Law Commons^™

America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton

Richmond Journal of Law and the Public Interest

America's "War on Drugs" has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant's use or possession of the firearm. Congress amended Section 924 to include the term "possession" several years after the United States Supreme Court's decision in Bailey v. United States. The United States Supreme Court interpreted the "use" requirement of Section …

'Lesser Evils' In The War On Terrorism, Mark A. Drumbl

Scholarly Articles

No abstract provided.

Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl

Scholarly Articles

This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …

Toward A Criminal Law For Cyberspace: A New Model Of Law Enforcement?, Susan W. Brenner

School of Law Faculty Publications

This article argues that one consequence of the increasing proliferation of computer technology and the attendant migration of human activities, including illegal activities, into cyberspace is that the efficacy of our traditional approach to enforcing the criminal law is eroding. (1) As Section II explains, it is already apparent that the traditional model is not an effective means of dealing with cybercrime, i.e., crime the commission of which entails the use of computer technology. (2)

We are therefore seeing the emergence of an alternative approach to law enforcement, (3) one that emphasizes collaboration between the public and private sectors and …

Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner

School of Law Faculty Publications

Cybercrime creates unique challenges for the reactive model of crime control that has been predominant for approximately the last century and a half. That model makes certain assumptions about crime, which derive from characteristics of real-world crime. These assumptions do not hold for cybercrime, so the reactive model is not an appropriate means of dealing with online crime. The article explains how modified principles of criminal law can be utilized to implement a new, non-reactive model which can deal effectively with cybercrime. This model of distributed security emphasizes prevention, rather than reaction, which is achieved by holding citizens liable for …

Derecho Penal, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky

Sustainable Development Law & Policy

No abstract provided.

Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo

Indiana Law Journal

No abstract provided.

Obstructing Justice: The Rise And Fall Of The Aedpa

San Diego Law Review

From 1994 through as late as August 2001, the United States intelligence community1

received information that terrorists had seriously contemplated using airplanes as instruments for carrying out international terrorist attacks.2

This method of attack was clearly “discussed in terrorist circles,” yet community analysts demonstrated little effort to strategically counter such terrorist groups. Moreover, in 1998, U.S. intelligence received specific information that “a group of unidentified Arabs planned to fly an explosive-laden plane from a foreign country into the World Trade Center.” In July 2001, senior government officials were warned of “a significant terrorist attack against U.S. and/or Israeli interests in …

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky

War Crimes Memoranda

No abstract provided.

Would It Be An Appropriate Use Of Prosecutorial Discretion If The Prosecutor Declined To Initiate An Investigation In The Case Of An Alleged Offender Who Has Been Given Amnesty Or Asylum?, Mark A. Pustay

War Crimes Memoranda

No abstract provided.

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.

Is Incitement To Commit Genocide A Continuing Crime Such That Acts Committed Outside The Temporal Jurisdiction Of The Ictr Can Be Considered In Prosecuting An Accused?, Kam F. Siu

War Crimes Memoranda

No abstract provided.

Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli

War Crimes Memoranda

No abstract provided.

Did The Plenary Have The Power To Adopt Rule 11bis?, Vivian M. Hermiz

War Crimes Memoranda

No abstract provided.

The Legitimacy Of Article 4(B) And The Status Of Unamsil As Civilians Under The International Law Of Armed Conflict, Christopher M. Mclaughlin

War Crimes Memoranda

No abstract provided.

True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries

Faculty Law Review Articles

This article calls for a new character evidence rule allowing the admission of prior acts of abuse within the context of a current domestic violence prosecution. Section II discusses the history of domestic violence in America and explores the three ways that the law has condoned domestic violence, including implicit sanction through the effect of the character evidence rule. Section III examines the intellectual background of the character evidence ban. This section also explores the conflict between the character evidence rule and the law's recognition of domestic violence. Further, Section III demonstrates how the character evidence ban violates its underlying …

Implementing Blakely, Jenia I. Turner

Faculty Journal Articles and Book Chapters

By declaring that sentence-enhancing facts must be proven to a jury beyond a reasonable doubt, the Supreme Court in Blakely v. Washington has raised a number of questions about the future of guided sentencing. One of these questions - only beginning to be explored - is what procedures would be needed in a system that both implements Blakely and preserves sentencing guidelines. What factors would be submitted to the jury and what instructions would be given? Would sentencing issues be presented to the jury in a separate hearing, distinct from trial? If so, what evidentiary rules would apply?

