Law Commons^™

Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King

American University Law Review

This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.

The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …

Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax

Presentations

No abstract provided.

Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder

American University Law Review

No abstract provided.

Reforming Fourth Amendment Privacy Doctrine, Jim Harper

American University Law Review

No abstract provided.

Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee

American University Law Review

No abstract provided.

Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.

Arbitrary And F^@#$*! Capricious: An Analysis Of The Second Circuit's Rejection Of The Fcc's Fleeting Expletive Regulation In Fox Television Stations, Inc. V. Fcc (2007), Justin Winquist

American University Law Review

No abstract provided.

The Violence Against Women Act:Denying Needed Resources Based On Criminal History, Jaime M. Yarussi

American University Criminal Law Brief

No abstract provided.

The Prison Rape Elimination Act:Implementation And Unresolved Issues Torture, Brenda V. Smith

American University Criminal Law Brief

No abstract provided.

Editorial:The Orleans Public Defenders’ Office:Revamping The New Orleans Criminal Justice System After Katrina, Anne Keith Walton

American University Criminal Law Brief

No abstract provided.

Prosecuting Sexual Violence In Correctional Settings:Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime M. Yarussi

American University Criminal Law Brief

No abstract provided.

Proposed Maryland Jury Instructionon Cross-Racial Identification, David E. Aaronson

American University Criminal Law Brief

No abstract provided.

Removing The Stigma Of Prison Rape And Sexual Assault:The First Step To Providing Hiv Treatment To Prisoners, James Radford

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch: Recent Decisions And Upcoming Criminal Cases For The 2008-2009 Docket, Emily Pasternak

American University Criminal Law Brief

No abstract provided.

Size Doesn’T Matter: The Impact Of Small Gangs In Montgomery County, Maryland, Jeffrey T. Wennar

American University Criminal Law Brief

No abstract provided.

Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Grand Jury Discretion And Constitutional Design, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …

Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak

The Modern American

No abstract provided.

Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit

American University Law Review

This article considers what limits the constitution places on holding someone criminally liable for another's conduct. While vicarious criminal liability is often criticized, there is no doubt that it is constitutionally permissible as a general matter. Under the long-standing felony murder doctrine, for example, if A and B rob a bank and B shoots and kills a security guard, A can be held criminally liable for the murder. What if, however, A was not involved in the robbery but instead had a completely separate conspiracy with B to distribute cocaine? What relationship, if any, does the constitution require between A's …

Tactical Ineffective Assistance In Capital Trials, Kyle Graham

American University Law Review

Are defense attorneys sandbagging in their death-penalty cases? In Poindexter v. Mitchell, a habeas corpus case decided in 2006, Chief Judge Danny Boggs of the United States Court of Appeals for the Sixth Circuit wrote that by conducting a deliberately defective investigation into mitigation evidence that might otherwise have been presented at the penalty phase of a capital trial, a defense attorney can virtually guarantee that any death sentence the jury returns will be vacated in later proceedings. The likelihood of such an outcome, Boggs wrote, will more than make up for the somewhat greater chance that a jury that …

Giving Birth In Shackles: A Constitutional And Human Rights Violation, Dana L. Sichel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Feminist Scholarship

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …

Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The American Prosecutor - Power, Discretion, And Misconduct, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir

American University Law Review

No abstract provided.

The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache

American University Law Review

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges. Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether …

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …