Law Commons^™

Random Gunfire Problems And Gunshot Detection Systems, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Women Offenders, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Youth Gang Drug Trafficking, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Reporting Crimes Against Juveniles, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Families And Schools Together: Building Relationships, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Evaluation Of The Children At Risk Program: Results L Year After The End Of The Program, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

High Crimes And Misdemeanors: Defining The Constitutional Limits On Presidential Impeachment, Frank O. Bowman Iii, Stephen L. Sepinuck

Faculty Publications

This Article had its genesis in a statement by the authors submitted to the House Judiciary Committee during its proceedings regarding the impeachment of President Clinton. This final much expanded version appears after the conclusion of the Clinton impeachment proceedings in the Senate, and it is certainly informed by the course those proceedings took. Strictly speaking, however, this is not an article “about” the Clinton impeachment. Although this Article draws some conclusions from the treatment by the House and Senate of the fundamental allegations against President Clinton, it does not address in detail the specific facts underlying those allegations. The …

School And Community Interventions To Prevent Serious And Violent Offending, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

Not available.

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

Scholarly Publications

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …

Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Formal Legal Truth And Substantive Truth In Judicial Fact-Finding – Their Justified Divergence In Some Particular Cases, Robert S. Summers

Cornell Law Faculty Publications

Truth is a fundamental objective of adjudicative processes; ideally, ‘substantive’ as distinct from ‘formal legal’ truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. ‘Jury nullification’ and ‘jury equity’. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

Community Policing And Youth, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Punishment As Atonement, Stephen P. Garvey

Cornell Law Faculty Publications

How would punishment work in an ideal community, one in which the members of the community identify with one another? In this article, Professor Stephen Garvey argues that punishment in such a community would be understood as a form of secular penance and would form part of the process by which the wrongdoer atones for his wrongdoing. Compared to this account of punishment, which Garvey calls "punishment as atonement," other accounts fall short. The older and dominant approaches of utilitarianism and retributivism offer justifications for punishment that ignore the goal of atonement. Newer approaches, restorativism and libertarianism, recognize the importance …

Report On Arrests For Domestic Violence In California, 1998, Office Of The Attorney General

California Agencies

No abstract provided.

Report On Arrests For Burglary In California, 1998, Office Of The Attorney General

California Agencies

No abstract provided.

Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb

Cornell Law Faculty Publications

This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement.

In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation. …

Departing Is Such Sweet Sorrow: A Year Of Judicial Revolt On "Substantial Assistance" Departures Follows A Decade Of Prosecutorial Indiscipline (Prosecution Law Symposium), Frank O. Bowman Iii

Faculty Publications

the first section of this essay is devoted to demonstrating the courts' errors. Nonetheless, considered together, these opinions are perhaps an understandable reflection of judicial unease with an important component of the federal sentencing system — the longstanding, but increasingly common, practice of making deals with criminal defendants to reduce their sentences in return for testimony against their accomplices. This Article's second section will consider the most common criticisms of the system of bargaining for testimony under the United States Sentencing Guidelines (the Guidelines) to determine whether Singleton and Sealed Case may be good policy even if they are bad …

Offenders In Juvenile Court, 1996, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Defending Substantial Assistance: An Old Prosecutor's Meditation On Singleton, Sealed Case, And The Maxfield-Kramer Report, Frank O. Bowman Iii

Faculty Publications

This essay begins with a brief analysis of the panel and en banc opinions in Sealed Case and Singleton, and then turns to the more arresting question of whether the panel decisions were transitory aberrations or something more. Particularly if one considers Singleton and Sealed Case together with the Sentencing Commission's staff report on substantial assistance practice (the “Maxfield - Kramer Report”), it is difficult to escape the conclusion that unease with the current substantial assistance regime is growing. Unlike many observers, I view §5K1.1 as a very good thing, an invaluable prosecutorial tool against group criminality, but a tool …

Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan

Scholarly Publications

No abstract provided.

Views From The Drugs Summit, Mark Findlay

Research Collection Yong Pung How School Of Law

The jury is still out on whether the Drugs Summit was a political set piece. The Opposition participants regularly accused the Government of just that. Without doubt, however, it was the reaction of the Opposition which was orchestrated and pre-conceived.

Dwi Offenders Under Correctional Supervision, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky

Cornell Law Faculty Publications

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …

Report On Arrests For Driving Under The Influence In California, 1997, Office Of The Attorney General

California Agencies

No abstract provided.

Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen

Articles

No abstract provided.

What Rape Is And What It Ought Not Be, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Sex, Rape And Shame, Katharine K. Baker

All Faculty Scholarship

This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …

Text, Context And The Problem With Rape, Katharine K. Baker

All Faculty Scholarship

No abstract provided.