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1998

Journal

Criminal Law

Institution
Keyword
Publication

Articles 1 - 30 of 146

Full-Text Articles in Law

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Nov 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …


Law, Language, And Lenity, Lawrence M. Solan Oct 1998

Law, Language, And Lenity, Lawrence M. Solan

William & Mary Law Review

No abstract provided.


Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer Sep 1998

Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer

Buffalo Public Interest Law Journal

No abstract provided.


Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith Sep 1998

Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith

Buffalo Public Interest Law Journal

No abstract provided.


Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford Sep 1998

Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford

BYU Law Review

No abstract provided.


Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey Sep 1998

Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey

West Virginia Law Review

No abstract provided.


Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey Sep 1998

Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey

Washington and Lee Law Review

No abstract provided.


Federal Sentencing Guidelines, Andrea Wilson Jul 1998

Federal Sentencing Guidelines, Andrea Wilson

Mercer Law Review

Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.


Criminal Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector Jun 1998

Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector

University of Michigan Journal of Law Reform

In recent years, Mexican narcotics trafficking has become a major threat to the security of the Americas. Mexican narco-traffickers have used their wealth and violence to corrupt political and judicial systems and avoid effective prosecution or penalty in Mexican courts. Historically, Mexico has refused to extradite its nationals in reliance on Mexican law prohibiting the extradition of nationals in all but "exceptional" cases. This Note argues that Mexico should take a step toward controlling the cross-border narcotics trade and recognize international drug trafficking as an "exceptional" crime. Upon recognizing narcotics crimes as "exceptional," Mexico should then begin extraditing Mexican narco-traffickers …


Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase Jun 1998

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.


The American Adversary System, William T. Pizzi Jun 1998

The American Adversary System, William T. Pizzi

West Virginia Law Review

No abstract provided.


Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez Jun 1998

Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez

Michigan Law Review

In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …


Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine Jun 1998

Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine

American University Law Review

No abstract provided.


European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel Jun 1998

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.


Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler Jun 1998

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.


Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger Jun 1998

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.


The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor May 1998

The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor

International Bulletin of Political Psychology

This article describes the problematic nature of child molestation for the rule of law.


The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss May 1998

The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss

Penn State International Law Review

No abstract provided.


Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab May 1998

Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab

Penn State International Law Review

No abstract provided.


Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander May 1998

Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander

Penn State International Law Review

No abstract provided.


Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker May 1998

Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker

Penn State International Law Review

No abstract provided.


Police And Thieves, Rosanna Cavallaro May 1998

Police And Thieves, Rosanna Cavallaro

Michigan Law Review

What is it about New York City that has, in the last few years, spawned a series of books attacking the criminal justice system and describing a community in which victims' needs are compelling while the rights of the accused are an impediment to justice? Why does this apocalyptic vision of the system persist, despite statistics demonstrating the sharpest decline in the city's and the nation's crime rates in decades? What explains the acute detachment from the accused that is at the core of this series of books? In Virtual Justice: The Flawed Prosecution of Crime in America, Richard Uviller …


Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears May 1998

Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears

BYU Law Review

No abstract provided.


Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler May 1998

Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler

Brigham Young University Journal of Public Law

No abstract provided.


Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro May 1998

Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro

Brigham Young University Journal of Public Law

No abstract provided.


The Color Line Of Punishment, Jerome H. Skolnick May 1998

The Color Line Of Punishment, Jerome H. Skolnick

Michigan Law Review

If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …


The Anatomy Of Disgust In Criminal Law, Dan M. Kahan May 1998

The Anatomy Of Disgust In Criminal Law, Dan M. Kahan

Michigan Law Review

My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.


Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee May 1998

Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee

Mercer Law Review

In Kansas v. Hendricks, the United States Supreme Court determined the constitutionality of a civil commitment statute that provides for possible indefinite confinement of sex offenders who are near the end of their prison sentences and who pose a threat to society and suffer from a "mental abnormality." In a five to four decision, the Court reversed the Kansas Supreme Court and upheld Kansas's Sexually Violent Predator Act ("SVPA"). In doing so, the Court declared the act nonpenal and rejected due process, double jeopardy, and ex post facto challenges.