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Articles 1 - 30 of 93
Full-Text Articles in Law
Criminal Law, Frank C. Mills Iii
Criminal Law, Frank C. Mills Iii
Mercer Law Review
This year's legislatively enacted criminal discovery law will be the most influential change in criminal law in many years. Only slightly less significant is the Georgia constitutional enactment of a true life-without- parole sentence. Both changes will vastly increase the cost of the criminal justice system to the taxpayer. The latter will probably increase the cost of crime to the criminal. These legislative events dwarf any changes by the courts.
Nevertheless, there are many cases of substantial note in the survey period for this year. The procedure and proper charge to the jury for an abandonment trial was changed. Apparently …
The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence
The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence
Michigan Law Review
This article explores how bias crimes differ from parallel crimes and why this distinction makes a crucial difference in our criminal law. Bias crimes differ from parallel crimes as a matter of both the resulting harm and the mental state of the offender. The nature of the injury sustained by the immediate victim of a bias crime exceeds the harm caused by a parallel crime. Moreover, bias crimes inflict a palpable harm on the broader target community of the crime as well as on society at large, while parallel crimes do not generally cause such widespread injury.
The distinction between …
Abortion And Violence, Ruth Colker
Abortion And Violence, Ruth Colker
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Marital Rape: A Higher Standard Is In Order, Linda Jackson
Marital Rape: A Higher Standard Is In Order, Linda Jackson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis
Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis
Indiana Law Journal
No abstract provided.
Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill
Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill
Dalhousie Law Journal
Given its primacy and exceptionality in the Nova Scotian context, Wilkie both exemplifies the judiciary's role in official repression, and instantiates the importance of what Wright calls "the ideological mechanisms of the criminal law" in prescribing the outer limits of legitimate political discourse. This paper examines the first known use by the government of Nova Scotia of the eighteenth-century, judicially-invented misdemeanour of seditious libel in order to silence and punish criticism of the ruling eite. As Nova Scotia had neither indigenous caselaw, nor statutory legislation to supplement and reinforce the common law offence-Upper Canada's SeditionAct (1804) was still in full …
Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley
Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley
Dalhousie Law Journal
Sentencing is traditionally regarded as one of the most difficult and challenging functions of the criminal justice system. In arriving at the appropriate sanction to be imposed upon an offender, a court must reconcile the principles and objectives of the criminal law with the criminal act committed, the circumstances surrounding its commission, and the character of the offender who committed it. The court must, with the guidance of a few abstract, broadly philosophical, and often contradictory principles of sentencing, decide upon a sanction which is appropriate in the very concrete and factually specific case within which it is presented. This …
The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz
The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz
Washington and Lee Law Review
No abstract provided.
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson
Florida State University Law Review
No abstract provided.
Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris
Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris
Indiana Law Journal
No abstract provided.
Words And Sentences: Penalty Enhancement For Hate Crimes, Shirley S. Abrahamson, Susan Craighead, Daniel N. Abrahamson
Words And Sentences: Penalty Enhancement For Hate Crimes, Shirley S. Abrahamson, Susan Craighead, Daniel N. Abrahamson
University of Arkansas at Little Rock Law Review
No abstract provided.
Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess
Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess
University of Michigan Journal of Law Reform
Part I of this Note examines the current legal landscape regarding a defendant's waiver of the right to confrontation. This Part explores the justifications courts have provided for finding a waiver of the confrontation right, both through the use of the traditional "intentional relinquishment of a known right" standard and the less precise formulations of waiver found in cases of defendant misconduct. Part II offers a critique of the reasoning courts employ to find waiver of the right to confrontation. In the process, the analysis explores general theories of waiver which have been advanced by other commentators. In so doing, …
Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau
Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau
Michigan Law Review
A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey
Felony-Murder Doctrine Through The Federal Looking Glass, Henry S. Noyes
Felony-Murder Doctrine Through The Federal Looking Glass, Henry S. Noyes
Indiana Law Journal
No abstract provided.
