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Full-Text Articles in Law

Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman Mar 2003

Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The aim of this article is to bring to the attention of the international nursing community the discrepancy between a pervasive ‘caring’ nursing discourse and the most unethical nursing practice in the United States. In this article, we present a duality: the conflict in American prisons between nursing ethics and the killing machinery. The US penal system is a setting in which trained healthcare personnel practices the extermination of life. We look upon the sanitization of death work as an application of healthcare professionals’ skills and knowledge and their appropriation by the state to serve its ends. A review of ...


Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero Mar 2003

Who Makes The Call On Capital Punishment? How Ring V. Arizona Clarifies The Apprendi Rule And The Implications On Capital Sentencing , Sim?N Cantarero

Brigham Young University Journal of Public Law

No abstract provided.


The Relationship Between Public Perceptions Of Crime Seriousness And Support For Plea-Bargaining Practices In Israel: A Factorial Survey Approach, Sergio Herzog Jan 2003

The Relationship Between Public Perceptions Of Crime Seriousness And Support For Plea-Bargaining Practices In Israel: A Factorial Survey Approach, Sergio Herzog

Journal of Criminal Law and Criminology

No abstract provided.


Kidnapping Federalism: United States V. Wills And The Constitutionality Of Extending Federal Criminal Law Into The States, M. Todd Scott Jan 2003

Kidnapping Federalism: United States V. Wills And The Constitutionality Of Extending Federal Criminal Law Into The States, M. Todd Scott

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 2003

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2003

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


United States V. Arvizu: Investigatory Stops And The Fourth Amendment, Jennifer Pelic Jan 2003

United States V. Arvizu: Investigatory Stops And The Fourth Amendment, Jennifer Pelic

Journal of Criminal Law and Criminology

No abstract provided.


Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin Jan 2003

Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin

History Faculty Publications

Nicola Sacco, a skilled shoeworker born in 1891, and Bartolomeo Vanzetti, a fish peddler born in 1888, were arrested on 5 May 1920, for a payroll holdup and murder in South Braintree, Massachusetts. A jury, sitting under Judge Webster Thayer, found the men guilty on 14 July 1921. Sacco and Vanzetti were executed on 23 August 1927 after several appeals and the recommendation of a special advisory commission serving the Massachusetts governor. The execution sparked worldwide protests against repression of Italian Americans, immigrants, labor militancy, and radical political beliefs.


United States V. Drayton: The Need For Bright-Line Warnings During Consensual Bus Searches, Marissa Reich Jan 2003

United States V. Drayton: The Need For Bright-Line Warnings During Consensual Bus Searches, Marissa Reich

Journal of Criminal Law and Criminology

No abstract provided.


To Serve And Collect: Measuring Police Corruption, Sanja Kutnjak Ivkovic Jan 2003

To Serve And Collect: Measuring Police Corruption, Sanja Kutnjak Ivkovic

Journal of Criminal Law and Criminology

No abstract provided.


Pre-Arrest Silence: Minding That Gap Between Fourth Amendment Stops And Fifth Amendment Custody, Sara Ciarelli Jan 2003

Pre-Arrest Silence: Minding That Gap Between Fourth Amendment Stops And Fifth Amendment Custody, Sara Ciarelli

Journal of Criminal Law and Criminology

No abstract provided.


Hope V. Pelzer: Increasing The Accountability Of State Actors In Prison Systems - A Necessary Enterprise In Guaranteeing The Eight Amendment Rights Of Prison Inmates, Alison Chin Jan 2003

Hope V. Pelzer: Increasing The Accountability Of State Actors In Prison Systems - A Necessary Enterprise In Guaranteeing The Eight Amendment Rights Of Prison Inmates, Alison Chin

Journal of Criminal Law and Criminology

No abstract provided.


Unequal Justice: The Supreme Court's Failure To Curtail Selective Prosecution For The Death Penalty, Jessie Larson Jan 2003

Unequal Justice: The Supreme Court's Failure To Curtail Selective Prosecution For The Death Penalty, Jessie Larson

Journal of Criminal Law and Criminology

No abstract provided.


Justification And Excuse, Law And Morality, Mitchell N. Berman Jan 2003

Justification And Excuse, Law And Morality, Mitchell N. Berman

Faculty Scholarship at Penn Law

Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts ...


Racial Profiling And Mandatory Data Collection In Nevada: How Will Law Enforcement Respond?, Gregory M. Roehm Jan 2003

Racial Profiling And Mandatory Data Collection In Nevada: How Will Law Enforcement Respond?, Gregory M. Roehm

UNLV Theses, Dissertations, Professional Papers, and Capstones

Selected Nevada law enforcement officers participated in the mandatory collection of traffic stop data in the calendar year 2002. The requirement was a temporary one-year study mandated by the 2001 Nevada Legislature. The primary objective of this paper is to provide insight into the behavioral response of law enforcement with respect to mandatory data collection. Data for this study was obtained from the use of a self-administered mail survey from law enforcement officers from five of the nine Nevada police agencies required to collect traffic stop data. Responses from 399 Nevada law enforcement officers surveyed (A response rate of 65 ...


Recent Books Jan 2003

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2003

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Respect And The Fourth Amendment, Andrew E. Taslitz Jan 2003

Respect And The Fourth Amendment, Andrew E. Taslitz

Journal of Criminal Law and Criminology

No abstract provided.


Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong Jan 2003

Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong

Journal of Criminal Law and Criminology

No abstract provided.


A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin Jan 2003

A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin

Graduate-Level Student Theses, Dissertations, and Portfolios

The purpose of this research is to determine if a relationship exists between higher education levels and misconduct allegations for Deputy Sheriffs. Official documentation from 128 internal affairs reports were collected from the Palm Beach County Sheriff's Office. Significant relationships were found to exist between higher education levels and the misconduct allegations. While some college exposure may be beneficial for job performance, a four-year degree may not yield the desired results.


Final Report Of The Illinois Criminal Code Rewrite And Reform Commission, Paul H. Robinson, Michael T. Cahill Jan 2003

Final Report Of The Illinois Criminal Code Rewrite And Reform Commission, Paul H. Robinson, Michael T. Cahill

Faculty Scholarship at Penn Law

The Governor of Illinois created a commission to examine the problems with Illinois criminal law and to rewrite the Illinois criminal code. This two-volume Final Report of the Illinois Criminal Code Rewrite and Reform Commission proposes a new criminal code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of criminal code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles and the methods by ...


Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas Jan 2003

Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas Jan 2003

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


The Tenuous Relationship Between The Fight Against Money Laundering And The Disruption Of Criminal Finance, Mariano-Florentino Cuellar Jan 2003

The Tenuous Relationship Between The Fight Against Money Laundering And The Disruption Of Criminal Finance, Mariano-Florentino Cuellar

Journal of Criminal Law and Criminology

No abstract provided.


Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg Jan 2003

Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg

Journal of Criminal Law and Criminology

No abstract provided.


Applying The Responsible Corporate Officer Doctrine Outside The Public Welfare Context, Amiad Kushner Jan 2003

Applying The Responsible Corporate Officer Doctrine Outside The Public Welfare Context, Amiad Kushner

Journal of Criminal Law and Criminology

No abstract provided.


Beyond Accommodation: Reconstructing The Insanity Defense To Provide An Adequate Remedy For Postpartum Psychotic Women, Jessie Manchester Jan 2003

Beyond Accommodation: Reconstructing The Insanity Defense To Provide An Adequate Remedy For Postpartum Psychotic Women, Jessie Manchester

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker Jan 2003

Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker

Journal of Criminal Law and Criminology

No abstract provided.


Facilitating Fairness: The Judge's Role In The Sixth Amendment Right To Effective Counsel, John Capone Jan 2003

Facilitating Fairness: The Judge's Role In The Sixth Amendment Right To Effective Counsel, John Capone

Journal of Criminal Law and Criminology

No abstract provided.


Harris V. United States: The Supreme Court's Latest Avoidance Of Providing Constitutional Protection To Sentencing Factors, Julie L. Hendrix Jan 2003

Harris V. United States: The Supreme Court's Latest Avoidance Of Providing Constitutional Protection To Sentencing Factors, Julie L. Hendrix

Journal of Criminal Law and Criminology

No abstract provided.