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Criminal Law

1998

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Articles 1 - 30 of 282

Full-Text Articles in Law

The Federalization Of Crime And Sentencing, Nora V. Demleitner Dec 1998

The Federalization Of Crime And Sentencing, Nora V. Demleitner

Scholarly Articles

Not available.


The Trafficking Of Women For Prostitution: A Growing Problem Within The European Union, Laurie Hauber Dec 1998

The Trafficking Of Women For Prostitution: A Growing Problem Within The European Union, Laurie Hauber

Boston College International and Comparative Law Review

No abstract provided.


Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice Dec 1998

Disproportionate Minority Confinement: Lessons Learned From Five States, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.


Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin Dec 1998

Batson: Then And Now, Part Ii, John H. Blume, Elizabeth Piliavin

Cornell Law Faculty Publications

No abstract provided.


Megan's Law And Its Progeny: Whom Will The Courts Protect?, Robert R. Hindman Dec 1998

Megan's Law And Its Progeny: Whom Will The Courts Protect?, Robert R. Hindman

Boston College Law Review

No abstract provided.


Prevalence, Incidence, And Consequences Of Violence Against Women: Findings From The National Violence Against Women Survey, Us Department Of Justice Nov 1998

Prevalence, Incidence, And Consequences Of Violence Against Women: Findings From The National Violence Against Women Survey, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Nov 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …


Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey Oct 1998

Aggravation And Mitigation In Capital Cases: What Do Jurors Think?, Stephen P. Garvey

Cornell Law Faculty Publications

The Capital Jury Project in South Carolina interviewed jurors who sat in forty-one capital murder cases. The Project asked jurors a range of questions relating to crime, the defendant, the victim, the victim's family, the jurors' deliberations, the conduct of counsel, and background characteristics of the jurors. In this essay, Professor Stephen P. Garvey presents and examines data from the Project relating to the importance jurors attach to various aggravating and mitigating factors. The results suggest that jurors have a discernible moral compass. According to the data, jurors found especially brutal killings, killings with child victims, future dangerousness, and lack …


Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin Oct 1998

Batson: Then And Now, Part I, John H. Blume, Elizabeth Piliavin

Cornell Law Faculty Publications

No abstract provided.


Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan Oct 1998

Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan

Scholarly Publications

The Eighth Amendment provides that “no cruel and unusual punishment shall be inflicted.” The Supreme Court has interpreted to this to mean a punishment cannot be “grossly disproportionate” to the crime. In this article, the author addresses whether an offender's age should play a role in assessing whether a sentence is “grossly disproportionate.” Specifically, the author addresses the increasingly common practice of imposing life without parole on offenders who are under sixteen years of age at the time they committed their offense, and whether such offenders’ youthful status should play a role in proportionality analysis. The article first provides an …


Law, Language, And Lenity, Lawrence M. Solan Oct 1998

Law, Language, And Lenity, Lawrence M. Solan

William & Mary Law Review

No abstract provided.


The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus Oct 1998

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Faculty Publications

No abstract provided.


Lawyering Up, Jack M. Beermann, Susan Bandes Oct 1998

Lawyering Up, Jack M. Beermann, Susan Bandes

Faculty Scholarship

The widespread dissemination of knowledge about the Miranda protections is often referred to as one of the most successful efforts ever made to educate the American public about its constitutional rights. Studies confirm that a high percentage of the public is aware of Miranda, largely due to television and other mass media. This article asks the question: if television is educating the public about its Miranda rights, what exactly is it teaching us? As fans of the cop show NYPD Blue (a show in which the interrogation and confession are often the dramatic focus) we use that show to explore …


Mend It Or End It? What To Do With The Independent Counsel Statute, Julian A. Cook Oct 1998

Mend It Or End It? What To Do With The Independent Counsel Statute, Julian A. Cook

Scholarly Works

The tenure of Independent Counsel Kenneth Starr has generated much debate among scholars, politicians, and the media in recent years regarding the efficacy of the independent counsel statute, which is scheduled to expire in June 1999. Enacted in response to the Watergate saga, and particularly the infamous “Saturday Night Massacre,” the independent counsel statute was designed to remove politics from the prosecution of executive branch officials and to foster public confidence in the prosecutorial process. Advocates claim that the statute, though flawed, is the best system available to address alleged criminal wrongdoing by high-ranking executive branch officials, as well as …


Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1998

Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1998

Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


A How-To Guide To Sentence Review, Jeffrey T. Renz Sep 1998

A How-To Guide To Sentence Review, Jeffrey T. Renz

Faculty Journal Articles & Other Writings

In this article, the author discusses the de-funding of the Montana Defender Project, under which most indigent defendant sentence review work was previously conducted and which now falls on the shoulders of public defenders. The article offers forth procedures and principles used by former Defender Project interns as a guide for those who have little or no experience in indigent defendant sentencing review.


Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer Sep 1998

Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer

Buffalo Public Interest Law Journal

No abstract provided.


Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith Sep 1998

Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith

Buffalo Public Interest Law Journal

No abstract provided.


Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson Sep 1998

Post-Mccleskey Racial Discrimination Claims In Capital Cases, John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

In federal habeas corpus proceedings, Earl Matthews, an African American, South Carolina death row inmate, alleged that his death sentence was the result of invidious racial discrimination that violated the Equal Protection Clause of the Fourteenth Amendment. To support his contention, Matthews presented statistical evidence showing that in Charleston County, where a jury convicted him and sentenced him to death, the prosecutor was far more likely to seek a death sentence for a Black defendant accused of killing a white person than for any other racial combination of victims and defendants, and also that such a Black defendant was more …


But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells Sep 1998

But Was He Sorry? The Role Of Remorse In Capital Sentencing, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Cornell Law Faculty Publications

What role does remorse really play in capital sentencing? We divide this basic question in two. First, what makes jurors come to believe a defendant is remorseful? Second, does a belief in the defendant's remorse affect the jury's final judgment of life or death? Here we present a systematic, empirical analysis that tries to answer these questions.

What makes jurors think a defendant is remorseful? Among other things, we find that the more jurors think that the crime is coldblooded, calculated, and depraved and that the defendant is dangerous, the less likely they are to think the defendant is remorseful. …


Investigating And Trying A Homicide Case, Andrea Lyon Sep 1998

Investigating And Trying A Homicide Case, Andrea Lyon

Law Faculty Publications

No abstract provided.


Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey Sep 1998

Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey

Washington and Lee Law Review

No abstract provided.


Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey Sep 1998

Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey

West Virginia Law Review

No abstract provided.


Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford Sep 1998

Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford

BYU Law Review

No abstract provided.


What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg Aug 1998

What I Did On Sabbatical: Returning After 15 Years To My Old Haunts At The Hall Of Justice, Susan Rutberg

Publications

No abstract provided.


Federal Offenders Under Community Supervision, 1987-96, Us Department Of Justice Aug 1998

Federal Offenders Under Community Supervision, 1987-96, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.


1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Jul 1998

1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

Debates regarding the admissibility of expert testimony in child sexual abuse cases are often characterized as between clinicians and researchers. Clinicians base their judgment on personal experience and anecdotes, whereas researchers base their judgment on scientific findings. Clinicians are willing to testify that a particular child has been sexually abused, whereas researchers cautiously avoid rendering a judgment about any particular case. Clinicians believe that they can interpret children's statements and behaviors to validate abuse, whereas researchers warn that children's statements and behaviors may be shaped by adults, including clinicians. Clinicians are happy to testify (typically for the prosecution), comfortably adopting …


Preventing Crime: What Works, What Doesn't, What's Promising, Us Department Of Justice Jul 1998

Preventing Crime: What Works, What Doesn't, What's Promising, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.