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Full-Text Articles in Law

Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham Nov 2015

Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham

Clark D. Cunningham

If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace.


The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos Oct 2015

The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos

Jamie Cameron

When the Charter of Rights and Freedoms turned twenty-five in 2007, Professors Jamie Cameron and James Stribopoulos organized a conference which brought together leading thinkers on the Charterand criminal justice. A strong faculty of academics, judges and practitioners debated and discussed the Charter's impact on criminal justice. The papers from this conference, which have now been edited by Professors Cameron and Stribopoulos, provide a fascinating look at how the Charter has transformed the Canadian criminal justice system.


State V. Stone: Problems And Case File, James Seckinger Jun 2015

State V. Stone: Problems And Case File, James Seckinger

James H. Seckinger

No abstract provided.


Criminal Trial Advocacy, J. Smithburn Jun 2015

Criminal Trial Advocacy, J. Smithburn

J. Eric Smithburn

No abstract provided.


Criminal Trial Advocacy, James Seckinger Jun 2015

Criminal Trial Advocacy, James Seckinger

James H. Seckinger

No abstract provided.


Problems And Cases In Criminal Trial Advocacy, James Seckinger, Donald Beskind Jun 2015

Problems And Cases In Criminal Trial Advocacy, James Seckinger, Donald Beskind

James H. Seckinger

No abstract provided.


United States V. Peters Case File, James Seckinger, Kenneth Broun. Jun 2015

United States V. Peters Case File, James Seckinger, Kenneth Broun.

James H. Seckinger

No abstract provided.


International Criminal Law: Cases And Materials, Jimmy Gurule, Jordan Paust, Bruce Zagaris, Leila Sadat, Michael Scharf, M. Cherif Bassiouni Jun 2015

International Criminal Law: Cases And Materials, Jimmy Gurule, Jordan Paust, Bruce Zagaris, Leila Sadat, Michael Scharf, M. Cherif Bassiouni

Jimmy Gurule

The fourth edition has been significantly updated, especially to reflect case trends in the International Criminal Court and the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity). Some of the chapters have new sub-subtitles and relevant domestic cases have been added or noted in various chapters. There are also additions to the Documents Supplement.


Complex Criminal Litigation: Prosecuting Drg Enterprises And Organized Crime. 3rd Edition., Jimmy Gurule Jun 2015

Complex Criminal Litigation: Prosecuting Drg Enterprises And Organized Crime. 3rd Edition., Jimmy Gurule

Jimmy Gurule

Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an …


Complex Criminal Litigation: Prosecuting Drug Enterprises And Organized Crime. 2nd Edition., Jimmy Gurule Jun 2015

Complex Criminal Litigation: Prosecuting Drug Enterprises And Organized Crime. 2nd Edition., Jimmy Gurule

Jimmy Gurule

No abstract provided.


United States V. William Lloyd, Jimmy Gurule Apr 2015

United States V. William Lloyd, Jimmy Gurule

Jimmy Gurule

No abstract provided.


Jones, Lackey, And Teague, Richard Broughton Feb 2015

Jones, Lackey, And Teague, Richard Broughton

Richard Broughton

In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …


Jones, Lackey, And Teague, Richard Broughton Jan 2015

Jones, Lackey, And Teague, Richard Broughton

Richard Broughton

In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …


Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Mourer Dec 2014

Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Mourer

Sarah Mourer

This article examines the prosecutor’s and defense attorney’s personal pre-trial beliefs regarding the accused’s guilt or innocence. This analysis suggests that when an attorney does hold pretrial beliefs, such beliefs lead to avoidable bias and errors. These biases may alter the findings throughout all stages of the case. The procedure asking that the prosecution seek justice while having nothing more than probable cause results in the prosecutor’s need to have a belief in guilt before proceeding to trial. While this belief is intended to foster integrity and fairness in the criminal justice system, to the contrary, it actually contributes to …


Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid Dec 2014

Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters Got It Wrong, Melanie M. Reid

Melanie M. Reid

No abstract provided.