Law Commons^™

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

Not available.

Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble

Vanderbilt Law Review

"When I use a word.., it means just what I choose it to mean-neither more nor less.", This statement by Humpty Dumpty sets forth the argument of this Note: words used to describe mens rea in federal criminal statutes have plain, ordinary meanings. When the United States Supreme Court interprets these statutes, it should do so according to the words' plain meanings. Because the Court has not used this approach in past cases, the law of mens rea on the federal level is confusing and inconsistent.

The Court has tried to repair poorly drafted statutes by interpreting them in various …

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Journal Articles

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …

Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner

Scholarly Articles

None available.

Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer

Theses Digitization Project

No abstract provided.

The Place Of Victims In The Theory Of Retribution, George P. Fletcher

Faculty Scholarship

Remarkably, the theory of criminal law has developed without paying much attention to the place of victims in the analysis of responsibility or in the rationale for punishment. You can read a first-rate book like Michael Moore's recent Placing Blame and not find a single reference to the relevance of victims in imposing liability and punishment. In the last several decades we have witnessed notable strides toward attending to the rights and interests of crime victims, but these concerns have yet to intrude upon the discussion of the central issues of wrongdoing, blame, and punishment.

Admittedly, victims and their sentiments …

Temporal Units Of Prosecution And Continuous Acts: Judicial And Constitutional Limitations

San Diego Law Review

Part II will examine the

historical development and the Supreme Court's application of the so- called rule of lenity when adjudicating cases involving statutes with

unclear units of prosecution Part II will also examine the manner in which unclear draftsmanship has been treated in other areas of law and

will compare those areas of law with the rationale behind the rule of lenity. Finally, Part II will conclude by arguing that the rule of lenity creates a presumption opposing multiple prosecutions for the continuing violation of a statute, unless there is clear legislative intent to the contrary. Part M11 will …

Criminal Law: "Am I My Brother's Keeper?" Sherrice's Law: A Balance Of American Notions Of Duty And Liberty, Justin T. King

Oklahoma Law Review

No abstract provided.

Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos

Seattle University Law Review

This Note argues that the Ninth Circuit was wrong. The registration and notification provisions operate to constructively restrain the liberty of a convicted sex offender and, therefore, Mr. Williamson is "in custody" for purposes of habeas corpus relief. To support this proposition, this Note will first discuss the federal statute pertaining to habeas corpus and review the case law interpreting the jurisdictional requirement that the petitioner be "in custody"; second, review and discuss Washington State's sex offender registration and notification statutes; and finally, analyze the relevant statute and analogous case law in the context of Washington's sex offender laws in …

Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick

Cleveland State Law Review

Given that law has an integral commitment to life, in this lecture I want to show how the law should manifest something of a fundamental dissonance, even a terminal incoherence, when law is called upon to deal death. That is what happens in the judicial discourse on the death penalty in the United States. I will approach this demonstration in a way that may at first seem paradoxical, in a way that will bring out the deep affinity between law and death. That affinity is one in which death is, in a sense, the limit of law; a limit that …

Criminal Trials Of Co-Defendants: The United States Supreme Court Clarifies The Rules, Judith Ritter

Judith L Ritter

No abstract provided.

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power

Robert C Power

No abstract provided.

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.