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Criminal Law

1996

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Articles 1 - 30 of 253

Full-Text Articles in Law

Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin Oct 2013

Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.


The Responsible Corporate Officer, Criminal Liability, And Mens Rea: Limitations On The Rco Doctrine , Cynthia H. Finn Dec 1996

The Responsible Corporate Officer, Criminal Liability, And Mens Rea: Limitations On The Rco Doctrine , Cynthia H. Finn

American University Law Review

No abstract provided.


Sacrificed Sovereignty?: Dutch Soft Drug Policy In The Spectre Of Europe Without Borders, Eric Thomas Berkman Dec 1996

Sacrificed Sovereignty?: Dutch Soft Drug Policy In The Spectre Of Europe Without Borders, Eric Thomas Berkman

Boston College International and Comparative Law Review

No abstract provided.


Criminal Law And Procedure: A Two-Year Survey, James P. Fleissner Dec 1996

Criminal Law And Procedure: A Two-Year Survey, James P. Fleissner

Mercer Law Review

During the two-year survey period, the Georgia Court of Appeals and the Georgia Supreme Court issued well over a thousand published opinions addressing issues of criminal law and procedure.' The primary purpose of this Article is to summarize judicial decisions constituting noteworthy developments in the law. Given the scope of survey, the constraint of limited space imposed difficult choices concerning what to include. As in past years, this survey will focus on highlights, such as cases of first impression and cases presenting close or controversial issues. The Author hopes this Article will provide useful information for busy practitioners seeking to …


Courts, Political Violence, And Problems With Witness Testimony, Ibpp Editor Nov 1996

Courts, Political Violence, And Problems With Witness Testimony, Ibpp Editor

International Bulletin of Political Psychology

The editor discusses the concept of witness testimony from a legal and psychological perspective.


"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson Nov 1996

"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson

BYU Law Review

No abstract provided.


Section 7: Criminal Law, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1996

Section 7: Criminal Law, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello Oct 1996

Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello

American University Law Review

No abstract provided.


Bargaining About Future Jeopardy, Daniel C. Richman Oct 1996

Bargaining About Future Jeopardy, Daniel C. Richman

Vanderbilt Law Review

The debate about how much protection criminal defendants should have against successive prosecutions has generally been conducted in the context of how to interpret the Double Jeopardy Clause. The doctrinal focus of this debate ignores the fact that for the huge majority of defendants-those who plead guilty instead of standing trial-the Double Jeopardy Clause sin- ply sets a default rule, establishing a minimum level of protection when defendants choose not to bargain about the possibility of future charges. In this Article, Professor Richman examines the world that exists in the shadow of minimalist double jeopardy doctrine, exploring the dynamics of …


What Should The Courts Do About Memories Of Sexual Abuse? Toward A Balanced Approach, Cynthia Grant Bowman, Elizabeth Mertz Oct 1996

What Should The Courts Do About Memories Of Sexual Abuse? Toward A Balanced Approach, Cynthia Grant Bowman, Elizabeth Mertz

Cornell Law Faculty Publications

No abstract provided.


Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams Oct 1996

Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams

Faculty Publications

This Securities Symposium provides an opportunity to evaluate civil RICO's place in American law at the end of the private remedy's first quarter-century. In its essence, civil RICO is the unfortunate product of crime legislation hastily enacted in the heat of a national political campaign. Rushing toward adjournment, Congress enacted RICO on October 12, 1970 as Title IX of the omnibus Organized Crime Control Act (OCCA). President Nixon signed the OCCA on October 15. Less than three weeks later, Americans preoccupied with crime went to the polls in off-year congressional elections after a shrill campaign dominated by ‘law and order‘ …


Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone Oct 1996

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.


The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola Oct 1996

The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola

Indiana Journal of Global Legal Studies

No abstract provided.


The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding Oct 1996

The Gallows To The Gurney: Analyzing The (Un)Constitutionality Of The Methods Of Execution, Roberta M. Harding

Law Faculty Scholarly Articles

The objective of this article is to examine this issue by formulating an analytical framework for determining when methods of execution constitute cruel and unusual punishment. This task is accomplished Part II by briefly tracing the historical evolution of the Eighth Amendment's Cruel and Unusual Punishments Clause. Part III examines the prohibition's core components. Part IV reviews the traditional and modem interpretations of cruel and unusual punishment as applied to the methods of capital punishment, and assesses the standard with which to determine whether a specific method of execution comports with the present interpretation of cruel and unusual punishment as …


Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle Oct 1996

Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle

Dalhousie Law Journal

In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.


Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler Sep 1996

Governments' Role In Turning Tricks: The World's Oldest Profession In The Netherlands And The United States, Jessica N. Drexler

Penn State International Law Review

No abstract provided.


Protection And Treatment: The Permissible Civil Detention Of Sexual Predators, John Kip Cornwell Sep 1996

Protection And Treatment: The Permissible Civil Detention Of Sexual Predators, John Kip Cornwell

Washington and Lee Law Review

No abstract provided.


3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Aug 1996

3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

It is hard to overstate the importance of expert testimony in American courtrooms. Much of this testimony concerns scientific matters that are beyond the ken of ordinary experience.  In cases where scientific matters play a central role, jurors may give substantial weight to expert testimony or even treat it as dispositive.  Standards pertaining to the admissibility of scientific testimony are critical to the outcome in many trials.


An Exploratory Inquiry Into Community Policing Using Focus Groups: Perspectives From Social Service Providers, Tanya Leigh Ostrogorsky Aug 1996

An Exploratory Inquiry Into Community Policing Using Focus Groups: Perspectives From Social Service Providers, Tanya Leigh Ostrogorsky

Dissertations and Theses

The purpose of this study was to evaluate Portland, Oregon's community policing policy by using focus groups to discuss the development and effectiveness over one year, Spring 1994 to Spring 1995. The group discussed included management level social service providers and was one piece of a large scale program evaluation. The collected data developed into six major categories: 1) personnel policies and institutional memory; 2) training; 3) consistency; 4) community involvement and responsibility; 5) partnerships or relationships, and 6) change over time. The most highly discussed issue was the discrepancy between the philosophy of the Bureau, community policing, and the …


Responses To The International Child Sex Tourism Trade, Eric Thomas Berkman Aug 1996

Responses To The International Child Sex Tourism Trade, Eric Thomas Berkman

Boston College International and Comparative Law Review

No abstract provided.


Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King Aug 1996

Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King

Michigan Law Review

This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …


The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker Aug 1996

The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker

Michigan Law Review

To make the case for the proposed changes, I will first describe briefly in Parts I and II the structure of pre- and post-Furman capital decisiorurtaking and the weaknesses of those approaches. I then will set forth in Part III the specific rationales for each proposed reform.

The scheme I propose raises a significant constitutional question. Can the death penalty be retained as a punishment if we abandon the pretense of providing meaningful guidance through detailed sentencing instructions? Would the reestablishment of relatively unstructured penalty phase deliberations similar to, but also importantly different from, those characteristic of pre-Furman …


1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon Jul 1996

1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon

Thomas D. Lyon

McGough's goal is to summarize the developmental psychological research relevant to children's capacities as witnesses and to make recommendations for how the courts should receive children's testimony. In her review, she concludes that children under the age of 12 are deficient: They encode less detail, they fantasize more, they confuse fantasy with reality, they incorporate script based knowledge into their memory, and they are suggestible, both because they acquiesce to authority and because their memory is susceptible to external influence.


3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon Jul 1996

3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).


Offenders In Juvenile Court, 1993, Us Department Of Justice Jul 1996

Offenders In Juvenile Court, 1993, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey Jul 1996

"As The Gentle Rain From Heaven": Mercy In Capital Sentencing, Stephen P. Garvey

Cornell Law Faculty Publications

Our constitutional law of capital sentencing does not understand Shakespeare's "gentle rain from heaven." Mercy confuses and befuddles it. The jury that sentenced Albert Brown to death was instructed that "'mere ... sympathy"' should not play on its judgment. Brown claimed this instruction violated his Eighth Amendment rights, but the Supreme Court disagreed. Some five years later, Justice Scalia dissented when the Court reversed Derrick Morgan's death sentence. According to Justice Scalia, the Court had held that no "merciless" juror could sit in judgment of a capital defendant. The Constitution, he thought, demanded no such thing. These dissents, one embracing …


The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson Jul 1996

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Of Outlaws And Offloads: A Case For Derivative Entrapment, John E. Nilson Jul 1996

Of Outlaws And Offloads: A Case For Derivative Entrapment, John E. Nilson

Boston College Law Review

No abstract provided.


Civil Forfeiture And The Status Of Innocent Owners After Bennis V Michigan, Taline Festekjian Jul 1996

Civil Forfeiture And The Status Of Innocent Owners After Bennis V Michigan, Taline Festekjian

Boston College Law Review

No abstract provided.


The Standard Of Review For The Voluntariness Of A Confession On Direct Appeal In Federal Court, Peter B. Rutledge Jul 1996

The Standard Of Review For The Voluntariness Of A Confession On Direct Appeal In Federal Court, Peter B. Rutledge

Scholarly Works

Section I of this Comment reviews the Supreme Court's jurisprudence on confessions, provides a close reading of Miller v. Finton, 474 U.S. 104 (1985), and reviews the division among the federal circuits over the standard of review for voluntariness determinations on direct appeal. Section II analyzes the literature on standards of review and focuses on two vexing problems in this field-the application of law to fact (hereinafter "mixed questions") and the constitutional fact doctrine. These two issues frame the analysis of voluntariness determinations. Section III analyzes these determinations and defends the application of de novo review in cases on …