Law Commons^™

Hate Violence In California - State And Federal Responses To Hate Violence, Senate Judiciary Committee

California Senate

No abstract provided.

Not Guilty By Reason Of Victimization, Susan Rutberg

Publications

As criminal defense lawyers we are privy to our clients' psycho-social histories in a way that others in the system are not. We have a responsibility to educate judges and juries about the relevance of traumatic events to the formationof specific intent, and to the significance of PTSD as a factor in mitigation at sentencing. We do much more for our clients if we can bring this information to light early on, as part of our representation of first-time offenders. While the PTSD defense has been employed almost exclusively in homicide cases, we must not hold this defense in reserve …

The New Policing: Confronting Complexity, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen

Articles

No abstract provided.

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle

Vanderbilt Journal of Transnational Law

Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …

Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan

Vanderbilt Law Review

Most individuals consider continued confinement to a residential detention facility and denial of access to phone, mail, and family visits to constitute involuntary detention. The majority of the federal courts of appeal do not agree, however, and will not grant sentence credit to a federal offender for time spent, as a condition of bond, in a "treatment center" or "halfway house."' These same courts, without exception, grant sentence credit to individuals who are remanded to these residen- tial facilities after conviction. This inequity violates the purpose of the Bail Reform Act of 1966 (the "Act"), which ensures even-handed and uniform …

Rico, Cce, And Other Complex Crimes: The Transformation Of American Criminal Law?, Susan W. Brenner

William & Mary Bill of Rights Journal

No abstract provided.

Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The justice system should be designed to prevent such a tragic error. Yet our interviews with jurors who served in South Carolina capital cases indicate that this nightmare is a reality.

Although our data are limited to South Carolina, the question whether jurors are adequately instructed in capital cases is of national concern. For example, the issue whether jurors should be more fully informed about the alternative to a death sentence has arisen in other states. And the question whether jurors understand the …

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

A Return To The "Bright Line Rule" Of Miranda, Paul Marcus

William & Mary Law Review

No abstract provided.

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

William & Mary Law Review

No abstract provided.

The Growing Use Of Jail Boot Camps: The Current State Of The Art, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi

Washington Law Review

In 1988, Congress added section 1346 to the federal mail and wire fraud statutes to overturn the Supreme Court decision of McNally v. United States and provide statutory protection of the "intangible right of honest services." This Comment analyzes the extent to which section 1346 restores the protection of intangible rights as existed prior to McNally and concludes that most if not all of those intangible rights are again covered by the statutes. Further, this Comment recommends that the judiciary limit the application of the mail and wire fraud statutes in the private sector to cases involving a breach of …

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

Cornell Law Faculty Publications

The law of habeas corpus has changed again. This time it was the law of harmless error. Before Brecht v. Abrahamson, the courts applied the same harmless error rule on direct appeal and in federal habeas corpus. Under that rule, embraced for constitutional errors in Chapman v. California, a conviction tainted by a constitutional error susceptible to harmless error analysis could be upheld only if the state demonstrated that the error was harmless beyond a reasonable doubt. After Brecht, the venerable Chapman rule still applies to constitutional errors identified and reviewed on direct appeal, but an ostensibly "less …

Conjugal Homicide And Legal Violence: A Comparative Analysis, Alison Young

Osgoode Hall Law Journal

This article examines the defences in English and Canadian criminal law available to battered women who kill their abusers. The article sets out in detail the formation and evolution of the doctrinal interpretation, in English law, of the defences of provocation, diminished responsibility, and self-defence. Current case law is examined, including the recent cases of Thornton and Ahluwalia. The objective of the essay is to provide a critical context, namely the legal construction of the phenomenon of conjugal violence, in which we can see the current elaboration of these defences. The Canadian position is investigated, by means of a thorough …

Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Michigan Law Review

In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

Law Faculty Scholarly Articles

This Essay recounts the Author’s experiences with an American Bar Association program called the Central and East European Law Initiative (CEELI). The Author traveled in Eastern Europe and focused on white collar crime issues in Poland. The Author was exposed to Eastern Europe's conversion to democracy and a market economy and the role of white collar crime in this conversion. Poland is drafting white collar crime statutes from scratch. There is also the opportunity that Poland’s effort can help us examine our attitudes toward white collar crime.

Tightening The Net Of Florida's Rico Act, Jennifer Daley

Florida State University Law Review

No abstract provided.

Brief Of Amici Curiae Of Ohio Right To Life Society, Inc., Cleveland Lawyers For Life, Inc., Physicians For Life, Inc. In Support Of Respondents, National Organization For Women V. Scheidler, 114 S. Ct. 798 (1993), David F. Forte

Law Faculty Briefs and Court Documents

(In this action, petitioner health care clinics alleged, among other things, that respondents, a coalition of antiabortion groups called the Pro-Life Action Network (PLAN) and others, were members of a nationwide conspiracy to shut down abortion clinics through a pattern of racketeering activity -- including extortion under the Hobbs Act -- in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) chapter of the Organized Crime Control Act of 1970, 18 U.S.C. §§ 1961-1968.)

Amici contend that the ordinary canons of statutory interpretation support the Seventh Circuit's conclusion below that the Racketeer Influenced and Corrupt Organizations ("RICO") chapter of …

Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander

University of Miami Law Review

No abstract provided.

Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon

BYU Law Review

No abstract provided.

Toward The Paperless Police Department: The Use Of Laptop Computers, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse

Washington and Lee Law Review

No abstract provided.

Improving The Investigation Of Violent Crime: The Homicide Investigation And Tracking System, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to analyze …

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon

Thomas D. Lyon

Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen

Articles

No abstract provided.