects it has on victims. Sadly, most victims of sex offenses are innocent children. "Most sex offenders are not in prison, and ... are largely unknown to people in the community." Sex offenders also have a propensity for reoffending their crimes. "While community supervision and oversight is widely recognized as essential, the system for providing such supervision is overwhelmed." There are many loopholes in the current system that allow sex offenders …
Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester
Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester
Journal Publications
The threat of terrorist attacks by al Qaeda and other transnational terrorist organizations is a constant topic of public discourse in the United States. Despite its prominence, the nature of that threat is notoriously difficult to define. On the one hand, terrorists might be compared to other kinds of organized, dangerous criminals who should be prosecuted and punished using the federal criminal law. On the other hand, terrorists might be compared to enemy soldiers engaged in warfare against the United States. There are problems with either approach, however, because the threat posed by al Qaeda and other transnational terrorist organizations …
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Articles by Maurer Faculty
In the aftermath of the Oklahoma City bombing, processes of reconstruction - remembering victims, caring for family members and survivors, and punishing the perpetrators - began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships - between family members and …
Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy W. Waters
Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
Humanitarian Assistance And The Private Security Debate: An International Humanitarian Law Perspective, Benjamin Perrin
Humanitarian Assistance And The Private Security Debate: An International Humanitarian Law Perspective, Benjamin Perrin
All Faculty Publications
The changing nature of armed conflict has had a dramatic impact on the security risks facing humanitarian personnel. Historically, the safety of humanitarian aid delivery was secured through the consent of the relevant Parties to the conflict. However, non-international ethnically-motivated armed conflicts, failed and failing states, and insurgency-based warfare have fundamentally challenged the viability of this traditional security paradigm. In confronting today's complex security climate, humanitarian organizations are faced with a diverse menu of alternatives to enhance their security. The debate over armed protection that has sharply divided the humanitarian community is explored in this paper, including a critique of …
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant
All Faculty Publications
In this paper, the author examines the trend toward the increased criminalization and punishment of persons with HIV who fail to inform their sexual partners of their HIV-positive status. Since the Supreme Court of Canada's decision in R. v. Cuerrier, such behaviour may constitute aggravated assault or aggravated sexual assault, the latter offence carrying a maximum sentence of life imprisonment. The paper surveys the Canadian case law and highlights the trend towards the imposition of increasingly harsh sentences. After reviewing public-health and criminal law options for dealing with non-disclosure of one's HIV status, the author concludes that criminal law should …
Duress, Demanding Heroism And Proportionality: The Erdemovic Case And Beyond, Luis E. Chiesa
Duress, Demanding Heroism And Proportionality: The Erdemovic Case And Beyond, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
This Article discusses the Erdemovic case in order toexamine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion. After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as a …
Child Pornography's Forgotten Victims, Audrey Rogers
Child Pornography's Forgotten Victims, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
The goal of this paper is to demonstrate that possession of child pornography is not a victimless crime. It will illustrate the problem and explain the harm suffered by its victims. It will then trace factors that may have contributed to the perception that possession of child pornography is a victimless offense. The first factor is the dual nature of the child pornography laws that addresses both actual and future harm. When this duality is applied to possessors, their link to actual harm appears attenuated because the possessor is not involved in the acts of sexual abuse inherent in producing …
The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa
The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
As the contributions to this two-part special issue demonstrate, Spanish and Latin American criminal theory has attained a remarkable degree of sophistication. Regrettably, Anglo-American scholars have had limited access to this rich body of literature. With this volume, the New Criminal Law Review has taken a very important first step toward rectifying this situation.
Although the articles written for this special issue cover a vast range of subjects, they can be divided into four main categories: (i) the legitimacy of the criminal sanction, (2) the punishability of omissions, (3) the challenges that international criminal law and the fight against terrorism …
Book Review. Governing Through Crime: How The War On Crime Transformed American Democracy And Created A Culture Of Fear By Jonathan Simon, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Crime, Legitimacy, And Testilying, Bennett Capers
Crime, Legitimacy, And Testilying, Bennett Capers
Faculty Scholarship
No abstract provided.
In Memoriam: Francis A. Allen, Yale Kamisar
In Memoriam: Francis A. Allen, Yale Kamisar
Articles
Francis A. Allen graced the law faculties of five universities in the course of a remarkable, forty-six-year teaching career. In that time, he established himself as one of the half-dozen greatest twentieth century American scholars of criminal law and criminal procedure.
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Journal Articles
This article examines the implications of the Michael Vick case for the criminal law in general and for the law of victimhood in particular. It takes as its point of departure the NFL star's agreement to pay close to one million dollars to the various entities that assumed custody of the pit bulls in order to "make restitution for the full amount of the costs associated with the disposition of all dogs" that were involved in his illegal operation. According to the agreement, the authority to order such payments stems from 18 U.S.C. ý 3663, which allows for the issuance …
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
Office for Policy Studies on Violence Against Women Publications
Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …
International Criminal Law, Dermot Groome, Donald E. Shaver
International Criminal Law, Dermot Groome, Donald E. Shaver
Faculty Scholarly Works
No abstract provided.
The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii
The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii
Scholarly Works
This Article offers a critique of Nevada's Harnisch cases and calls for the Nevada Supreme Court to reconsider its ruling. The authors begin by examining the historical development of the automobile exception, beginning with Carroll v. United States. There the Supreme Court reasoned that both probable cause and the exigency of the mobility of automobiles justified a search without a warrant. But almost seventy-five years later, in Maryland v. Dyson, the Court clarified its conclusion that the automobile exception has no separate exigency requirement. In turn, the authors will then examine Nevada's application of the automobile exception prior to 1998's …
A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya
A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya
Scholarly Works
This policy brief is intended to serve as a resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country.
Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell Christopher
Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse
In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse
Scholarly Works
The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …
Experts, Mental States, And Acts, Christopher Slobogin
Experts, Mental States, And Acts, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article, written for a symposium on "Guilt v. Guiltiness: Are the Right Rules for Trying Factual Innocence Inevitably the Wrong Rules for Trying Culpability?," argues that the definition of expertise in the criminal justice system, derived in the federal courts and in most states from Daubert v. Merrell Dow Pharmaceuticals Co., should vary depending on whether the issue involved is past mental state or past conduct. While expert psychological testimony about past acts ought to be based on scientifically verifiable assertions, expert psychological testimony about subjective mental states relevant to criminal responsibility need not meet the same threshold. This …
Beyond Intention, Kimberly Kessler Ferzan
Beyond Intention, Kimberly Kessler Ferzan
All Faculty Scholarship
The conventional view is that a result is intended if it is motivationally significant - i.e., if it is why the person acted. However, inseparable effects cases place pressure on this conventional view for we intuitively reject the claim that, for instance, one can intend to decapitate without intending to kill. These cases therefore threaten an important border in both law and morality - the distinction between what we intend and what we foresee. In resolving the problem of inseparable effects, this article challenges the conventional view that intentions are co-extensive with motivational significance. Drawing on philosophy of mind literature, …
Self-Defense And The State, Kimberly Kessler Ferzan
Self-Defense And The State, Kimberly Kessler Ferzan
All Faculty Scholarship
This article is a contribution to a symposium honoring Sandy Kadish. This article seeks to explore whether and to what extent our understanding of self-defense depends upon a citizen's relationship with the state. Part II begins by setting forth Professor Kadish's claim that self-defense is "a right to resist aggression" that is held by a citizen against the state. After contending that such an account is insufficient to justify self-defense, the remainder of the article seeks to explore the relationship between the state and self-defense. Part III argues that self-defense is a pre-political moral right, as opposed to a political …
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
All Faculty Scholarship
What relation do the various parts of a plan bear to the overall aim of the plan? In this essay we consider this question in the context of two very different problems in the criminal law. The first, known in the German criminal law literature as the Actio Libera in Causa, involves defendants who contrive to commit crimes under conditions that would normally afford them a justification or excuse. The question is whether such defendants should be allowed to claim the defense when the defense is itself either contrived or anticipated in advance. The second is what we call the …
Letting Guidelines Be Guidelines (And Judges Be Judges), Gerard E. Lynch
Letting Guidelines Be Guidelines (And Judges Be Judges), Gerard E. Lynch
Faculty Scholarship
In a prescient New York Times op-ed piece entitled "Let Guidelines be Guidelines," written in response to the Supreme Court's decision in Blakely v. Washington, before certiorari was granted in United States v. Booker, Bill Stuntz of Harvard and Kate Stith Cabranes of Yale urged that the best solution for the constitutional crisis facing the United States Sentencing Guidelines would be to treat the Guidelines as guidelines, and not as a straightjacket. The Supreme Court evidently took a similar view, deciding in Booker that the Guidelines were constitutional only to the extent that they were not mandatory. The recent follow-up …
The Road Not Considered: Revising New Jersey's Death Penalty Statute, Robert Blecker
The Road Not Considered: Revising New Jersey's Death Penalty Statute, Robert Blecker
Articles & Chapters
No abstract provided.
Tryst Or Terrorists? Financial Institutions And The Search For Bad Guys, Richard K. Gordon
Tryst Or Terrorists? Financial Institutions And The Search For Bad Guys, Richard K. Gordon
Faculty Publications
Under international standards, financial institutions are required to freeze the accounts of customers identified by government as terrorists or the supporters of terrorism. Financial institutions are also required to monitor client transactions to determine if they suggest terrorism financing. However, financial institutions have been given little guidance as to when a pattern of transactions might suggest terrorism financing. By outsourcing the identification of such patters to financial institutions, governments have abdicated their responsibility and reduced the availability of financial services for clients who fit a popular but inaccurate profile of a terrorist.
The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin
The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin
Cornell Law Faculty Publications
No abstract provided.
Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Pretrial And Preventative Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Journal Articles
This article analyzes the grounds, procedures and conditions required by International Human Rights Law and International Humanitarian Law for pretrial detention of suspected terrorists for purposes of criminal law enforcement, and for their preventive detention for security and intelligence purposes. Recognizing the difficulties in securing sufficient admissible evidence to prosecute terrorists within the tight time limits imposed by international law, the Article nonetheless suggests that indefinite detention, solely or primarily for purposes of intelligence interrogation, is probably not lawful under U.S. or international law. Preventive detention for security purposes, on the other hand, is generally permitted by international law, provided …
Opinion Testimony: Lay, Expert, Or Something Else?, H. Patrick Furman
Opinion Testimony: Lay, Expert, Or Something Else?, H. Patrick Furman
Publications
This article discusses opinion testimony of lay witnesses and expert witnesses. It provides an overview of lay opinion testimony and discusses the dividing line between lay and opinion testimony.
Thoroughly Modern: Sir James Fitzjames Stephen On Criminal Responsibility, Stephen J. Morse
Thoroughly Modern: Sir James Fitzjames Stephen On Criminal Responsibility, Stephen J. Morse
All Faculty Scholarship
No abstract provided.