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Full-Text Articles in Law

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili Apr 2017

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are ...


Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye Jan 2015

Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye

Journal Articles

For over 130 years, scientific sleuths have been inspecting hairs under microscopes. Late in 2012, the FBI, the Innocence Project, and the National Association of Criminal Defense Lawyers joined forces to review thousands of microscopic hair comparisons performed by FBI examiners over several of those decades. The results have been astounding. Based on the first few hundred cases in which hairs were said to match, it appears that examiners “exceeded the limits of science” in over 90% of their reports or testimony. The disclosure of this statistic has led to charges that the FBI “faked an entire field of forensic ...


Teaching The Art Of Defending A White Collar Criminal Case, Katrice Bridges Copeland Jan 2014

Teaching The Art Of Defending A White Collar Criminal Case, Katrice Bridges Copeland

Journal Articles

This Article discusses the author's experience with effectively teaching a white collar crime course.


The Illustrated Guide To Criminal Law, Rebecca Mattson Sep 2013

The Illustrated Guide To Criminal Law, Rebecca Mattson

Law Library Faculty Works

No abstract provided.


Getting Beyond Intuition In The Probable Cause Inquiry, Erica R. Goldberg Jan 2013

Getting Beyond Intuition In The Probable Cause Inquiry, Erica R. Goldberg

Journal Articles

Courts are proudly resigned to the fact that the probable cause inquiry is “nontechnical.” In order to conduct a search or make an arrest, police need to satisfy the probable cause standard, which the Supreme Court has deemed “incapable of precise definition or quantification into percentages.” The flexibility of this standard enables courts to defer to police officers’ reasonable judgments and expert intuitions in unique situations. However, police officers are increasingly using investigative techniques that replace their own observational skills with test results from some other source, such as drug sniffing dogs, facial recognition technology, and DNA matching. The reliability ...


Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports Jan 1999

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Journal Articles

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint ...


Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports Jan 1991

Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports

Journal Articles

After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the ...


Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay Jan 1987

Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay

Penn State International Law Review

There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform ...