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Articles 31 - 60 of 280
Full-Text Articles in Law
The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan
The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan
Scholarly Publications
No abstract provided.
Decolonising Restoration And Justice, Mark Findlay
Decolonising Restoration And Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …
Federal Sentencing Guidelines, Andrea Wilson
Federal Sentencing Guidelines, Andrea Wilson
Mercer Law Review
Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.
Perjury! The Charges And The Defenses, Richard H. Underwood
Perjury! The Charges And The Defenses, Richard H. Underwood
Law Faculty Scholarly Articles
Perjury is the most hotly debated topic in America today. In this witty and instructive article, the author explains what constitutes the crime of perjury, provides examples of how defendants have sometimes avoided conviction, and discusses the impact of federal and state statutes on prosecutors, defendants, witnesses, the judiciary, the legislature, and society.
Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger
Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger
Faculty Works
No abstract provided.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector
Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector
University of Michigan Journal of Law Reform
In recent years, Mexican narcotics trafficking has become a major threat to the security of the Americas. Mexican narco-traffickers have used their wealth and violence to corrupt political and judicial systems and avoid effective prosecution or penalty in Mexican courts. Historically, Mexico has refused to extradite its nationals in reliance on Mexican law prohibiting the extradition of nationals in all but "exceptional" cases. This Note argues that Mexico should take a step toward controlling the cross-border narcotics trade and recognize international drug trafficking as an "exceptional" crime. Upon recognizing narcotics crimes as "exceptional," Mexico should then begin extraditing Mexican narco-traffickers …
Kids, Cops, & Communities, Us Department Of Justice, Carnegie Corporation Of New York
Kids, Cops, & Communities, Us Department Of Justice, Carnegie Corporation Of New York
National Institute of Justice Office of Justice Programs
This report is designed to help law enforcement administrators and officers understand and institute a strategy to help prevent violence - community-oriented policing services carried out in collaboration with youth-serving organizations. Popular police prevention approaches such as D.A.R.E. (Drug Abuse Resistance Education), G.R.E.A.T. (Gang Resistance Education and Training), and the McGruff "Take a Bite out of Crime" campaigns have helped prepare police officers to work hand in hand in a variety of ways with local affiliates of national youth-serving organizations. In a growing number of cities, police are working with youth groups and finding that violence involving youth is rapidly …
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
The American Adversary System, William T. Pizzi
The American Adversary System, William T. Pizzi
West Virginia Law Review
No abstract provided.
Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine
Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine
American University Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Michigan Law Review
In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …
The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor
The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor
International Bulletin of Political Psychology
This article describes the problematic nature of child molestation for the rule of law.
The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss
The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss
Penn State International Law Review
No abstract provided.
Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab
Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab
Penn State International Law Review
No abstract provided.
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Penn State International Law Review
No abstract provided.
Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker
Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker
Penn State International Law Review
No abstract provided.
Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears
Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears
BYU Law Review
No abstract provided.
Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler
Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler
Brigham Young University Journal of Public Law
No abstract provided.
Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro
Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro
Brigham Young University Journal of Public Law
No abstract provided.
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
Michigan Law Review
My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.
Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee
Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee
Mercer Law Review
In Kansas v. Hendricks, the United States Supreme Court determined the constitutionality of a civil commitment statute that provides for possible indefinite confinement of sex offenders who are near the end of their prison sentences and who pose a threat to society and suffer from a "mental abnormality." In a five to four decision, the Court reversed the Kansas Supreme Court and upheld Kansas's Sexually Violent Predator Act ("SVPA"). In doing so, the Court declared the act nonpenal and rejected due process, double jeopardy, and ex post facto challenges.
United States V. Mitchell: The Fifth Amendment At Sentencing, Matthew E. Cook
United States V. Mitchell: The Fifth Amendment At Sentencing, Matthew E. Cook
Mercer Law Review
Whether the Fifth Amendment privilege against self-incrimination may be claimed by a criminal defendant after conviction is an open question. In United States v. Mitchell, the Third Circuit aligned itself with the minority of circuits by holding that defendants retain no Fifth Amendment right against self-incrimination with respect to the facts or circumstances of a crime once convicted, even though their testimony may work to increase their level of punishment.
The Color Line Of Punishment, Jerome H. Skolnick
The Color Line Of Punishment, Jerome H. Skolnick
Michigan Law Review
If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …
Police And Thieves, Rosanna Cavallaro
Police And Thieves, Rosanna Cavallaro
Michigan Law Review
What is it about New York City that has, in the last few years, spawned a series of books attacking the criminal justice system and describing a community in which victims' needs are compelling while the rights of the accused are an impediment to justice? Why does this apocalyptic vision of the system persist, despite statistics demonstrating the sharpest decline in the city's and the nation's crime rates in decades? What explains the acute detachment from the accused that is at the core of this series of books? In Virtual Justice: The Flawed Prosecution of Crime in America, Richard Uviller …
Romantic And Electronic Stalking In A College Context, Rebecca K. Lee
Romantic And Electronic Stalking In A College Context, Rebecca K. Lee
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Stalking In America: Findings From The National Violence Against Women Survey, Us Department Of Justice
Stalking In America: Findings From The National Violence Against Women Survey, Us Department Of Justice
National Institute of Justice Research in Brief
No abstract provided.