Law Commons^™

Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock

Cleveland State Law Review

Part I of this Note will review a recent Colorado case involving the interrogation of a juvenile prisoner and the application of the additional-restraint factors within a totality-of-the-circumstances analysis. Part II will analyze how the decision in the Colorado case and the additional-restraint factors comport with the meaning of "custody" as set forth in U.S. courts' jurisprudence on custodial interrogations. Part III will propose that juvenile prisoners should be presumed in custody for Miranda purposes absent exceptional circumstances. It then will present the justification for this presumption, including a discussion of the solicitude normally provided to juveniles in the criminal …

It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak

Cleveland State Law Review

Part I will focus on the death penalty in the civilian sector of the United States. It begins with a brief history of and an introduction to death penalty laws in the United States. A critical examination of the primary arguments used to justify the death penalty follows. Part I next offers a brief overview of other independent reasons for the abolition of the death penalty. After having concluded that the application of the death penalty is unfair in the civilian sector and should thus be abolished, the article will then shift its focus to the death penalty in the …

Forecasting Sexual Abuse In Prison: The Prison Subculture Of Masculinity As A Backdrop For Deliberate Indifference, Christopher D. Man, John P. Cronan

Journal of Criminal Law and Criminology

No abstract provided.

A Change Of Heart Or A Change Of Law - Withdrawing A Guilty Plea Under Federal Rule Of Criminal Procedure 32(E), Kirke D. Weaver

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Crimes Without Punishment: White Neighbors' Resistance To Black Entry, Leonard S. Rubinowitz, Imani Perry

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law In Cyberspace, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Two of the most talked-about crimes of the year, the ILoveYou computer worm and the denial of service attacks on Yahoo, eBay, and ETrade, suggest that a new form of crime is emerging: cybercrime. Thousands of these crimes occur each year, and the results are often catastrophic; in terms of economic damage, the ILoveYou worm may have been the most devastating crime in history, causing more than $11 billion in losses.

This paper asks how cybercrime is best deterred. It identifies five constraints on crime - legal sanctions, monetary perpetration cost, social norms, architecture, and physical risks - and explains …

The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan

Faculty Scholarship

No abstract provided.

Why Laws Work Pretty Well, But Not Great: Words And Rules In Legal Intrepretation, Lawrence Solan

Faculty Scholarship

No abstract provided.

Handling Cases Of Willful Exposure Through Hiv Partner Counseling And Referral Services, Lawrence O. Gostin, James G. Hodge Jr.

Georgetown Law Faculty Publications and Other Works

Cases of willful exposure reveal the existing and future risks to the public health (especially women) which may be presented by individuals who willfully expose others to HIV through unsafe sexual or needle-sharing behaviors. In response to a documented case of willful exposure, a PCRS counselor or other public health official may, in his or her professional judgment, decide to act to avert a legitimate public health threat to known or unknown persons in the community. Yet handling such cases raises difficult issues in law, ethics, and public health practice. Public health authorities may be unable or ill-equipped to successfully …

A Man Lost In The Gray Zone, David Luban

Georgetown Law Faculty Publications and Other Works

The Rudolf Kastner trial was one of the three great scandals that rocked Israeli party politics in the 1950s (the others were the negotiations with Germany for Holocaust reparations and the so-called "Lavon affair"). Although Leora Bilsky describes it as an "almost forgotten trial," it has not been forgotten by subsequent writers: it makes an important cameo appearance in Arendt's Eichmann in Jerusalem; it features prominently in Tom Segev's The Seventh Million (1991); Yehuda Bauer's Jews for Sale? (1994) takes pains to refute the charges against Kastner; and it inspired two novels - Amos Elon's Timetable (1980) and Neil Gordon's …

Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.

The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Others have examined why prosecutors or law enforcement agents may be inclined to "leak" information regarding ongoing criminal investigations, documented the rules that govern federal prosecutors' interaction with the press in such circumstances, outlined the difficulties encountered in enforcing those rules, and critiqued the performance of Mr. Starr's office in this regard. In other words, the dynamic as it flows from governmental actors to the press has been scrutinized. I would like to suggest that a more searching examination be conducted of the press's role, and perhaps its responsibilities, in this context. Because I am neither a journalist nor a …

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than …

Free Exercise Rights Of Capital Jurors, Brian Galle

Georgetown Law Faculty Publications and Other Works

The Supreme Court has said that the Constitution permits trial judges to exclude from the pool of potential capital trial jurors any persons whose views on the death penalty would likely substantially impair their ability to reach an impartial verdict. This Note argues that the Court's analysis to date is incomplete, in that it omits close evaluation of potential conflicts between such exclusions and the Free Exercise Clause. The Note argues further that a court should apply strict scrutiny to any state action, such as exclusion for cause, that burdens the use of religious beliefs in the mental processes of …

Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Joseph In Lawyerland, Robin West

Georgetown Law Faculty Publications and Other Works

As Alice wanders through Wonderland in an unreal space in real time-a dream-learning backward truths from illogical creatures who speak in paradoxes, so Joseph figuratively wanders through lawyerland in an unreal time, but in a very real space-Manhattan-conversing with his thinly fictionalized friends, all of whom happen to be lawyers, about their lives and practices in law. As Joseph's lawyers talk with him about the law they practice, they uncover, through White Rabbit and Cheshire Cat-like illogical precision, a chaotic, unkempt, unconscionably reckless, often cruel, and sometimes pathological legal wilderness. The legal terrain these lawyers occupy is not an inviting …

Formalism, Realism, And The War On Drugs, David Cole

Georgetown Law Faculty Publications and Other Works

One of the ways our legal system has avoided confronting this ugly reality is through a commitment to legal formalism. Legal formalism allows us to ignore the social determinants that my AUSA friend saw every day as he prosecuted federal drug cases. As my colleague Professor Michael Seidman has suggested, legal formalism, which has been effectively critiqued and displaced by legal realism in many other areas of law, continues to exercise considerable influence over the way we think about criminal law. This formalist approach, in my view, has strongly affected the way we approach the drug problem. One consequence is …

As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …

Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman

Faculty Scholarship

In late March, a reporter called with news of a pirated copy of Professor Joseph Hoffinann's soon-to-be-published "attack" on our study, A Broken System: Error Rates in Capital Cases, 1973-1995. Did we care to comment? Obtaining our own copy revealed that Professor Hoffmann's fusillade missed its mark (he misstates what we did) and boomeranged (his mischaracterizations of our analysis accurately describe his own). We do care to comment, and Hoffmann and the Indiana Law Journal have graciously let us do so.

Hoffmann's main claim is that we "extrapolated" the 68% rate of reversible error we reported for capital verdicts …

A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver

Wesley M Oliver

No abstract provided.

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Lucian E Dervan

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

Bartram Brown

No abstract provided.

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

James W. Diehm

Wilde On Trial: Psychic Injury, Exhibitionism And The Law, Kirby Farrell Prof

kirby farrell

A reassessment of Oscar Wilde's conviction for sexual offenses. Wilde's trial responded to polarization in fantasies of respectability in late Victorian culture, with the fear of social death underlying anxieties about homosexuality.

Comparative Institutional Analysis In Cyberspace: The Case Of Intermediary Liability For Defamation, Susan Freiwald

Susan Freiwald

Almost every day brings reports that Congress is considering new cyberspace-targeted laws and the courts are deciding novel cyberspace legal questions. These developments lend urgency to the question of whether a particular cyberspace legal change should come through operation of new statutes, judicial decisions, or the free market. If we can develop sophisticated analytical methods to evaluate institutional competence in cyberspace, we can vastly improve the development of cyberspace law and public policy.

Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation promotes just such an approach. By describing and extending a recently proposed model of comparative …

6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado

Thomas D. Lyon