Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Criminal Law and Procedure (22)
- Criminal Law (20)
- Criminal law (13)
- Criminal Procedure (12)
- Klein (10)
-
- Constitutional Law (9)
- Richard Klein (9)
- Supreme Court (7)
- Death penalty (6)
- Evidence (5)
- Plea bargaining (5)
- Presentations (5)
- Sentencing (5)
- 4th amendment (4)
- Australia (4)
- Child abuse (4)
- Child development (4)
- Child neglect (4)
- Child psychology (4)
- Child witnesses (4)
- Civil Rights (4)
- Due process (4)
- Effective assistance of counsel (4)
- Eighth Amendment (4)
- Exclusionary rule (4)
- Ineffective assistance of counsel (4)
- International Law (4)
- Jurisprudence (4)
- Probable cause (4)
- Prosecution (4)
- Publication
-
- Richard Daniel Klein (15)
- Robert M. Bloom (13)
- Bethel G.A Erastus-Obilo (7)
- R. Michael Cassidy (7)
- Beau James Brock (6)
-
- Mubashshir Sarshar (6)
- Robert L. Marsh (6)
- Lucian E Dervan (5)
- Mary Sue Backus (5)
- Charles E. MacLean (4)
- Michael Pinard (4)
- Tamar R Birckhead (4)
- Thomas D. Lyon (4)
- Alex Steel (3)
- Cheryl Page (3)
- Daniel Kanstroom (3)
- Daudi Mwita Nyamaka Mr. (3)
- Jodie O'Leary (3)
- Samuel J. Levine (3)
- Amanda C Pustilnik (2)
- Basyle Tchividjian (2)
- David C. Brown (2)
- David C. Gray (2)
- Donald G Gifford (2)
- Dr. Saumya Uma (2)
- Fiona David (2)
- Frank R. Herrmann, S.J. (2)
- Ken Levy (2)
- Linnéa Wegerstad (2)
- Linus Koh (2)
Articles 1 - 30 of 202
Full-Text Articles in Law
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel
David C. Brown
Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
David C. Brown
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
Robert Bloom
The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …
Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh
Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh
Ehsan Zarrokh
As domestic violence becomes increasingly recognized a widespread social problem, judicial system has begun playing larger roles in providing legal protection to these victims. One way they are doing this in the Iran is through the use of protective restraining orders or injunctions. The purpose of this research was to determine if permanent Injunctions for Protection provide victims of Domestic Violence with a sense of security in alleviating fear of retaliation or on-going violence.
Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.
Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.
Juvenile Diversion Programs, Robert Marsh, Steven Patrick
Juvenile Diversion Programs, Robert Marsh, Steven Patrick
Robert L. Marsh
The dilemma of dealing with youth culture has been an age-old cultural concern. The process of socializing the young and dealing with their positive and negative behaviors has concerned societies and governments as diverse as the ancient Romans and Greeks and modern Americans. In the American colonies, children occupied a low status and, as such, were treated harshly. Societies have employed a number of methods to control and teach correct behavior to the young. Most policies concentrated on some type of punishment. The public policies for youthful misbehavior in both England and its former colonies often included trial in an …
Simulating Correctional Disturbances: The Application Of Organization Control Theories To Correctional Organizations Via Computer Simulation, Steven Patrick, Patricia Dorman, Robert Marsh
Simulating Correctional Disturbances: The Application Of Organization Control Theories To Correctional Organizations Via Computer Simulation, Steven Patrick, Patricia Dorman, Robert Marsh
Robert L. Marsh
Inmate group behavior is a complex phenomenon that many researchers have attempted to understand. Most of the individual theories applied to this issue have had limited success. This work uses computer simulation to apply a complex theory of organizational control to the issue of inmate group behavior that incorporates all the major theoretical components found in the individual theories. The complete theory is first presented and then basic simulation results are discussed. The findings show that the simulated theory produced results that are empirically realistic. The control processes used by prisons generally produce compliance from inmates but these same control …
Physiological And Psychosocial Assessment And Treatment Of Sex Offenders: A Comprehensive Victim-Oriented Program, Robert Marsh, Anthony Walsh
Physiological And Psychosocial Assessment And Treatment Of Sex Offenders: A Comprehensive Victim-Oriented Program, Robert Marsh, Anthony Walsh
Robert L. Marsh
This paper attempts to define the "optimal" sex offender treatment program based on a review of the empirical literature and on the authors' clinical experience with sex offenders. An important first step in any treatment program is the proper assessment of the condition to be treated. Assessment of sex offenders should include the use of the penile plethysmograph and the polygraph, as well as the more traditional methods of psychosocial assessment. These physiological tools are also useful as adjunct treatment tools. It is asserted that restitution therapy be the operating philosophy of any good treatment program, and that various aspects …
Control Group Study Of Juvenile Diversion Programs: An Experiment In Juvenile Diversion—The Comparison Of Three Methods And A Control Group, Steven Patrick, Robert Marsh, Wade Bundy, Susan Mimura, Tina Perkins
Control Group Study Of Juvenile Diversion Programs: An Experiment In Juvenile Diversion—The Comparison Of Three Methods And A Control Group, Steven Patrick, Robert Marsh, Wade Bundy, Susan Mimura, Tina Perkins
Robert L. Marsh
Juvenile diversion methods have been tested in many states in an effort to reduce recidivism. This paper reports on an experimental juvenile diversion program and the evaluation to assess the effects on recidivism during the experimental period. In this control group design first-time juvenile status offenders were randomly assigned to three experimental groups: Juvenile Accountability Program, Youth Court, or Magistrate Court and compared with an Educational Control group. The data revealed that the Juvenile Accountability diversion program, which diverted offenders from the justice system and held them accountable of their offenses, showed positive signs for reducing recidivism.
