Law Commons^™

The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem

Journal Publications

No abstract provided.

National Evaluation Of G.R.E.A.T., Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

How Much Should Mind Matter? Mens Rea In Theft And Fraud Sentencing, James Gibson

Law Faculty Publications

This article discusses the U.S. Sentencing Commission’s vote to potentially revise the definition of loss. Anyone who has followed the Commission's deliberations on loss will see that the proposed definition attempts to address many of the contentious issues that have arisen in the case law and commentary. The issues that the proposed definition concentrates on, however, such as credits, interest, causation, and gain, tend to inform the inquiry into "actual loss" rather than "intended loss," even though the latter concept is integral to both definitions. Although neither the current nor the proposed definition provides much guidance for working with intended …

Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave

Publications

This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …

"Possessing With Intent To Distribute" Under The Schoolyard Statute, Sonja R. West

Scholarly Works

This Comment proposes that courts should explicitly rather than implicitly distinguish the different types of defendants accused of possession with intent to distribute controlled substances within a school zone. Part I reviews the current state of the law on this issue and presents the legislative history and textual arguments involved in the debate over the mens rea requirement. Part II examines the factual circumstances at issue in the relevant cases and concludes that these factual circumstances, rather than competing statutory interpretations, lead to *1401 the different results. Finally, Part III emphasizes the need to recognize these implicit categories of offenses …

Age Patterns Of Victims Of Serious Violent Crime, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Sex Differences In Violent Victimization, 1994, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Violence-Related Injuries Treated In Hospital Emergency Departments, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Portable Guides To Investigating Child Abuse: An Overview, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Keeping Young People In School: Community Programs That Work, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

National Assessment Of The Byrne Formula Grant Program, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Is Your Best Woman Really A Man? Nurturing A New Image Of Women Criminal Defenders, Susan Rutberg

Publications

No abstract provided.

Criminal Victimization, 1973-95, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

The Kindred Client - Interview With Susan Rutberg, Jorge Aquino

Interviews

Prof. Susan Rutberg is interviewed about her defense of Attorney Stephen Bingham.

In this interview for The Recorder with freelance writer Jorge Aquino, Rutberg says Bingham's trial did more than present competing theories about what happened on an especially dark day in California history. Instead, she explains, the case became a referendum on Bingham's character: Was he, as Rutberg says, "an innocent client who was caught in a web of circumstantial evidence and who had led an exemplary life"? Or was Bingham, as a prison official put it, a "dilettante revolutionary" bent on undermining prison security?

Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Lifetime Likelihood Of Going To State Or Federal Prison, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Unequal Justice: The Federalization Of Criminal Law, Steven D. Clymer

Cornell Law Faculty Publications

From humble beginnings, federal substantive criminal law has grown to prohibit a wide range of conduct, including much that state criminal laws also proscribe. This expansion, commonly called federalization, has recently attracted substantial academic criticism. Some critics bemoan the federal government's intrusion into matters historically left to the states. Others denounce the burden on the federal judiciary of an increasing criminal caseload. However, there has been far less attention devoted to what may be the most troubling consequence of federalization: the dramatically disparate treatment of similarly situated offenders, depending on whether they are prosecuted in federal or state court. This …

Getting Serious About An International Criminal Court, Michael P. Scharf

Faculty Publications

No abstract provided.

Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent

All Faculty Scholarship

No abstract provided.

The Utility Of International Criminal Courts, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Cancelling Crime, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Criminal History And The Purposes Of Sentencing, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Without Narrative: Child Sexual Abuse, Lynne Henderson

Scholarly Works

No abstract provided.

"Three Strikes" And The Romero Case: The Supreme Court Restores Democracy, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson

All Faculty Scholarship

The United States Supreme Court decision in Payne v. Tennessee, upholding the use of victim impact statements in capital jury sentencing proceedings, marked one of the most dramatic reversals of a precedent in the history of United States constitutional jurisprudence. The decision in Payne expressly overruled Booth v. Maryland decided only four years earlier. The Booth case rejected the use of victim impact statements in capital sentencing cases that involved juries. In Payne, the Supreme Court made it clear that victims were entitled to offer, and juries were permitted to consider, the effect that a "death eligible" homicide had on …

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …

The Remoteness That Betrays Desire, Kenneth Anderson

Book Reviews

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene

Faculty Articles and Papers

Long after criminal laws have lost their vigor in the context for which they were drafted, they may rise again elsewhere. The American legal system has yet to develop a coherent policy delineating when or if historically unenforced penal statutes can be invoked in non-penal contexts. This issue is particularly evident in cases where the relevant laws are caught between shifting moral sentiments. Fornication, for example, remains illegal in many states,' but it is rarely prosecuted. Should one of the participants in this criminal act contract a sexually transmitted disease and sue her partner in tort, however, these disused statutes …