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Articles 1 - 30 of 284
Full-Text Articles in Law
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
University of Michigan Journal of Law Reform
After the verdicts in the OJ Simpson and Stacey Koon/Laurence Powell cases, many in the press explained the juries' acquittals as instances of jury nullification. However these were unlikely to have been instances of nullification, particularly because the jurors explained that their verdicts were based on reasonable doubt. One motivation for these false claims of jury nullification was the homogeneity of the juries-a largely African-American jury in the case of Simpson and a largely white jury in the case of Koon/Powell. Nullification became the term by which press and public attempted to discredit verdicts rendered by juries they distrusted. A …
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
University of Michigan Journal of Law Reform
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 …
Random Gunfire Problems And Gunshot Detection Systems, Us Department Of Justice
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
Women Offenders, Us Department Of Justice
National Institute of Justice Office of Justice Programs
No abstract provided.
The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin
The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin
Michigan Law Review
Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Act") to unify and rationalize its treatment of drug offenses. The Act was an enormous piece of legislation, requiring months of congressional hearings before it was passed. Today, the Act encompasses over 150 sections of title 21 of the U.S. Code and regulates behavior ranging from manufacturing and mislabeling to prescribing controlled substances. Like any piece of complex legislation, the Act has spawned its share of litigation. One controversy has defied satisfactory resolution: the meaning of the innocuous phrase, "the offense," in section 851(a)(2). The statute's structure …
Youth Gang Drug Trafficking, Us Department Of Justice
Youth Gang Drug Trafficking, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
Reporting Crimes Against Juveniles, Us Department Of Justice
Reporting Crimes Against Juveniles, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
Families And Schools Together: Building Relationships, Us Department Of Justice
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
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.
Witch Doctors And Battleship Stalkers: The Edges Of Exculpation In Entrapment Cases, John F. Preis
Witch Doctors And Battleship Stalkers: The Edges Of Exculpation In Entrapment Cases, John F. Preis
Vanderbilt Law Review
The bumbling criminal has long been humorous to the law-abiding. Take, for example, a man recently intent on robbing a bank. The man entered a Bank of America bank, grabbed a deposit slip, and wrote on it "This iz a stikkup. Put all your muny in this bag."' While waiting in line for a teller, he became worried that someone had seen him write the note and would inform the police. Thus, he exited the bank, walked across the street to the Wells Fargo bank, and gave the note to a teller. The teller, probably sensing his lack of dangerousness …
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Mercer Law Review
The Georgia Court of Appeals and Supreme Court produce a prodigious number of opinions in criminal cases every year. We reviewed 940 cases for this reporting period. We refrained from straying outside the reporting period, even though one recent case of significance tempted us greatly. Look for it in next year's review. We are trial lawyers, so we organized this article in roughly the order in which issues may arise in the average case. If no opinions of note came out of the appellate courts in a given area of law, such as in the area of bonds and pretrial …
High Crimes And Misdemeanors: Defining The Constitutional Limits On Presidential Impeachment, Frank O. Bowman Iii, Stephen L. Sepinuck
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
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
A New Start Calls For A Broadened Perspective, Nora V. Demleitner
Scholarly Articles
Not available.
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan
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 …
Patterns Of Injustice: Police Brutality In The Courts, Susan Bandes
Patterns Of Injustice: Police Brutality In The Courts, Susan Bandes
Buffalo Law Review
No abstract provided.
Corporate Liability, Risk Shifting, And The Paradox Of Compliance, William S. Laufer
Corporate Liability, Risk Shifting, And The Paradox Of Compliance, William S. Laufer
Vanderbilt Law Review
The evolution of corporate criminal law is explained by the shifting risks of liability and loss between corporations and their agents in accommodating the illogic of vicarious liability. A vivid example of the effects of this risk shifting is seen with the recent emergence of the good citizen corporation movement. This movement en- courages prosecutors with vast discretion to leverage indictments and convictions of subordinate agents, resort to civil and administrative actions against large and medium-sized corporations in place of criminal indictments, compromise agent indemnification, and enforce corporate self-regulation through elaborate plea agreements. Not surprisingly, organizations tend to conceive of …
Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Rights For The Rape Victim: Lifting Statute Of Limitations For Prosecution Of Violent Crimes, Suzanne M. Knight
Rights For The Rape Victim: Lifting Statute Of Limitations For Prosecution Of Violent Crimes, Suzanne M. Knight
Buffalo Women's Law Journal
No abstract provided.
The Brzonkala Case & The Violence Against Women Act Of 1994, Jacqueline Druar
The Brzonkala Case & The Violence Against Women Act Of 1994, Jacqueline Druar
Buffalo Women's Law Journal
No abstract provided.
Formal Legal Truth And Substantive Truth In Judicial Fact-Finding – Their Justified Divergence In Some Particular Cases, Robert S. Summers
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
Community Policing And Youth, Us Department Of Justice
Juvenile Justice Bulletin
No abstract provided.
Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker
Could "Bad Kids" Be Saved By Better Laws? A Comparison Of Current Federal Legislation Of The United States And Canada, Jessica Elaine Becker
Penn State International Law Review
No abstract provided.
Criminalizing Money Laundering As A Method And Means Of Curbing Corruption, Organized Crime, And Capital Flight In Russia, Sam Chung
Washington International Law Journal
In the wake of the post-Soviet privatization in the Russian Federation, corruption and organized crime have flourished, contributing to capital flight, economic instability, and the collapse of Russia's financial system. Over the same period, Russian legislators have worked to reform the legal system in order to facilitate their country's transition to democracy and the rule of law. In 1997, legislative efforts led to the enactment of a new criminal code that emphasizes the rights of the individual as opposed to the power of the government. More recently, several draft bills targeting money laundering activities and banking reform have been introduced …
Punishment As Atonement, Stephen P. Garvey
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
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
Report On Arrests For Burglary In California, 1998, Office Of The Attorney General
California Agencies
No abstract provided.
2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon
2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon
Thomas D. Lyon
Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb
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. …