Law Commons^™

Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery

Faculty Scholarship

No abstract provided.

Ua12/2/1 Phase - Drugs On Campus, Wku Student Affairs

WKU Archives Records

Special magazine edition of the College Heights Herald:

• Grundy, Julie. Reality Check: We’re a Town That Has Drugs – Rebecca Maldonado, Student Health Services
• Bernardy, Patrick. Local Drug Use: A Slow But Steady Rise – WKU Police, Audrey Spies
• Quarles, Mitchell. Know the Downers: Jail, Fines, Probation
• Hutchins, Chris. I Did It Because It Was Fun . . . I Did Them to Escape – Drug Abuse
• Bernardy, Patrick. Marijuana No Worse than Alcohol
• Hieb, Dan. Drugs Steal Freedom; Don’t Create It

Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb

Cornell Law Faculty Publications

American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …

Section 5: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Testing Penry And Its Progeny , Deborah W. Denno

Faculty Scholarship

In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response” to the …

Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson

Book Reviews

This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human rights organizations.

Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek

Law Faculty Research Publications

No abstract provided.

Double Jeopardy, The Federal Sentencing Guidelines, And The Subsequent-Prosecution Dilemma, Elizabeth T. Lear

UF Law Faculty Publications

The choice to embrace a real-offense regime probably constitutes the single most controversial decision made by the Federal Sentencing Commission in drafting the Federal Sentencing Guidelines ("Guidelines"). Real-offense sentencing bases punishment on a defendant's actual conduct as opposed to the offense of conviction. The Guidelines sweep a variety of factors into the sentencing inquiry, including criminal offenses for which no conviction has been obtained. Under the Guidelines, therefore, prosecutorial charging decisions and even verdicts of acquittal after jury trial may have little impact at sentencing.

Long before the adoption of the Guidelines, courts bent on rationalizing the real-offense regime devised …

Unintended Consequences: The United States Supreme Court's Mission To Restrict Remedies For State Prisoners Backfires, Andrea Lyon

Law Faculty Publications

No abstract provided.

Law, Culture, And Harassment, Anita Bernstein

Faculty Scholarship

No abstract provided.

Foundations Of The Duty To Rescue, Steven J. Heyman

All Faculty Scholarship

No abstract provided.

Firearms And Violence, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Psychoactive Substances And Violence, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, And The Aclu, Susan Herman

Faculty Scholarship

No abstract provided.

The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin

Articles & Chapters

No abstract provided.

Overbroad Civil Forfeiture Statutes Are Unconstitutionally Vague, Deborah Duseau, David Schoenbrod

Articles & Chapters

No abstract provided.

Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

In Slime And Darkness: The Metaphor Of Filth In Criminal Justice, Martha Grace Duncan

Faculty Articles

An article such as this one, which seeks to examine the labyrinthine chains of meanings that we associate with illegal behavior, cries out for an interdisciplinary approach. Specifically, it demands a source that can reveal our unconscious as well as our conscious associations. Such a source is classical literature -- works of fiction that, by virtue of being read and loved through centuries and across continents, have proven their capacity to strike a responsive chord in their readers. Therefore, in Part II of this Article, I employ the classics, supplemented by occasional examples from contemporary fiction, history, and theology, to …

The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article closely examines the Supreme Court's decision in Strickland v. Washington, as it applies to effective assistance of trial counsel. Part III analyzes the constitutional origin and current status of the right to effective assistance of counsel on appeal. Part IV discusses the functional differences between trial and appellate counsel, the differences in the two forums, and the different effect that a finding of ineffectiveness of counsel at trial or on appeal has on finality. Part V formulates a standard to govern ineffectiveness of appellate counsel claims that incorporates Strickland's “reasonable competence” standard, but applies that standard differently with …

A Matter Of Evidence Or Of Law? Battered Women Claiming Self-Defense In California, Rachel A. Van Cleave

Publications

This essay examines the obstacles battered women face in the form of evidentiary rules and in the definitions of certain elements of self-defense, focusing specifically on the appellate court opinion in Aris. The essay then evaluates existing and pending legislation in California which has sought to undo the narrowing effected by Aris. Finally, the essay proposes statutory language which would be more effective in ensuring that battered women who kill their batterers in non-traditional confrontational situations may fully present their claims of self-defense. Where a defendant claims self-defense and presents evidence regarding the Battered Woman Syndrome ("BWS"), my …

California Criminal Justice Profile 1994: San Francisco County, California Department Of Justice

California Agencies

The annual Criminal Justice Profile series supplements and expands on the data provided in the Law Enforcement Information Center's (LEIC) "Crime and Delinquency in California." There is a separate Criminal Justice Profile for each county and the state. Most of the data included in these publications are reported to LEIC by state and local agencies. Other sources are noted.

Homicide In California, 1994, California Department Of Justice

California Agencies

No abstract provided.

A Case Of Clothing And Smell Obsession In A Bisexual Adult Woman, Marianne Wesson

Publications

No abstract provided.

Police Interrogation: The Privilege Against Self-Incrimination, The Right To Counsel, And The Incomplete Metamorphosis Of Justice White, 48 U. Miami L. Rev. 511 (1994), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.

Forced Prostitution: Naming An International Offense, Nora V. Demleitner

Scholarly Articles

This paper presents an argument for recognizing “forced prostitution” as an international of- fense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women’s customers can be held criminally liable. While the international debate has at- tempted to characterize forced prostitution as slavery, the term ”slavery” fails to evoke the images of all the violations that encompass forced prostitution. Were the United Nations and regional or- ganizations to acknowledge and label forced prostitution as an international crime, their member states would be required to enact domestic legislation outlawing and criminalizing it …

Whose Crime Is It Anyway?: Liability For The Lethal Acts Of Nonparticipants In The Felony, Michelle S. Simon

Elisabeth Haub School of Law Faculty Publications

This Article explores the methodology that courts should employ when determining the liability of a defendant under the felony-murder doctrine, where the perpetration of a felony results in the death of a nonparticipant in the crime by another nonparticipant. Part I of the Article addresses the history of the doctrine, the policies that have sustained it throughout history, and the modern statutory promulgations of the rule. Part II explores not only how courts have handled the doctrine's causation requirement, but also how legislatures have responded to this requirement. Further, Part II discusses the court-created theories of agency and proximate cause. …

The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Brecht is a paradigm of the Rehnquist Court's result-oriented approach to habeas corpus and harmless error. The decision purports to be a principled application of the policies of finality, federalism, and judicial economy that underlay the Court's new habeas and harmless error jurisprudence. It is, in fact, an unwarranted and unprincipled extension of those policies. Depending on how the lower federal courts interpret and implement the decision, Brecht could have a devastating impact on the way state prosecutors and judges administer criminal justice, as well as the ability of state prisoners to redress constitutional violations.

Sentencing: Capital Punishment, Jodi L. Short, Mark D. Spoto

Faculty Scholarship

No abstract provided.

The Theories Of Federal Habeas Corpus, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

"Other Crimes" Evidence In Sex Offense Cases, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.