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Full-Text Articles in Law

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom Oct 2013

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert Bloom

No abstract provided.


Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson Oct 2007

Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson

Steven L. Chanenson

No abstract provided.


The Case Of The Crooked Convictions: Erle Stanley Gardner, Perry Mason, And The Court Of Last Resort, Malinda Seymore Oct 2007

The Case Of The Crooked Convictions: Erle Stanley Gardner, Perry Mason, And The Court Of Last Resort, Malinda Seymore

Malinda L. Seymore

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Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan Aug 2007

Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan

Darius Whelan

This paper concentrates on fitness for trial in the District Court and deals with the topic under two main headings: firstly, how does the District Court determine fitness for trial and secondly, the consequences of a finding of unfitness for trial. Ireland's Criminal Law (Insanity) Act 2006 introduced significant reforms to this area of law, and the implications for the District Court are reviewed.


Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman May 2007

Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.


Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero Apr 2007

Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero

Prof. Boaz Sangero

Following research conducted in recent years—some of it regarding evidence obtained through DNA testing—no doubt remains that, in reality, innocent persons are convicted of crimes and that, in a significant number of these cases, wrongful convictions are solely based on the out-of-court confessions of accused persons obtained by police interrogators.This Article discusses existing law regarding confessions and convictions based on confessions. While this body of law deals in a relatively satisfactory manner with the fear that the confession is involuntary (primarily, through Miranda rules), unfortunately, it does not adequately address the serious fear of false confessions.The Article is designed to …


14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas Apr 2007

14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon

Objective: Controversy abounds regarding the process by which child sexual abuse victims disclose their experiences, particularly the extent to which and the reasons why some children, once having disclosed abuse, later recant their allegations. This study examined the prevalence and predictors of recantation among 2- to 17-year-old child sexual abuse victims. Method: Case files (n = 257) were randomly selected from all substantiated cases resulting in a dependency court filing in a large urban county between 1999 and 2000. Recantation (i.e., denial of abuse postdisclosure) was scored across formal and informal interviews. Cases were also coded for characteristics of the …


Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman Mar 2007

Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.


10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon Jan 2007

10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon

Thomas D. Lyon

When Roland Summit published his paper on child sexual abuse accommodation (Summit, 1983), the notion that sexually abused children disclose abuse only reluctantly and ambivalently was thought "so basic that it contributed nothing new to the literature" (Summit, 1992, p. 155). Summit's paper was neither original research nor a systematic review of research, and he emphasized that his conclusions were largely based on his work as a clinical consultant and "endorsements" from professionals, victims, and their families (Summit, 1983, p. 180).


Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey Dec 2006

Toward A Feminist State: What Does Effective Prosecution Of Domestic Violence Mean?, Michelle Dempsey

Michelle Madden Dempsey

This article examines domestic violence criminal prosecutions and addresses what effective prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that effective prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus


Why Sexual Prenetration Requires Justification, Michelle Dempsey, Jonathan Herring Dec 2006

Why Sexual Prenetration Requires Justification, Michelle Dempsey, Jonathan Herring

Michelle Madden Dempsey

This article defends the claim that sexual penetration is a prima facie wrong: it requires justification. We defend this claim by reference to considerations relating the use of physical force required to achieve sexual penetration, the occurrence and risk of harm posed by sexual penetration, and the negative social meaning of sexual penetration in patriarchal societies. The step we take in this article is a preliminary part of a larger project. We are not here directly concerned with questions of criminalisation; we aim simply to map the moral landscape of sexual penetration.


Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom Dec 2006

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert M. Bloom

No abstract provided.


2007 Congressional Testimony On Confidential Informants, Alexandra Natapoff Dec 2006

2007 Congressional Testimony On Confidential Informants, Alexandra Natapoff

Alexandra Natapoff

2007 Hearing before the House Judiciary Committee on the use of confidential criminal informants

https://www.youtube.com/watch?v=Mav9tOvmWcQ


Research And Expert Testimony On Interrogations And Confessions, Mark Costanzo, Richard Leo Dec 2006

Research And Expert Testimony On Interrogations And Confessions, Mark Costanzo, Richard Leo

Richard A. Leo

In this chapter, the authors summarize the scholarly literature on false confessions and propose possible solutions to the problem of false confessions. The chapter begins by discussing some of the characteristics and major categories of false confessions. Next, the authors review risk factors that increase the likelihood of false confessions, including youth, cognitive impairment, mental illness, or certain vulnerable personalities. The authors also identify characteristics of the interrogation process that may raise the risk of false confessions and some of the cognitive and emotional factors that may enter into a suspect's decision to make a false confession. The authors describe …


Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim Dec 2006

Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim

Janine Kim

The advent of new defensive claims, such as the battered woman's defense and the cultural defense, has led to debates that invoke a variety of important legal and political principles on both sides of the issues. But asking whether we ought to adopt new defenses in the criminal law raises a more fundamental question: why do we ever adopt defenses in the criminal law? Two simple reasons come to mind - (1) defenses may be necessary to our system of criminal law, or (2) defenses may be good for our system of criminal law. In this Article, I consider what …


Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston Dec 2006

Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston

James B Johnston

Prosecutors have complained that jurors who think they are educated in crime scene investigations by watching T.V. have made it difficult to prove cases even when the charge is white collar in nature because they expect the forensics the see on the show "CSI". In regard to government fraud cases, the prosecutor simply must get the jury to follow the fraud linked money. This article notes that those in law enforcement must give the jury what they want to get them to follow the money especially when the case concerns government fraud and corruption.


From "The Art Of War" To "Being Peace": Mindfulness And Community Lawyering In A Neoliberal Age, Angela P. Harris, Jeffrey Selbin, Margaretta Lin Dec 2006

From "The Art Of War" To "Being Peace": Mindfulness And Community Lawyering In A Neoliberal Age, Angela P. Harris, Jeffrey Selbin, Margaretta Lin

Angela P Harris

No abstract provided.


Plea Bargaining's Survival: Financial Crimes Plea Bargaining, A Continued Triumph In A Post-Enron World, Lucian E. Dervan Dec 2006

Plea Bargaining's Survival: Financial Crimes Plea Bargaining, A Continued Triumph In A Post-Enron World, Lucian E. Dervan

Lucian E Dervan

This article examines the war on financial crimes that began after the collapse of Enron in 2001. Although many believed that the reforms implemented following this scandal led to greater prosecutorial focus on financial crimes and longer prison sentences, an analysis of data from 1995 through 2006 reveals that little has actually changed. The statistics demonstrate that the government's focus on financial crimes has not increased and prison sentences for fraud have remained stagnant. How could this be the case? It is this author's hypothesis that although prosecutors could have chosen to use new statutes and amendments to the United …


Dred Scott And The Political Question Doctrine, Wesley M. Oliver Dec 2006

Dred Scott And The Political Question Doctrine, Wesley M. Oliver

Wesley M Oliver

No abstract provided.


Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy E. Millar Dec 2006

Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy E. Millar

Nancy E Millar

No abstract provided.


Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver Dec 2006

Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver

Wesley M Oliver

The New York legislature in the early-nineteenth century began to require interrogators to warn suspects of their right to silence and counsel. The Warren Court, in Miranda v. Arizona, did not invent the language of the warnings; rather, it resurrected the warnings that were no longer given in New York after the latter half of the nineteenth century. The confessions rule, a judicially created rule of evidence much like the modern voluntariness rule, excluded many statements if any threat or inducement was made to the suspect. Courts in the early-nineteenth century, however, were willing to accept confessions notwithstanding an improper …


Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero Dec 2006

Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero

Prof. Boaz Sangero

It is seemingly possible to think that the new Israeli Combating Criminal Organizations Law, 2003 is a desirable statute. After all – how many struggles are more justified than the fight against organized crime? This Article will demonstrate that, in view of the extensive and comprehensive legislation already existing in Israel prior to the enactment of the new law, there was no need at all for an additional statute. Furthermore, it will show that the excessively broad definition given to the term “criminal organization” is liable to dominate Israeli criminal law and make the already draconian penal code – which …


Integrating On-Line And Print Research Training: A Guide For The Wary, Kari L. Johnson, Suzanne Ehrenberg Dec 2006

Integrating On-Line And Print Research Training: A Guide For The Wary, Kari L. Johnson, Suzanne Ehrenberg

Kari L. Aamot Johnson

No abstract provided.


Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power Dec 2006

Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power

Robert C Power

This article examines how the efforts to bring former Chilean dictator Augusto Pinochet Ugarte to justice have affected international criminal law. It argues that traditional international law seems largely irrelevant today because the paradigmatic crime of the Pinochet era was torture, which is now addressed primarily through the Torture Convention, and the most appropriate forum is the International Criminal Court (ICC) rather than national courts. The article emphasizes the need to use international tribunals such as the ICC to help protect international criminal prosecutions from the kind of political erosion that left a very mixed record concerning Augusto Pinochet.


Jamais Deux Sans Trois: Principes Régissant Les Effets De La Récidive Sur La Peine Et La Libération Conditionnelle Dans Les Codes Pénaux Européens (French), Sacha Raoult Dec 2006

Jamais Deux Sans Trois: Principes Régissant Les Effets De La Récidive Sur La Peine Et La Libération Conditionnelle Dans Les Codes Pénaux Européens (French), Sacha Raoult

Sacha Raoult

This paper examines the general principles that guide the classical treatment of an offender's dangerousness in the criminal codes of sixteen European countries. It provides a review of the way in which each penal code deals with both multiple offenders and the terms of parole. There is substantial variety in the legal definitions and effect of recidivism, with some very strict criteria in place in some states. The same various degree of arbitrariness and lack of clear standards apply to the terms of parole. Though arbitrariness in the administering of these legal categories is common throughout Europe, it can be …


The Fourth Amendment Status Of Stored E-Mail: The Law Professors’ Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia Dec 2006

The Fourth Amendment Status Of Stored E-Mail: The Law Professors’ Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia

Susan Freiwald

This paper contains the law professors' brief in the landmark case of Warshak v. United States, the first federal appellate case to recognize a reasonable expectation of privacy in electronic mail stored with an Internet Service Provider (ISP). While the 6th circuit's opinion was subsequently vacated and reheard en banc, the panel decision will remain extremely significant for its requirement that law enforcement agents must generally acquire a warrant before compelling an ISP to disclose its subscriber's stored e-mails. The law professors' brief, co-authored by Susan Freiwald (University of San Francisco) and Patricia L. Bellia (Notre Dame) and signed by …


A First Principles Approach To Communications' Privacy, Susan Freiwald Dec 2006

A First Principles Approach To Communications' Privacy, Susan Freiwald

Susan Freiwald

Under current doctrines, parties to a communication enjoy robust constitutional protection against government surveillance only when they have a reasonable expectation of privacy in those communications. This paper suggests that the surprising dearth of case law applying the reasonable expectations of privacy test to modern electronic communications reflects courts' discomfort with the test's necessarily normative analysis. That discomfort also likely explains courts' use of shortcuts based on Miller v. United States and Smith v. Maryland in those few cases that have considered online surveillance practices. In particular, the government has argued that a broad third party rule deprives electronic mail …


7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna Dec 2006

7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna

Thomas D. Lyon

In Crawford v. Washington and Davis v. Washington, the United States Supreme Court profoundly changed how hearsay statements are analyzed under the Confrontation Clause. If a hearsay statement is “testimonial,” then the statement cannot be admitted against a criminal defendant unless the defendant had the opportunity to cross-examine the hearsay declarant. Testimonial statements include many, if not most, statements to law enforcement, particularly if elicited through structured interviews and captured on tape. The full reach of the “testimonial” concept, however, has not been determined.


2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon Dec 2006

2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan Dec 2006

Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan

Donald J. Kochan

The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved …