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Articles 1 - 30 of 256
Full-Text Articles in Law
Starr, Singleton, And The Prosecutor's Role, David Sklansky
Starr, Singleton, And The Prosecutor's Role, David Sklansky
David A Sklansky
This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …
48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg
Barry A Krisberg
No abstract provided.
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky
David A Sklansky
No abstract provided.
The Criminal Law And The Luck Of The Draw, Sanford Kadish
The Criminal Law And The Luck Of The Draw, Sanford Kadish
Sanford Kadish
No abstract provided.
Reckless Complicity, Sanford Kadish
Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan
Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan
Norman Poythress
No abstract provided.
Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano
Telling Tales In School: Youth Culture And Conflict Narratives, Calvin Morrill, Madelaine Adelman, Michael Musheno, Cindy Bejarano
Michael Musheno
This study departs from mainstream criminology to approach youth conflict and violence from a youth-centered perspective drawn from cultural studies of young people and sociolegal research. To access youth orientations, we analyze experiential stories of peer conflict written by students at a multiethnic, low-income high school situated in an urban core of the western United States. We argue that youth narratives of conflict offer glimpses into how young people make sense of conflict in their everyday lives, as well as insights as to how the images and decisional bases embedded in their storytelling connect to adult-centered discourses found in popular …
‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson
‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson
Richard J. Wilson
No abstract provided.
Overcoming Overcriminalization, Stephen Smith
Overcoming Overcriminalization, Stephen Smith
Stephen F. Smith
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …
Overcoming Overcriminalization, Stephen Smith
Overcoming Overcriminalization, Stephen Smith
Stephen F. Smith
The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …
Consent To Harm, Vera Bergelson
Consent To Harm, Vera Bergelson
Vera Bergelson
This article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).
Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.
One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and …
How The Justice System Fails Us After Police Shootings, Caren Morrison
How The Justice System Fails Us After Police Shootings, Caren Morrison
Caren Myers Morrison
No abstract provided.
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver
Wesley M Oliver
Praise Defenders, Not Just Prosecutors, Stephen E. Henderson
Praise Defenders, Not Just Prosecutors, Stephen E. Henderson
Stephen E Henderson
The New Penology: Notes On The Emerging Strategy Of Corrections And Its Implications, Malcolm M. Feeley, Jonathan Simon
The New Penology: Notes On The Emerging Strategy Of Corrections And Its Implications, Malcolm M. Feeley, Jonathan Simon
Malcolm Feeley
The new penology argues that an important new language of penology is emerging. This new language, which has its counterparts in other areas of the law as well, shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates. This shift has a number of important implications: It facilitates development of a vision or model of a new type of criminal process that embraces increased reliance on imprisonment and that merges concerns for surveillance and custody, that shifts away from a concern with punishing …
Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey
Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey
Russell D. Covey
The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …
The Criminal Justice System In A Time Of Economic Meltdown: Crisis Or Opportunity For Reform?, Russell D. Covey, Caren Morrison
The Criminal Justice System In A Time Of Economic Meltdown: Crisis Or Opportunity For Reform?, Russell D. Covey, Caren Morrison
Russell D. Covey
This one-day symposium will examine the ways that our criminal justice system might respond to our ongoing national economic crisis by implementing long-awaited reforms. A host of distinguished legal scholars will join us to discuss the ways that problems in our criminal justice system are effecting our economy on national and local levels, and how we might further the goals of our criminal justice system while paring down government expense. Please see event website to register. http://law.gsu.edu/events/index/symposium_register
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey
Russell D. Covey
No abstract provided.
Abolishing Jailhouse Snitch Testimony, Russell D. Covey
Abolishing Jailhouse Snitch Testimony, Russell D. Covey
Russell D. Covey
Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …
Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey
Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey
Russell D. Covey
This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders. The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …
Discovery And Adequate Plea Colloquys, R. Michael Cassidy
Discovery And Adequate Plea Colloquys, R. Michael Cassidy
R. Michael Cassidy
Dividing Crime, Multiplying Punishments, John F. Stinneford
Dividing Crime, Multiplying Punishments, John F. Stinneford
John F. Stinneford
When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will. This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and a …
From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer
From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer
Julian C. Juergensmeyer
No abstract provided.
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox
David Aaronson
No abstract provided.
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan Brody
Susan L. Brody
No abstract provided.
46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams
46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams
Thomas D. Lyon
The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.
45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon