Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

Presenter: Correcting A False Step: Rethinking The “Actual Expenses” Affirmative Defense To The Texas Constructive Trust Fund Act, Wayne Barnes Nov 2014

Presenter: Correcting A False Step: Rethinking The “Actual Expenses” Affirmative Defense To The Texas Constructive Trust Fund Act, Wayne Barnes

Wayne R. Barnes

No abstract provided.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly Nov 2014

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly

Peter R. Reilly

No abstract provided.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly Nov 2014

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly

Peter R. Reilly

No abstract provided.


Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison Oct 2014

Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison

Caren Myers Morrison

David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets. To support his argument, Jaros adopts the tenets of neoclassical deterrence theory, which assume that criminalizing an activity will deter its occurrence. But the model Jaros employs has its limits. The weakness of a rational choice account of criminal markets is that it relies so heavily on the assumption that prospective criminals will be aware of, and swayed by, criminal laws that might in fact be quite …


Note, Encouraging Allocution At Capital Sentencing: A Proposal For Use Immunity, Caren Morrison Oct 2014

Note, Encouraging Allocution At Capital Sentencing: A Proposal For Use Immunity, Caren Morrison

Caren Myers Morrison

This Note considers the self-incrimination dilemma raised by a capital defendant's allocution statements at the sentencing phase of his trial. Allocution gives a defendant the opportunity to make a direct plea to the sentencing judge or jury. However, in a system where reversals are common, admissions made at sentencing in one trial may be used against the defendant at retrial, chilling the practice. After examining the origins of this country's bifurcated system of capital punishment and tracing the evolution of the common law right of allocution, the author contends that this ancient practice should assume a greater role in the …


Keynote Address, Criminal Justice Policy In America, R. Michael Cassidy Sep 2014

Keynote Address, Criminal Justice Policy In America, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Panelist, Cnn Panel Discussing The Film Whitey: Usa V. James J. Bulger, Robert Bloom Sep 2014

Panelist, Cnn Panel Discussing The Film Whitey: Usa V. James J. Bulger, Robert Bloom

Robert M. Bloom

No abstract provided.


Panel Discussion, Jimmy Gurule Jun 2014

Panel Discussion, Jimmy Gurule

Jimmy Gurule

No abstract provided.


The Effect Of Hawaii’S Ban The Box Law On Repeat Offending, Stewart D'Alessio, Lisa Stolzenberg, Jamie Flexon Feb 2014

The Effect Of Hawaii’S Ban The Box Law On Repeat Offending, Stewart D'Alessio, Lisa Stolzenberg, Jamie Flexon

Lisa Stolzenberg

The social stigma accompanying an official criminal record hinders the ability of an individual to acquire quality and stable employment, which is problematic because of the often reported nexus between unemployment and criminal behavior. Ban the box laws that limit an employer’s use of criminal background checks during the hiring process are being established across the country to help integrate ex-offenders into the labor force. The current study investigates whether Hawaii’s 1998 ban the box law reduced repeat offending in Honolulu County. Logistic regression results show that a criminal defendant prosecuted in Honolulu for a felony crime was 57% less …


Sex Trafficking Laws In East Tennessee, Cheryl George Professor Jan 2014

Sex Trafficking Laws In East Tennessee, Cheryl George Professor

Cheryl Page

No abstract provided.


A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger Dec 2013

A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger

Robert M. Sanger

Scientific or expert testimony is often critical in criminal cases. The Supreme Court has established that the trial judge is the "gatekeeper" who is to determine what evidence is allowed before the jury. The current rules of evidence are not organized in a way that makes this task readily intelligible. This chapter proposes a more direct our-step process to accomplish the gatekeeping function.