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Criminal Law

2009

Journal

Institution
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Articles 1 - 30 of 166

Full-Text Articles in Law

Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond Dec 2009

Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond

BYU Law Review

No abstract provided.


Criminal Law, Franklin J. Hogue Dec 2009

Criminal Law, Franklin J. Hogue

Mercer Law Review

This year I selected a small number of significant cases and amendments to Georgia criminal law on which to focus this Survey. This allows slightly more in-depth treatment within the space limitations and may be more useful, so I hope, to practicing trial lawyers in the ever-changing area of criminal law. This survey period covers developments from June 1, 2008 to May 31, 2009.


Case Information: People V. White Nov 2009

Case Information: People V. White

Journal of Race, Gender, and Ethnicity

No abstract provided.


Presentation On People V. Goetz, Mark Baker, Esq. Nov 2009

Presentation On People V. Goetz, Mark Baker, Esq.

Journal of Race, Gender, and Ethnicity

No abstract provided.


Case Summary: People V. Goetz Nov 2009

Case Summary: People V. Goetz

Journal of Race, Gender, and Ethnicity

No abstract provided.


Presentation On People V. White, Frederick K. Brewington, Esq. Nov 2009

Presentation On People V. White, Frederick K. Brewington, Esq.

Journal of Race, Gender, and Ethnicity

No abstract provided.


Question And Answer Session Nov 2009

Question And Answer Session

Journal of Race, Gender, and Ethnicity

No abstract provided.


Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein Nov 2009

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Journal of Race, Gender, and Ethnicity

No abstract provided.


A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block Nov 2009

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough Nov 2009

Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Animal Law, K. Michelle Welch Nov 2009

Animal Law, K. Michelle Welch

University of Richmond Law Review

No abstract provided.


Rape, Feminism, And The War On Crime, Aya Gruber Nov 2009

Rape, Feminism, And The War On Crime, Aya Gruber

Washington Law Review

Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …


Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew Nov 2009

Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew

BYU Law Review

No abstract provided.


"A Grave Question": The Children Act And Public House Regulation, C. 1908-1939, Stella Moss Nov 2009

"A Grave Question": The Children Act And Public House Regulation, C. 1908-1939, Stella Moss

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article considers the impact of the Children Act 1908 on the regulation of public houses in the period c.1908-39. The Act banned minors under 14 years old from public bars in the attempt to protect them from what were seen by reformers as the inimical influences of licensed premises. The article examines the impact of the Act, illuminating efforts to ensure its strict upkeep during the Great War. Also explored are the tensions surrounding the Act, and in particular its failure to address problems such as the continued presence of children in the vicinity of licensed premises, typically by …


A Critical Introduction To The Symposium, Kyron Huigens Oct 2009

A Critical Introduction To The Symposium, Kyron Huigens

University of Michigan Journal of Law Reform

Introduction for a symposium issue in reply to Reid Fontaine's article "Adequate (Non)Provocation and Heat of Passion as Excuse Not Justification."


Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine Oct 2009

Adequate (Non)Provocation And Heat Of Passion As Excuse Not Justification, Reid Griffith Fontaine

University of Michigan Journal of Law Reform

For a number of reasons, including the complicated psychological makeup of reactive homicide, the heat of passion defense has remained subject to various points of confusion. One persistent issue of disagreement has been the justificatory versus excusatory nature of the defense. In this Article, I highlight and categorize a series of varied American homicide cases in which the applicability of heat of passion was supported although adequate provocation (or significant provocation by the victim) was absent. The cases are organized to illustrate how common law heat of passion may apply in instances in which there is no actual provocation or …


The Values Of Interdisciplinarity In Homicide Law Reform, Robert Weisberg Oct 2009

The Values Of Interdisciplinarity In Homicide Law Reform, Robert Weisberg

University of Michigan Journal of Law Reform

Professor Reid Fontaine's article, Adequate (Non)Provocation and Heat of Passion as Excuse Not Justification, makes a convincing case for treating heat of passion wholly as an excuse not a justification, as the only sensible way to comprehend its various forms. In doing so, Professor Fontaine stimulates further thinking about heat of passion doctrine, along two dimensions.


Unjustified: The Practical Irrelevance Of The Justification/Excuse Distinction, Gabriel J. Chin Oct 2009

Unjustified: The Practical Irrelevance Of The Justification/Excuse Distinction, Gabriel J. Chin

University of Michigan Journal of Law Reform

In recent decades, the distinction between justification and excuse defenses has been a favorite topic of theorists of philosophy and criminal law. Notwithstanding the impressive intellectual efforts devoted to the task, no single scholar or viewpoint appears to be on the verge of generating practical consensus about the concepts of justification and excuse, categorization of the defenses, or categorization of difficult individual cases. This Essay suggests that none of these goals can be usefully advanced through the justification/excuse distinction.


Misunderstanding Provocation, Samuel H. Pillsbury Oct 2009

Misunderstanding Provocation, Samuel H. Pillsbury

University of Michigan Journal of Law Reform

Provocation is and always has been a compromise rule whose success depends on its ability to appeal to all ideological constituencies, and therefore will always-as long as it lasts-resist the final categorization that this question seeks. As long as provocation involves an inquiry into reasonableness, it will include considerations of justification. As long as it provides for mitigation of punishment based on the difficulty of resisting temptations to violence inspired by strong emotion, it will speak to considerations of excuse.