The New Law Of Murder, Daniel Givelber
Stretching The "Terry" Doctrine To The Search For Evidence Of Crime: Canine Sniffs, State Constitutions, And The Reasonable Suspicion Standard, Kenneth L. Pollack
Stretching The "Terry" Doctrine To The Search For Evidence Of Crime: Canine Sniffs, State Constitutions, And The Reasonable Suspicion Standard, Kenneth L. Pollack
Vanderbilt Law Review
The Fourth Amendment, protects an individual's interest in freedom from unreasonable government intrusions into personal privacy. When a court finds an investigative technique to be a search within the Amendment's meaning, it effectively concludes that Fourth Amendment protection should apply. If the government activity constitutes a search, that activity must be reasonable. If the activity does not amount to a search, however, the government enjoys virtual freedom to conduct that activity as unreasonably as it pleases. For pure investigatory searches, the United States Supreme Court has found that the probable cause requirement strikes the proper balance in defining reasonableness. Unlike …
"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman
"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman
Dalhousie Law Journal
While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …
Administrative Subpoenas And The Grand Jury: Converging Streams Of Criminal And Civil Compulsory Process, Graham Hughes
Administrative Subpoenas And The Grand Jury: Converging Streams Of Criminal And Civil Compulsory Process, Graham Hughes
Vanderbilt Law Review
Litigation depends on information. In the last few decades, discovery in civil cases has been dramatically extended in order to move toward a position in which litigants' files are open to other parties with very few restrictions.' This movement in civil cases has been relatively smooth, for its merits in terms of economy and efficiency can be fortified by pointing to its even-handed mutuality and reciprocity. In criminal cases, by contrast, courts at one time thought that any considerable expansion in discovery must be rejected because the constraints of the Fifth Amendment's self-incrimination clause would bar the exercise of compulsion …
The Foreign Intelligence Surveillance Act And The Fourth Amendment: Time To Legislate A Criminal Standard For Probable Cause, Joseph M. Teefey Jr.
The Foreign Intelligence Surveillance Act And The Fourth Amendment: Time To Legislate A Criminal Standard For Probable Cause, Joseph M. Teefey Jr.
University of the District of Columbia Law Review
No abstract provided.
Challenging Prosecutorial Peremptory Challenges: Little V. United States, Suzanne Frare
Challenging Prosecutorial Peremptory Challenges: Little V. United States, Suzanne Frare
University of the District of Columbia Law Review
No abstract provided.
Mihas V. United States, Jennifer Fox
Mihas V. United States, Jennifer Fox
University of the District of Columbia Law Review
No abstract provided.
From Social Safety Net To Dragnet: African American Males In The Criminal Justice System, Jerome G. Miller
From Social Safety Net To Dragnet: African American Males In The Criminal Justice System, Jerome G. Miller
Washington and Lee Law Review
No abstract provided.
Reflections On The "Inevitability" Of Racial Discrimination In Capital Sentencing And The "Impossibility" Of Its Prevention, Detection, And Correction, David C. Baldus, George Woodworth, Charles A. Pulaski, Jr.
Reflections On The "Inevitability" Of Racial Discrimination In Capital Sentencing And The "Impossibility" Of Its Prevention, Detection, And Correction, David C. Baldus, George Woodworth, Charles A. Pulaski, Jr.
Washington and Lee Law Review
No abstract provided.
A Minority View Of Juvenile "Justice", Coramae Richey Mann
A Minority View Of Juvenile "Justice", Coramae Richey Mann
Washington and Lee Law Review
No abstract provided.
Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman
Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman
Washington and Lee Law Review
No abstract provided.
Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly
Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly
Washington and Lee Law Review
No abstract provided.
The Police And Violent Crime, Joseph D. Mcnamara
The Police And Violent Crime, Joseph D. Mcnamara
Washington and Lee Law Review
No abstract provided.
Building Bridges: A Personal Reflection On Race, Crime, And The Juvenile Justice System, Fay Wilson Hobbs
Building Bridges: A Personal Reflection On Race, Crime, And The Juvenile Justice System, Fay Wilson Hobbs
Washington and Lee Law Review
No abstract provided.
The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland
The Admission Of Hearsay Evidence Where Defedant Misconduct Causes The Unavailability Of A Prosecution Witness, Paul T. Markland
American University Law Review
No abstract provided.
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Florida State University Law Review
No abstract provided.