This paper …

The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill

Seattle University Law Review

In Washington, precedent supports the application of a heightened level of appellate scrutiny to probationary conditions that infringe on fundamental liberties, but this scrutiny is often inconsistently applied and frequently heightened in name alone. This Comment argues that, because the justification for appellate court deference toward the trial courts' creation of probationary conditions has disappeared in the context of SOAP orders, appellate courts faced with such orders should more rigorously examine the trial court decisions. This heightened scrutiny is justified because SOAP orders infringe on the state-recognized right of intrastate travel. Further, based on an examination of the research on …

Case Note: Civil Procedure—The Forest For The Trees: The Minnesota Supreme Court Considers The Collateral Estoppel Effect Of Criminal Convictions In Illinois Farmers Insurance Co. V. Reed, Charles Delbridge

William Mitchell Law Review

This Note first examines the goals and history of the doctrine of collateral estoppel, including the great changes the doctrine has undergone of late. It then examines the facts of the Reed case, details the procedural history of the case, and outlines the analysis of the courts in deciding the case. This Note then analyzes both the successes and the failures of the Minnesota Supreme Court in the Reed opinion. Finally, this Note concludes that the Reed decision is correct in its privity and due process analyses, but falls short by failing to clarify what collateral estoppel effect a criminal …

Case Note: Criminal Law—Dangerous, Not Deadly: Possession Of A Firearm Distinguished From Use Under The Felony-Murder Rule—State V. Anderson, Michael C. Gregerson

William Mitchell Law Review

This Note first briefly examines the history of the felony-murder doctrine both generally and in Minnesota. Second, this Note describes the decision and analysis in State v. Anderson, the latest case in Minnesota to deal with the felony-murder doctrine. Third, this Note concludes that in an effort to reach the right result, the court misapplied its previous precedent and left the lower courts with no clear standard for guidance in the future. Finally, this Note suggests that a workable standard might be found in limiting the application of the rule to deaths that occur in furtherance of the felony.

Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck

UIC Law Review

No abstract provided.

David Pays For Goliath's Mistakes: The Costly Effect Sarbanes-Oxley Has On Small Companies, 38 J. Marshall L. Rev. 671 (2004), Nathan Wilda

UIC Law Review

No abstract provided.

The Law Of Personhood: A Review Of Markus Dirk Dubber's Victims In The War On Crime: The Use And Abuse Of Victims' Rights, Robert Elias

Buffalo Law Review

No abstract provided.

Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley

Cleveland State Law Review

This article will trace the history of tribal criminal jurisdiction following the arrival of the colonists, through the foundation of the United States government, and will lead into where it stands today. On this journey, this article will discuss significant statutes and case law dealing with the role tribal courts have played in handling criminal jurisdiction in Indian country and will also discuss some important studies conducted by the Department of Justice Bureau of Justice Statistics and others on the current state of violent crime in Indian country, as well as the tribes' ability to handle it. Finally, this article …

Summary Of Martinez V. State, Scott Whittemore

Nevada Supreme Court Summaries

Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.

Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley

Nevada Supreme Court Summaries

Clyde Means was charged with one count of open or gross lewdness and three counts of sexual assault upon his nineteen year old son. At trial, the jury was empaneled but the district court conducted a hearing to determine the admissibility of Means’ prior bad acts. Because the district court ruled that the acts were admissible, Means, through his attorneys, negotiated a plea bargain. Means would plead guilty to one count of sexual assault in exchange for dismissal of the other charges. Means was informed that he would face two to twenty years in prison, fines, and be required to …

Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano

Nevada Supreme Court Summaries

Appellant Margaret Rudin (Rudin) married her husband, Ron, in September of 1987. In January of 1995, Ron’s remains were discovered at Lake Mohave, he apparently had been murdered. Shortly after the discovery of her husband’s body, Rudin boarded a plane to St. Louis, Missouri. On April 17, 1997, Rudin was indicted by the Clark County grand jury on three counts for (1) unauthorized surreptitious intrusion of privacy by listening device, (2) murder with the use of a deadly weapon and (3) accessory to murder. A warrant was then issued for her arrest. Rudin was subsequently apprehended in Massachusetts in November …