Law Commons^™

Surprise Symphony: The Supreme Court’S Major Criminal Law Rulings Of The 2002 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Appellate Division, Fourth Department, People V. Cortes, Jennifer Feldman

Touro Law Review

No abstract provided.

A Year To Remember: The Supreme Court's Fourth, Fifth, And Sixth Amendment Jurisprudence For The 2003 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

The Linchpin Of Identification Evidence: The Unreliability Of Eyewitnesses And The Need For Reform In West Virginia, Jared T. Dotson

West Virginia Law Review

No abstract provided.

Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener

Pace International Law Review

This article examines the application of the defense of duress by international criminal tribunals through analyzing opposing theoretical approaches to justifications and excuses. The purpose of this examination is twofold. First, the article offers a framework for duress’s application by examining scholarly approaches to duress and by analyzing the application of the defense by international tribunals. This analysis includes the tribunals constituted following the Second World War and International Criminal Tribunal for the Former Yugoslavia (ICTY). Second, the article provides insight into the underlying rationales that guide judges at the international tribunals in the last decade through the judges’ application …

Book Review Of Representing Justice: Invention, Controversy, And Rights In The City-States, And Democratic Courtrooms, By Judith Resnik And Dennis Curtis, Amy Widman

Journal of Legal Education

No abstract provided.

United States V. Erwin And The Folly Of Intertwined Cooperation And Plea Agreements, Kevin Bennardo

Washington and Lee Law Review Online

Cooperation agreements and plea agreements are separate and independent promises by criminal defendants to: (1) assist the Government in the prosecution of another person and (2) plead guilty. A defendant’s breach of one should not affect the Government’s obligation to perform under the other. All too often, however, these agreements are inappropriately intertwined so that a minor breach of the plea agreement relieves the Government of its obligation to move for a downward sentencing departure in recognition of the defendant’s substantial assistance. This intertwining undermines sentencing policy as set forth in the federal sentencing statute. Thus, a district court should …

Time To Unpack The Juggernaut?: Reflections On The Canadian Federal Parliamentary Debates On "Cyberbullying", Jane Bailey

Dalhousie Law Journal

Cyberbullying has come to the fore in federal parliamentary debate largely in the last two years in tandem with high profile media reporting of several teen suicides. The government responded with the Protecting Canadians from Online Crime Act that incorporates, among other things, criminal law responses to nonconsensual distribution of intimate images and gender-based hate propagation, but only at the expense of expanded state surveillance. However, a review of the parliamentary debates reveals a richer array of approaches in which the efficacy of criminal law responses was contested. This article reports on the diversity of viewpoints that emerged within the …

Teaching Fiction?: The Wire As A Pedagological Tool In The Examination Of Punishment Theory, Kristin Henning

Journal of Legal Education

No abstract provided.

Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence, Kelly M. Driscoll

Montana Law Review

Severing Ties: The Case For Indefinite Orders Of Protection For Survivors Of Domestic Violence

The Shame Game: Montana's Right To Privacy For Level 1 Sex Offenders, Johnna Preble

Montana Law Review

The Shame Game: Montana's Right To Privacy For Level 1 Sex Offenders

The Pedagogy Of Rape Law: Objectivity, Identity And Emotion, Jennifer M. Denbow

Journal of Legal Education

No abstract provided.

Teaching The Wire: Crime, Evidence And Kids, Andrea L. Dennis

Journal of Legal Education

No abstract provided.

Teaching Scholarship Through A Seminar On The Wire, Josephine Ross

Journal of Legal Education

No abstract provided.

Is There A Remedy For The Irrelevance Of Academic Criminal Law?, Franklin E. Zimring

Journal of Legal Education

No abstract provided.

The Experiential Sabbatical, Martin H. Pritikin

Journal of Legal Education

No abstract provided.

Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger A. Fairfax Jr.

Journal of Legal Education

No abstract provided.

The Wire As A Gap-Filling Class On Criminal Law And Procedure, Adam M. Gershowitz

Journal of Legal Education

No abstract provided.

Hbo's The Wire And Criminal Procedure: A Match Made In Heaven, Brian R. Gallini

Journal of Legal Education

No abstract provided.

"Stand Your Ground" In Context: Race, Gender, And Politics, Donna Coker

University of Miami Law Review

No abstract provided.

The System Of Modern Criminal Conspiracy, Steven R. Morrison

Catholic University Law Review

No abstract provided.

The Punishment Should Fit The Crime—Not The Prior Convictions Of The Person That Committed The Crime: An Argument For Less Impact Being Accorded To Previous Convictions, Mirko Bagaric

San Diego Law Review

The seriousness of the offense is the main consideration that should determine the severity of criminal punishment. This cardinal sentencing principle is undermined by the reality that often the criminal history of the offender is the most decisive sentencing consideration. Recidivists are frequently sent to imprisonment for long periods for crimes, which, when committed by first-time offenders, are dealt with by a bond, probation, or a fine. This makes sentencing more about an individual’s profile than the harm caused by the offender and has contributed to a large increase in prison numbers. Intuitively, it feels right to punish repeat offenders …

The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law? , Michael Vitiello

Nevada Law Journal

No abstract provided.

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

Yes, We Were Wrong;No, We Will Not Make It Right: The Seventh Circuit Denies Post-Conviction Relief From An Undisputed Sentencing Error Because It Occurred In The Post- Booker, Advisory Guidelines Era, Gregory S. Dierdorf

Seventh Circuit Review

Federal courts disfavor granting collateral relief from final criminal judgments. This mentality is premised on a need for finality in the criminal process; the idea that, at some point, a criminal case must come to an end. Post-conviction relief is available, however, where an error in the trial court causes a miscarriage of justice that must be remedied to preserve the integrity of the criminal justice system.

For example, the Seventh Circuit has granted post-conviction relief where the sentencing court miscalculated the defendant's prison sentence by misapplying the career offender-sentencing enhancement under the then-binding Federal Sentencing Guidelines. However, the court …

Don't Break The Safety Valve's Heart: How The Seventh Circuit Superimposes Substantial Assistance On The Mandatory Minimum Safety Valve's Complete Truthful Disclosure Requirement, Adrienne N. Kitchen

Seventh Circuit Review

Congress passed the safety valve to mitigate the disparate and often harsh sentences mandatory minimums impose on low-level drug defendants. But judicial interpretation continues to impose disparate sentences. In 2014, in United States v. Acevedo-Fitz, the Seventh Circuit reaffirmed its position in an ongoing circuit split regarding the safety valve. The safety valve requires defendants to meet five criteria, the fifth—sometimes called the heart of the safety valve—requires defendants provide complete truthful disclosure to prosecutors prior to sentencing. Judges interpret this requirement as imposing a burden on defendants to prove they met all five criteria without requiring the government …

In Defense Of Liberty, Bobby Lee Cook

Tennessee Journal of Law and Policy

No abstract provided.

The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness

West Virginia Law Review

No abstract provided.

Furman, After Four Decades, J. Thomas Sullivan

University of Massachusetts Law Review

Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …