Law Commons^™

Anthrax Hoaxes, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …

Anthrax Hoaxes, Ira P. Robbins

Ira P. Robbins

Telling Stories And Keeping Secrets, Abbe Smith

University of the District of Columbia Law Review

No abstract provided.

An Attitudinal Theory Of Excuse In Criminal Law, Peter Westen

ExpressO

The mother lode of criminal law scholarship is a unitary theory of excuses, that is, a normative account as to why a person who engages in conduct that a criminal statute prohibits ought nevertheless not be blamed for it. After defining "excuse" against commentators who argue that it cannot be coherently defined, and after criticizing competing theories of excuse, I argue that the feature that renders persons normatively blameless -- and, typically, legally blameless, too -- for engaging in conduct that a criminal statute prohibits is the possession of a certain attitude with which he engages in it. A person …

Judicial Perspectives On The Federal Sentencing Guidelines And The Goals Of Sentencing: Debunking The Myths, Michael E. O'Neill

ExpressO

No abstract provided.

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins

Articles in Law Reviews & Other Academic Journals

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence northe opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,without due process of law[.]” While prosecutors may offer many justifications to support the practice of namingunindicted co-conspirators, these reasons do not withstand …

Reflections From Embassy Lakes, Florida: The Effective Teaching Of Criminal Law, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle

NYLS Law Review

No abstract provided.

Preface, Tanina Rostain, Donald H. Zeigler

NYLS Law Review

No abstract provided.

Unpatriotic Acts: An Introduction, Sadiq Reza

NYLS Law Review

No abstract provided.

The Entrapment Defense: An Interview, Paul Marcus

Faculty Publications

No abstract provided.

A Statutory Approach To Criminal Law, Kevin C. Mcmunigal

Faculty Publications

Article suggests that learning about criminal statutes should be incorporated into teaching criminal law.

Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin Priester

Journal Publications

Every year hundreds of thousands of convicted criminal defendants are sentenced for their crimes, often through the implementation of a broad range of laws of relatively recent vintage such as mandatory minimum provisions and regulations of judicial discretion like the Federal Sentencing Guidelines. The policies underlying these sentencing laws are perhaps the most hotly contested issues in all of criminal procedure, with legislative amendments and calls for reform being made every year. Despite their tremendous importance and the constant political activity concerning them, however, the constitutionality of these laws is surprisingly uncertain-the United States Supreme Court has heard an astounding …

Overextending The Criminal Law And Misguided Guidelines, Erik Luna

Erik Luna

No abstract provided.

Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding

Richard E. Redding

Studies consistently show a high prevalence of mental disorders among criminal defendants. Forensic mental health issues thus arise frequently in the criminal justice system and are commonly encountered by prosecutors, defense attorneys, and judges - much more so than some criminal law doctrines (e.g., necessity, duress, impossibility) routinely taught in criminal law courses. Yet rarely are students taught about mental illness, how to represent mentally ill clients, adjudicative competence, the mental health needs of various offender groups and how these unmet needs may contribute to criminal behavior, or the use of mental health mitigation evidence at sentencing. If taught at …

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins

Ira P. Robbins