Law Commons^™

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

American University Law Review

No abstract provided.

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

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

BYU Law Review

No abstract provided.

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

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 …

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.

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

Penn State International Law Review

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

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 …

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 …

Strict Criminal Liability For Environmental Violations: A Need For Judicial Restraint, Kepten D. Carmichael

Indiana Law Journal

No abstract provided.

Spousal Incompetency And The Charter, Hamish Stewart

Osgoode Hall Law Journal

This article considers the effect of the Canadian Charter of Rights and Freedoms on the rule of spousal incompetency in criminal proceedings. The rule is arguably under-inclusive, in that it is not available to protect opposite-sex couples who are not legally married or same-sex couples; on the other hand, the rule is arguably offensive to the modem conception of marriage. The Charter arguments for each of these positions are considered, and it is submitted that the Charter requires the rule of spousal incompetency, whatever it is, to apply equally to legally married couples, to cohabitants, and to same-sex couples. A …

People V. Kevorkian: Michigan's Supreme Court Leads The Way In Declaring No Fundamental Right To Assist Another In Suicide, Terry Brantley

Mercer Law Review

In People v. Kevorkian, the Michigan Supreme Court addressed the constitutionality of Michigan's statute, 1992 Public Act 270, which imposed criminal penalties on a person who assists another in suicide. After the enactment of the statute, Dr. Jack Kevorkian allegedly assisted a terminally ill person in committing suicide. Charges were filed against Dr. Kevorkian in the Circuit Court of Wayne County alleging that Dr. Kevorkian violated the assisted suicide statute. Dr. Kevorkian moved to dismiss the charges In finding that the statute violated the United States Constitution, the circuit court held that a person has a due process right …

The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya

University of Michigan Journal of Law Reform

This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …

A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk

University of Michigan Journal of Law Reform

Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …

A Cloudy Prospectus: The Supreme Court's Problematic Reasoning In Gustafson V. Alloyd Co., Krista R. Bowen

Washington and Lee Law Review

No abstract provided.

Counting Your Employees For Purposes Of Title Vii: It's Not As Easy As One, Two, Three, David C. Butow

Washington and Lee Law Review

No abstract provided.

When Discretion Leads To Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under The Federal Sentencing Guidelines, Jeffrey L. Fisher

Michigan Law Review

This Note argues that sentence manipulation should be a legally viable partial defense - a defense that does not warrant complete exoneration, but does warrant a reduced sentence when the government's investigative techniques place a quantity of drugs before the court that overrepresents the defendant's culpability, or individual blameworthiness. Part I describes the policies and objectives that underlie the Guidelines, but then demonstrates how the rigid application of quantity-based sentencing provisions can lead to sentence manipulation that thwarts these goals, particularly the goal of sentencing according to culpability. Part II describes how courts have responded to sentence manipulation claims. It …

Privacy Of Financial Information And Civil Rights Issues: The Implications For Investigating And Prosecuting International Economic Crime, Richard T. Preiss

Penn State International Law Review

No abstract provided.

The Impact Of Recent Money Laundering Legislation On Financial Intermediaries, Nicholas Clark

Penn State International Law Review

No abstract provided.

Money Laundering And Wire Transfers: When The New Regulations Take Effect Will They Help?, Fletcher N. Baldwin Jr.

Penn State International Law Review

No abstract provided.

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials

Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen

Michigan Law Review

A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868

With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan

Indiana Law Journal

No abstract provided.

The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii

West Virginia Law Review

No abstract provided.

State And Local Entities As Rico Enterprises: A Matter Of Perception, Ellen S. Podgor

West Virginia Law Review

No abstract provided.

Federalism, Federalization, And The Politics Of Crime, Gerald G. Ashdown

West Virginia Law Review

No abstract provided.

Crime And Punishment And Punishment: Civil Forfeiture, Double Jeopardy And The War On Drugs, David Osgood

Washington Law Review

Over the past several years, the Supreme Court taken a hard look at statutes that impose "quasi-criminal" sanctions such as "civil" punishment for criminal behavior. In several high profile cases, the Court has extended double jeopardy protection to defendants subjected to civil sanctions. By looking at the punitive intent behind "civil" sanctions, the Court has embroiled itself in the highly-charged debate surrounding civil drug forfeitures. This Comment examines the tension between the Court's emergent philosophy on double jeopardy and so-called "civil" sanctions, and its application in the Ninth Circuit case, United States v. $405,089.23, which the Court heard on …