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Articles 1 - 24 of 24
Full-Text Articles in Law
Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr.
Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr.
Donna M. Hughes
Pedagogy Of Rape Shield Laws: Using Procedure To Teach Doctrine, Malinda Seymore
Pedagogy Of Rape Shield Laws: Using Procedure To Teach Doctrine, Malinda Seymore
Malinda L. Seymore
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …
Analysis Of The Arrest Of A Pimp And The Identification Of A Victim, Donna M. Hughes Dr.
Analysis Of The Arrest Of A Pimp And The Identification Of A Victim, Donna M. Hughes Dr.
Donna M. Hughes
Access To Justice, Andrew J. Cannon
Access To Justice, Andrew J. Cannon
Andrew J Cannon
An overview of the ways that access to justice is rationed and ways to improve then
Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller
Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller
Steven L. Chanenson
No abstract provided.
The Case Of Weak Will And Wayward Desire., Vera Bergelson
The Case Of Weak Will And Wayward Desire., Vera Bergelson
Vera Bergelson
In this article, I confront Garvey¡¯s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey¡¯s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey¡¯s …
Rights, Wrongs, And Comparative Justifications, Vera Bergelson
Rights, Wrongs, And Comparative Justifications, Vera Bergelson
Vera Bergelson
The goal of this article is to rethink the relationship between the concepts of justification and wrongdoing, which play vital roles in the theory of criminal law. Reading George P. Fletcher’s new book, The Grammar of Criminal Law, in the context of his earlier scholarship has led me to one major disagreement with Fletcher as well as with the traditional criminal law doctrine: for Fletcher and many others, wrongdoing and justification mutually exclude each other; for me, they do not. Consider a hypothetical: a group of people are captured by criminals. The criminals are about to kill everyone but then …
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
Mark F. Grady
One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …
Advantages And Disadvantages Of The Adversarial System In Criminal Proceedings, William Van Caenegem
Advantages And Disadvantages Of The Adversarial System In Criminal Proceedings, William Van Caenegem
William Van Caenegem
Extract: In this sub-section the advantages and disadvantages of the adversarial system are investigated with reference to the most well-known (and closely affiliated) alternative, the (so-called) inquisitorial system prevalent in continental Europe, and in a large number of other nations, including some in our region.
The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt
The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt
Steven L. Chanenson
No abstract provided.
Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding
Evidence-Based Sentencing: The Science Of Sentencing Policy And Practice, Richard Redding
Richard E. Redding
Sentencing is where much of the action is in criminal practice, particularly since ninety percent or more of cases never go to trial but are settled through plea bargains. Acting within the constraints of applicable presumptive or mandatory sentencing guidelines, probation officers, prosecutors, defense attorneys, and judges typically rely on their instincts and experience to fashion a sentence based upon the information available about the offense and offender. But relying upon gut instinct and experience is no longer sufficient. It may even be unethical – a kind of sentencing malpractice that produces sentencing recommendations and decisions that are neither transparent …
Heller’S Constitutional Dialogue: How The Supreme Court’S Choice Of Language In District Of Columbia V. Heller Is Instructive For Anticipating Future Interpretations Of The Second Amendment., Jason E. Niehaus
Jason E Niehaus
This article was an analysis of the language used by the Supreme Court in its decision in District of Columbia v. Heller to predict (ultimately correctly) the Court's later ruling regarding the Incorporation of the Second Amendment.
Alford Pleas In The Age Of Innocence, Allison D. Redlich, Asil Ozdogru
Alford Pleas In The Age Of Innocence, Allison D. Redlich, Asil Ozdogru
Allison D Redlich
No abstract provided.
Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii
Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii
William W Berry III
Federal law, unbeknownst to many, includes a provision that permits the immediate release of federal prisoners. This safety valve provision requires that the Director of the Bureau of Prisons make a motion on behalf of the prisoner in order to secure the prisoner's compassionate release. Far from being a veiled version of parole, this compassionate release provision is to be used only in circumstances deemed "extraordinary and compelling." While the Bureau of Prisons has read this language very narrowly for many years, considering only terminally ill inmates as candidates for compassionate release, the Sentencing Commission modified its Guideline commentary in …
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
R. Michael Cassidy
No abstract provided.
Appointed To Equal Justice Act Panel, United States Court Of Appeals For The First Circuit (2009-Present), Sharon Beckman
Appointed To Equal Justice Act Panel, United States Court Of Appeals For The First Circuit (2009-Present), Sharon Beckman
Sharon Beckman
No abstract provided.
Of Guilt, Defiance, And Repentance: Evidence From The Texas Death Chamber, Danielle Dirks, S.K. Rice, J.J. Exline
Of Guilt, Defiance, And Repentance: Evidence From The Texas Death Chamber, Danielle Dirks, S.K. Rice, J.J. Exline
Danielle Dirks
No abstract provided.
Das Bundesverfassungsgericht: Procedure, Practice And Policy Of The German Federal Constitutional Court, Russell Miller, Donald Kommers
Das Bundesverfassungsgericht: Procedure, Practice And Policy Of The German Federal Constitutional Court, Russell Miller, Donald Kommers
Russell A. Miller
No abstract provided.
Constitutionality Of Voter Id Laws In The United States, Naoki Kanaboshi
Constitutionality Of Voter Id Laws In The United States, Naoki Kanaboshi
Naoki Kanaboshi
In Japanese.
Hydraulic Pressures And Slight Deviations, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
Erik Luna
No abstract provided.
Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson
Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson
Steven L. Chanenson
No abstract provided.
Probability, Probable Cause, And The Law Of Unintended Consequences, Lawrence Rosenthal
Probability, Probable Cause, And The Law Of Unintended Consequences, Lawrence Rosenthal
Lawrence Rosenthal
This brief essay responds to Max Minzer's article "Putting Probability Back into Probable Cause." The essay supports Professor Minzer's proposal for the use of empirical evidence of the success of a given investigating officer or investigative technique in assessing the existence of probable cause to search or seize, but offers a caveat. If an officer's "hit rate" becomes central to Fourth Amendment analysis, there is a serious danger of overdeterrence which, in turn, could lead to a dangerous escalation in violent crime. The essay offers some proposals for minimizing the risk of overdeterrence in an empirically-based regime of probable cause.