Perceptions Of Punishment And Rehabilitation Among Inmates In A Medium Security Prison, Steven Patrick, Robert Marsh
Perceptions Of Punishment And Rehabilitation Among Inmates In A Medium Security Prison, Steven Patrick, Robert Marsh
Robert L. Marsh
Inmate perceptions are examined in relation to punishment and rehabilitation as goals of prison. The results from a random sample of inmates in a medium security prison appear to show that inmate perceptions of punishment and rehabilitation are independent of one another but are simultaneously related to different types of inmate relationships with others in the prison. Additionally, inmate perceptions of punishment appear to be related to the physical environment of the prison. This paper discusses structural and policy implications of these findings. It seems that, because perceptions of punishment and rehabilitation are independent it may be possible to increase …
The Practice Of Native American Spirituality In Prison: A Survey, Robert Marsh, T. Cox
The Practice Of Native American Spirituality In Prison: A Survey, Robert Marsh, T. Cox
Robert L. Marsh
Native Americans have been severely restricted in practicing their traditional religions and spiritual traditions in the United States although the First Amendment specifically guarantees religious freedom. A discussion is presented of the differences in Native American spirituality compared to the Euro‐American concept of religion and the subsequent passage of Native American Religious Freedom Act of 1978 to guarantee religious expression for this group. A nationwide survey was conducted of all state correctional departments to determine the numbers of Native Americans incarcerated in state prisons and the access of this group to practice traditional religions while incarcerated. Data is presented on …
Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley
Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley
Don R Berthiaume
“The right to counsel is too important to be passed over for prosecutorial convenience or executive branch whimsy. It has been engrained in American jurisprudence since the 18th century when the Bill of Rights was adopted... However, the right to counsel is largely ineffective unless the confidential communications made by a client to his or her lawyer are protected by law.”[1] So said Senator Arlen Specter on February 13, 2009, just seven months before Congress chose to ignore the very privilege he lauded. Why then, if the right to counsel is as important as Senator Specter articulated, does Congress maintain …
Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown
Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown
George D. Brown
In this Article, Professor Brown examines the issues that federal prosecutions of state and local officials pose. The analysis focuses on prosecutions under the mail fraud statute and considers the general debate over the proper scope of federal criminal law. Professor Brodin addresses the question of whether a re-examination of mail fraud would focus on constitutional or statutory issues and by utilizing the Supreme Court case United States v. Lopez examines the question of internal limits on the mail fraud statute.
Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.
Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Paul R. Tremblay
In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom
Daniel Kanstroom
The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …
Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom
Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom
Daniel Kanstroom
From the Author’s Introduction: We live in a time of unusual vigor, efficiency, and strictness in the deportation of long-term permanent resident aliens convicted of crimes. This situation is the result of some fifteen years of relatively sustained attention to this issue, which culminated in two exceptionally harsh laws: the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In many cases, these laws have brought about a rather complete convergence between the criminal justice and deportation systems. Deportation is now often a virtually automatic consequence of criminal …
Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom
Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom
Daniel Kanstroom
Recent statutory changes to the United States immigration law have resulted in a large increase in the number of lawful permanent resident noncitizens who are deported because of prior criminal conduct. Now, deportation is often a virtually automatic consequence of conviction for an increasingly minor array of crimes including possessory drug offenses and shoplifting. Under current statutory law, permanent resident noncitizens may be deported for crimes that were not grounds for deportation when they were committed and there may be no possibiilty of mercy or humanitarian relief. This Dialogue explores arguments for and against this system. Specifically, it examines the …
30 = 20: ‘Understanding’ Maximum Sentence Enhancements, Frank R. Herrmann S.J.
30 = 20: ‘Understanding’ Maximum Sentence Enhancements, Frank R. Herrmann S.J.
Frank R. Herrmann, S.J.
In this article, Professor Herrmann argues that the due process protections of a criminal trial should apply to aggravating factors that under current “maximum-enhancing statutes” allow judges to impose lengthier punishments in the sentencing phase. Part I considers the Supreme Court's rationale for refusing to apply full due process safeguards to all types of sentencing schemes. This background will reveal the unique quality of maximum-enhancing statutes and establish why the due process protections of a criminal trial should apply to sentencing under maximum-enhancing statutes. Part I, therefore, undertakes to explain courts' rationales to deny criminal defendants full criminal due process …
Standing Mute At Arrest As Evidence Of Guilt: The 'Right To Silence' Under Attack, Frank R. Herrmann S.J., Brownlow M. Speer
Standing Mute At Arrest As Evidence Of Guilt: The 'Right To Silence' Under Attack, Frank R. Herrmann S.J., Brownlow M. Speer
Frank R. Herrmann, S.J.
It is commonly understood that an arrested person has a right to remain silent and that the government may not use his or her silence to prove guilt at trial. Three Circuit Courts of Appeal, however, reject this understanding. They allow the prosecution to use an arrested person's pre-Miranda silence as direct evidence of guilt. This article argues that those Circuits are wrong. The article, first, demonstrates the historical antiquity of the Common Law principle that a detained person has the right to stand mute. Though the right was limited by statutory incursion and in tension, at times, with the …
United States V. Leon And Its Ramifications, Robert M. Bloom
United States V. Leon And Its Ramifications, Robert M. Bloom
Robert M. Bloom
No abstract provided.
Labor Law—Labor Management Relations Act—Section 8(B)(1)(A)—Court-Enforced Fines Under A Union-Shop Provision.—Nlrb V. Allis-Chalmers Mfg. Co., Mitchell J. Sikora, Robert S. Bloom
Labor Law—Labor Management Relations Act—Section 8(B)(1)(A)—Court-Enforced Fines Under A Union-Shop Provision.—Nlrb V. Allis-Chalmers Mfg. Co., Mitchell J. Sikora, Robert S. Bloom
Robert M. Bloom
No abstract provided.
Border Searches In The Age Of Terrorism, Robert M. Bloom
Border Searches In The Age Of Terrorism, Robert M. Bloom
Robert M. Bloom
This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have …
Jailhouse Informants, Robert M. Bloom
“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin
“A More Majestic Conception:” The Importance Of Judicial Integrity In Preserving The Exclusionary Rule, Robert M. Bloom, David H. Fentin
Robert M. Bloom
In Mapp v. Ohio (1961), the Warren Court held that the so-called exclusionary rule was applicable to the states. Subsequent Supreme Courts have shown their disenchantment with the rule by seeking to curb its applicability. Most recently, the Court has characterized the exclusionary rule as a “massive remedy” to be applied only as a “last resort.” The Courts’ analytical framework for the last thirty-five years for cutting back the exclusionary rule was a balancing test which weighed the costs of suppressing reliable evidence with the benefits of deterring future police violations. This balancing has been used most recently in two …
Warrant Requirement -- The Burger Court Approach, Robert M. Bloom
Warrant Requirement -- The Burger Court Approach, Robert M. Bloom
Robert M. Bloom
No abstract provided.
Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom
Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom
Robert M. Bloom
A court can invalidate or rectify certain kinds of offensive official action on the grounds of judicial integrity. In the past, it has served as a check on overzealous law enforcement agents whose actions so seriously impaired due process principles that they shocked the bench’s conscience. The principle not only preserves the judiciary as a symbol of lawfulness and justice, but it also insulates the courts from becoming aligned with illegal actors and their bad acts. The 1992 case of U.S. v. Alvarez-Machain, however, may have signaled a departure from past practices. This article reviews current Supreme Court cases and …
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
Robert M. Bloom
In recent months, there have been many revelations about the tactics used by the Bush Administration to prosecute their war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This paper focuses on the revelation and widespread criticism of the Bush Administration’s operation of a warrantless electronic surveillance program to monitor international phone calls and emails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence collection …
Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom
Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom
Robert M. Bloom
No abstract provided.
Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey
Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey
Robert M. Bloom
After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court also has provided more leeway to federal officers in the past few decades, for example by limiting the scope of the exclusionary rule. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether …