Law Commons^™

Nij Initiative On Less-Than-Lethal Weapons, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Defending The Poor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.

The Movement Toward Statute-Based Conspiracy Law In The United Kingdom And The United States, Kenneth A. David

Vanderbilt Journal of Transnational Law

A single criminal charge of conspiracy, because it simultaneously involves an inchoate as well as a substantive offense, is characterized by a duality that for years has created confusion and uncertainty as to the proper prosecution and punishment for the crime. The author of this Note places responsibility for this confusion primarily on the judges whose rulings have produced a highly incoherent body of common law and secondarily on the complacent legislatures that have allowed judicial interpretation to shape conspiracy law in a haphazard manner.

The Note compares the approaches to conspiracy law taken by the United Kingdom and the …

The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid

Michigan Law Review

The sexual innocence inference refers to the thought process a jury follows when it hears a young child testify about sexual acts and matters that reveal an understanding of such acts beyond the capacity likely at his or her age. A jury is likely to assume that because the child is so young, he or she must be innocent of sexual matters. Shocked by the child's display on the witness stand, the jury may then infer that the child could have acquired such knowledge only if the charged offense of child molestation is true. To rebut this inference, a defendant …

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 1/11/1993, Wendy J. Gordon

Scholarship Chronologically

Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-10-1993, Wendy J. Gordon

Scholarship Chronologically

The doctrine of double effect (DDE) and my suggested correlative, the doctrine of single effect (DSE), suggest that no significance should be given to either the lawful nature of the threat or the potentially beneficial side-effects of blackmail. Under DSE, the blackmailer violates deontological constraints if he threatens disclosure in an intent to obtain money or other advantage because, inter alia, were he to have alternative threats available he would threaten anyway. The nature of the threat is outside the intent of the blackmailer in the same way the killing of civilians is outside the intent of the strategic bomber. …

Truth And Consequences - Draft - 01-07-1993, Wendy J. Gordon

Scholarship Chronologically

Rather, he seeks to extract something from the victim that is properly the victim's, usually money, or to make the victim do something (e.g., sleep with him) that is ordinarily a behavior that the victim is at liberty not to engage in. The missing "rights" that Murphy seeks are therefore present and fairly uncontroversial: the rights not to have one's goods intentionally taken, or have one's liberty intentionally infringed, without justification. It is irrelevant whether or not it would be proper for the blackmailer to disclose the information, and thus destroy something the victim may value at a price even …

Truth And Consequences: The Force Of Blackmail's Central Case - Draft - 01-04-1993, Wendy J. Gordon

Scholarship Chronologically

Blackmail commentary continues to multiply. The purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of the blackmail literature, and to supply the connecting links that will allow us to see how the various theories converge where central-case blackmail is involved. Among other things, I will show how the deontological and consequentialist (economic) approaches converge in condemning central-case blackmail, and I will defend the criminalization of such blackmail.

Truth And Consequences: The Force Of Blackmail - Outline - 01-02-1993, Wendy J. Gordon

Scholarship Chronologically

This paper: To show what we agree on by explication of the deontologic justification for blackmail prohibitions. In the process· to make the deontologic nature of bmail clearer; to show how the deont & consequentialist approaches agree on the central case; to defend the criminaliz of the central case in liberal (non-libertarian) terms; to provide some tentative observations on the non-central cases

Federal Court Reform Should Start At The Top, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Extending The Guiding Lefthand Of Counsel: The Minnesota Supreme Court Provides Protection Against Uncounseled Waivers Of The Right To Counsel During Interrogations, Edwin J. Butterfoss, Lisa J. Burkett

Faculty Scholarship

It is the thesis of this Article that the cases on which the Minnesota Supreme Court in Lefthand relied and the policy concerns that motivated the court suggest that the rule of Lefthand should apply to any suspect who has asserted her right to counsel, regardless of whether that suspect is in custody, formally charged, or formally represented by counsel. If the court's ruling in Lefthand is carried to its logical scope, law enforcement officers and prosecutors in Minnesota may find that very early in the criminal justice process they are precluded from obtaining waivers of the right to counsel …

Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Investigative Interviews Of Children: Should They Be Videotaped, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.

Does Culpability Matter?: Statutory Construction Under 42 U.S.C. § 6928, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller

Michigan Journal of International Law

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …

Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum

Michigan Journal of International Law

Does concerted action taken by the U.N. Security Council against Libya bolster the international extradition process? Or do these resolutions represent little more than a new coat of legal paint on the same old political problems? This article seeks to answer these questions through an analysis of the nature of terrorism, the customary bases for jurisdiction and extradition, and the validity of Libya's refusal to surrender the Lockerbie suspects.

Masters Of Paradise: Organized Crime And The Internal Revenue Service In The Bahamas, Mary Lorenz Dietz

Michigan Journal of International Law

Review of the book by Alan A. Block

Testing The Limits Of Investigating And Prosecuting White Collar Crime: How Far Will The Courts Allow Prosecutors To Go?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Victims' "Rights" Or A Fair Trial Wronged?, Christopher R. Goddu

Buffalo Law Review

No abstract provided.

Junk Science: The Criminal Cases, Paul C. Giannelli

Journal of Criminal Law and Criminology

No abstract provided.

Novel Scientific Evidence In Criminal Cases: Some Words Of Caution, Andre A. Moenssens

Journal of Criminal Law and Criminology

No abstract provided.

Let Sleeping Memories Lie--Words Of Caution About Tolling The Statute Of Limitations In Cases Of Memory Repression, Gary M. Ernsdorff, Elizabeth F. Loftus

Journal of Criminal Law and Criminology

No abstract provided.

Have You No Sense Of Decency, Peter J. Neufeld

Journal of Criminal Law and Criminology

No abstract provided.

Can Your Eyes Be Used Against You--The Use Of The Horizontal Gaze Nystagmus Test In The Courtroom, Stephanie E. Busloff

Journal of Criminal Law and Criminology

No abstract provided.

Ignorance Is Bliss, Especially For The Tax Evader, Mark C. Winings

Journal of Criminal Law and Criminology

No abstract provided.

Radicalism In Law And Criminology: A Retrospective View Of Critical Legal Studies And Radical Criminology, Albert P. Cardarelli, Stephen C. Hicks

Journal of Criminal Law and Criminology

No abstract provided.

A Contemporary Look At The Effects Of Rape Law Reform: How Far Have We Really Come, Ronet Bachman, Raymond Paternoster

Journal of Criminal Law and Criminology

No abstract provided.

The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur

Faculty Articles

In this article, we focus on the interaction of Anglo-American criminal law and Protestant theological doctrine. We argue (1) that the sixteenth-century Protestant theological doctrine of the uses of moral law provided a critical analogue, if not antecedent to the classic Anglo-American doctrine of the purposes of criminal law and punishment; and (2) that this theological doctrine provides important signposts to the development of a more integrated moral theory of criminal law and punishment in late twentieth century America.

Part One of this Article sets out the theological doctrine of the "civil," "theological," and "educational" uses of the moral law, …

Federal Recent Developments

American Indian Law Review

No abstract provided.