Law Commons^™

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 …

Killing The Proverbial Two Birds With One Stone: Using Environmental Statutes And Nuisance To Combat The Crime Of Illegal Drug Trafficking, Omar Saleem

Journal Publications

No abstract provided.

The Tattered Net Of Mercy, Maurya Vijay Chandra

Maurya Vijay Chandra

Chotu narrated his tale. On the fateful day he had to go back to his home town and so he got his due salary (about Rs. 500/-) from his em­ ployer. Unfortunately he lost it. Though quite ri­ diculously, but perhaps out of his innocence he asked for the same amount from his employers, promising that he would work for them in return when he came back from home. As a sensible businessman. the employer refused. On the same evening Chotu tried to steal a piggy - bank from his employer's residence.

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.

Probation Officers Look At Plea Bargaining, And Do Not Like What They See, David Yellen

Articles

The Probation Officers Advisory Group's survey provides valuable insights into plea bargaining practices under the federal guidelines. Probation officers play a crucial role in guideline sentencing, and their views on the plea bargaining process are significant both because of their proximity to that process and the influence they wield with judges. The survey responses thus deserve attention and may spark lively debate within the Sentencing Commission and elsewhere. Depending on one's perspective, the picture that emerges is of plea bargaining either as a safety valve to mitigate the harshness and rigidity of the guidelines, or an unregulated process that threatens …

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

2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon

Thomas D. Lyon

Resistance To Equality, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

The law allows executioners to deny responsibility for what they have done by making it possible for them to believe they have not done it. The law treats members of capital sentencing juries quite differently. It seeks to ensure that they feel responsible for sentencing a defendant to death. This differential treatment rests on a presumed link between a capital sentencer's willingness to accept responsibility for the sentence she imposes and the accuracy and reliability of that sentence. Using interviews of 153 jurors who sat in South Carolina capital cases, this article examines empirically whether capital sentencing jurors assume responsibility …

To Tell The Truth: The Problem Of Prosecutorial "Manipulation" Of Sentencing Facts, Frank O. Bowman Iii

Faculty Publications

Frank O. Bowman, III*In January of this year, Francesca Bowman, Chair of Probation Officers Advisory Group, sent a letter to Judge Richard P. Conaboy, Chairman of the Sentencing Commission, summarizing the results of a survey sent to probation officers in eighty-five districts. It expresses the concern that, in the view of some probation officers, the government usually” is cooperative in supplying information to probation officers preparing presentence investigation reports, but that there appear to be exceptions when the government wants to protect a plea agreement.”

Curfew: An Answer To Juvenile Delinquency And Victimization?, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Hiv / Aids And Stds In Juvenile Facilities, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

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

Indiana Law Journal

No abstract provided.

A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii

Faculty Publications

My objective here is threefold: (1) to explain these ethical rules and demonstrate how each is in conflict with longstanding principles of federal criminal law; (2) to explain why these rules are illegitimate, both as rules of ethics and as rules of positive law; and (3) to offer some observations on how the dispute over these rules can sharpen our thinking about the nature and proper limits of ethical rules governing lawyers.

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 …

Abuse Of Judicial Review: The Unwarranted Demise Of The Sexually Violent Predators Statute By Young V. Weston, Nathaniel L. Taylor

Washington Law Review

In Young v. Weston, the U.S. District Court for the Western District of Washington struck down Washington's Sexually Violent Predators statute which allows involuntary commitment of persons classified as sexual predators. This Note analyzes the arguments that the court put forth when it determined that the statute was unconstitutional. This Note argues that the case was wrongly decided because the statute is a constitutionally sound exercise of the State's police power.

Introduction: Macro And Micro Evaluation Of The Federalization Of Crime, Gerald G. Ashdown

West Virginia Law Review

No abstract provided.

Lopez And The Federalization Of Criminal Law, Russell L. Weaver

West Virginia Law Review

No abstract provided.

Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively

West Virginia Law Review

No abstract provided.