How Not To Argue That Reasonable Provocation Is Not An Excuse, Peter K. Westen Oct 2009

How Not To Argue That Reasonable Provocation Is Not An Excuse, Peter K. Westen

University of Michigan Journal of Law Reform

Reid Fontaine draws two conclusions regarding the partial defense to murder of reasonable provocation-one regarding its substantive content, the other regarding its formal classification…. I agree with both of Fontaine's two conclusions, and, indeed, I have previously written to that effect. Unfortunately, while I agree with Fontaine's conclusions, I do not think he adequately supports them.


On Passion's Potential To Undermine Rationality: A Reply, Reid Griffith Fontaine Oct 2009

On Passion's Potential To Undermine Rationality: A Reply, Reid Griffith Fontaine

University of Michigan Journal of Law Reform

This Reply is organized into several sections. Following the Introduction, I respond to my six distinguished commentators. In Section II, I consider Professor Chin's concern that the distinction between justification and excuse bears no practical relevance for the criminal law. In Section III, I respond to Professor Baron's argument that reasonable mistake of fact is consistent with justification-a view, she observes, that is generally reflected in the criminal law. Building on the discussion of whether mistake and justification are compatible, Section IV addresses Professor Pillsbury's treatment of heat of passion as a hybrid defense that uniquely incorporates components of both …


The Provocation Defense And The Nature Of Justification, Marcia Baron Oct 2009

The Provocation Defense And The Nature Of Justification, Marcia Baron

University of Michigan Journal of Law Reform

In this Essay, I evaluate the evidence of "adequate nonprovocation” that Fontaine puts forward to show that the heat of passion defense is decidedly an excuse (more precisely, a partial excuse). I will be focusing my remarks on the traditional heat of passion defense.


Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan Oct 2009

Contingent Constitutionalism: State And Local Criminal Laws And The Applicability Of Federal Constitutional Rights, Wayne A. Logan

William & Mary Law Review

Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of …


The Irreducibly Normative Nature Of Provocation/Passion, Stephen J. Morse Oct 2009

The Irreducibly Normative Nature Of Provocation/Passion, Stephen J. Morse

University of Michigan Journal of Law Reform

I agree with Professor Fontaine that provocation/passion is best interpreted as a partial excuse, but the ground for my conclusion is normative and not analytic. Indeed, I fear that he has not made the analytic case in large part because he begs a question about failed justifications that has only a normative and not an analytic answer. This Essay first briefly provides my own understanding of provocation/ passion. In the course of doing so, I address Professor Fontaine's argument that provocation/passion should also be applied to people with provocation interpretational bias. I then turn to why Fontaine's case for …


"Knock And Talk" And The Fourth Amendment, Craig M. Bradley Oct 2009

"Knock And Talk" And The Fourth Amendment, Craig M. Bradley

Indiana Law Journal

No abstract provided.


We're Only Fooling Ourselves: A Critical Analysis Of The Biases Inherent In The Legal System's Treatment Of Rape Victims (Or Learning From Our Mistakes: Abandoning A Fundamentally Prejudiced System & Moving Toward A Rational Jurisprudence Of Rape), Thomas A. Mitchell Sep 2009

We're Only Fooling Ourselves: A Critical Analysis Of The Biases Inherent In The Legal System's Treatment Of Rape Victims (Or Learning From Our Mistakes: Abandoning A Fundamentally Prejudiced System & Moving Toward A Rational Jurisprudence Of Rape), Thomas A. Mitchell

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver Sep 2009

International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver

Buffalo Human Rights Law Review

No abstract provided.


The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary Sep 2009

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Optimal Hackback, Jay P. Kesan, Ruperto Majuca Jun 2009

Optimal Hackback, Jay P. Kesan, Ruperto Majuca

Chicago-Kent Law Review

Professor Jay Kesan from the University of Illinois College of Law, in joint work with Ruperto Majuca of the University of Illinois Department of Economics, argue in favor of legal rules that allow "hacking [data] back" in certain business circumstances. They analyze the strategic interaction between the hacker and the attacked company or individual and conclude that neither total prohibition nor unrestrained permission of hack-back is optimal. Instead, they argue that when other alternatives such as criminal enforcement and litigation are ineffective, self-defense is the best response to cybercrime because there is a high likelihood of correctly attacking the criminal, …


An Information Theory Of Willful Breach, Oren Bar-Gill, Omri Ben-Shahar Jun 2009

An Information Theory Of Willful Breach, Oren Bar-Gill, Omri Ben-Shahar

Michigan Law Review

Should willful breach be sanctioned more severely than inadvertent breach? Strikingly, there is sharp disagreement on this matter within American legal doctrine, in legal theory, and in comparative law. Within law-and-economics, the standard answer is "no "-breach should be subject to strict liability. Fault should not raise the magnitude of liability in the same way that no fault does not immune the breaching party from liability. In this paper, we develop an alternative law-and-economics account, which justifies supercompensatory damages for willful breach. Willful breach, we argue, reveals information about the "true nature" of the breaching party-that he is more likely …