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2003

Criminal Law and Procedure

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Articles 1 - 30 of 39

Full-Text Articles in Law

Muting Gideon's Trumpet: Pricing The “Right To Counsel” In Minnesota Courts, Peter Erlinder Nov 2003

Muting Gideon's Trumpet: Pricing The “Right To Counsel” In Minnesota Courts, Peter Erlinder

C. Peter Erlinder

No abstract provided.


Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman Oct 2003

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be


Indianapolis V. Edmond And The Original Understanding Of The Fourth Amendment, Bruce Newman Oct 2003

Indianapolis V. Edmond And The Original Understanding Of The Fourth Amendment, Bruce Newman

ExpressO

In this article I examine to what extent Indianapolis v. Edmond is in keeping with the original understanding of the Fourth Amendment. I conclude that the Founders were much more concerned with searches of real property, often insisting, not only on suspicion, but also a on warrant when searches of real property are involved. Secondly, while the Founders did not consider warrants necessary for searches and seizures off of real property (which for the sake of simplicity I call searches in public areas) the evidence suggests suspicion was required. Indeed, the Fourth Amendment was a direct response to the British ...


When Does A Discharge Of A Bail Bond Discharge The Surety?, Jason D. Katz Oct 2003

When Does A Discharge Of A Bail Bond Discharge The Surety?, Jason D. Katz

ExpressO

This article examines the situations when a discharge of a bail bond actually discharges the liability of the surety and/ or its agent, the bail bondsman, as interpreted by the courts.


National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock Oct 2003

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely ...


United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders Oct 2003

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925 ...


Sentencing And Data: The Not-So-Odd-Couple, Steven Chanenson Sep 2003

Sentencing And Data: The Not-So-Odd-Couple, Steven Chanenson

Steven L. Chanenson

No abstract provided.


Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear Sep 2003

Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear

ExpressO

No abstract provided.


A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White Sep 2003

A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White

ExpressO

No abstract provided.


Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright Sep 2003

Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright

ExpressO

The quality of criminal defense counsel desperately needs improving. The strategy this article explores is not a change in the legal standard governing ineffective assistance of counsel claims, or a change in the Supreme Court's reasoning, but something far more fundamental: money. I ask whether it is feasible to link the funding available for defense lawyers to the money that the government spends on prosecution lawyers - in other words, parity of resources.

For reasons described in this article, resource parity will probably not come from the courts, at least not if they act alone. Major funding changes like this ...


Department Of Justice Guidelines: Balancing "Discretionary Justice", Ellen S. Podgor Sep 2003

Department Of Justice Guidelines: Balancing "Discretionary Justice", Ellen S. Podgor

ExpressO

No abstract provided.


The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen Sep 2003

The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen

ExpressO

No abstract provided.


Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel Sep 2003

Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel

ExpressO

This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive ...


The Coherence Of Orthodox Fourth Amendment Jurisprudence, Samuel C. Rickless Sep 2003

The Coherence Of Orthodox Fourth Amendment Jurisprudence, Samuel C. Rickless

ExpressO

In the legal academy it is widely believed that the U.S. Supreme Court's orthodox (post-Katz, pre-Houghton) fourth amendment jurisprudence is theoretically incoherent. In particular, the Court has been criticized (on doctrinal and textual grounds) for accepting (i) Justice Harlan's definition of a "search" as an infringement of a subjective expectation of privacy that society is prepared to recognize as reasonable, (ii) the Warrant Requirement and Probable Cause Requirement (according to which searches and seizures without a warrant or probable cause are presumptively unreasonable), and (iii) the Exclusionary Rule (according to which any evidence obtained in violation of ...


Universal Jurisdiction And Drug Trafficking: A Tool For Fighting One Of The World's Most Pervasive Problems , Anne H. Geraghty Sep 2003

Universal Jurisdiction And Drug Trafficking: A Tool For Fighting One Of The World's Most Pervasive Problems , Anne H. Geraghty

ExpressO

Universal jurisdiction allows any state to exercise jurisdiction to prosecute a suspect wherever he is found, regardless of the location of his crimes, his nationality, or any other contacts with the prosecuting state. This article proposes that the United States and the international community should take two major steps toward embracing universal jurisdiction as a possible means of combatting drug trafficking. First, states should adopt an additional protocol to the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances clearly establishing universal jurisdiction for drug trafficking and thereby filling jurisdictional gaps in existing treaty law. Second ...


Barbarians At The Gates: A Post-September 11th Proposal To Rationalize The Laws Of War, William C. Bradford Sep 2003

Barbarians At The Gates: A Post-September 11th Proposal To Rationalize The Laws Of War, William C. Bradford

ExpressO

My article, Barbarians at the Gates: A Proposal to Rationalize the Laws of War. The piece proposes that in the War on Terror a new approach to the laws of war is necessary to harmonize the functional purpose of the law of war with the nature of the threat presented by terrorism to civilization.


Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell Sep 2003

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell

ExpressO

Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.


The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown Sep 2003

The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown

ExpressO

“THE LAST LINE OF DEFENSE” addresses using the doctrine of command responsibility - the doctrine according to which military and non-military leaders can be held individually criminally responsible for the crimes committed by their subordinates - before the International Criminal Court (ICC) as a way to prevent gender crimes in armed conflict. The prevention of gender crimes in armed conflict is an important issue for a variety of reasons. One extremely important reason is the connection that the United Nations has cited between the AIDS pandemic in Sub-Saharan Africa and rape in armed conflict. In addition, in the August 25, 2003 issue ...


Application Of 18 Usc 1960 To Informal Money Service Businesses, Stefan D. Cassella Aug 2003

Application Of 18 Usc 1960 To Informal Money Service Businesses, Stefan D. Cassella

Stefan D Cassella

The article proposes that 18 USC 1960, a criminal statute that criminalizes the unlicensed operation of a money service business, may be used to prosecute not only traditional bricks and mortar businesses, but also informal money transfer operations of the kind typically used by drug trafficking, terrorist financing and other criminal organizations.


Toward A Criminal Law For Cyberspace: Distributed Security, Susan Brenner Aug 2003

Toward A Criminal Law For Cyberspace: Distributed Security, Susan Brenner

ExpressO

The article analyzes the structure and evolution of the current, traditional model of law enforcement and explains why this model is not an effective means of addressing computer-facilitated criminal activity. It begins by analyzing the operation of rules in collective systems composed of biological or artificial entities; it explains that every such system utilizes basic, constitutive rules to maintain both internal and external order. The article explains that intelligence has a profound effect upon a system’s ability to maintain internal order. Intelligence creates the capacity for deviant behavior, i.e., the refusal to abide by constitutive rules, and this ...


Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates , Michelle J. Anderson Aug 2003

Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates , Michelle J. Anderson

Working Paper Series

Today, to one degree or another, marital immunity for sexual offenses persists in over half the states. Underlying the marital rape immunity has been the assumption that when a woman enters into a marriage, she is giving her ongoing consent to sexual intercourse. Professor Michelle Anderson argues that states must abolish this immunity to make the law formally neutral on the marital status of the parties. However, Professor Anderson argues, such formal neutrality is insufficient. The ideology of ongoing consent underlying the marital rape immunity has infected the way the legal system treats sexual offenses among intimates who are not ...


The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb Jul 2003

The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb

Rutgers Law School (Newark) Faculty Papers

This piece discusses the case of Andrea Yates, the woman who confessed to drowning her five children to death and was subsequently convicted of murder (though the conviction has since been overturned). In this piece, Colb contends that Andrea Yates was convicted because of the jurors’ emotional/psychological response to the possibility that post-partum psychosis could cause an otherwise decent person to commit such brutal acts. As a symptom of denial, Colb argues, the jury rejected the insanity defense and thereby reassured itself that only evil people could do what Yates did. If that were the case, then it would ...


Provisions Of The Usa Patriot Act Relating To Asset Forfeiture In Transnational Cases, Stefan D. Cassella Mar 2003

Provisions Of The Usa Patriot Act Relating To Asset Forfeiture In Transnational Cases, Stefan D. Cassella

Stefan D Cassella

The article outlines the provisions of the USA Patriot Act that enhance the power of the US Government to use the asset forfeiture laws to recover property involved in transnational crime, including the power to seize assets from the correspondent account of a foreign bank.


Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan Mar 2003

Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan

Cornell Law Faculty Working Papers

This bibliography collects and organizes citations to dissertations, chapters in books, journal articles, legislative materials, books, and book reviews from 1980 forward that analyze the effect of victim impact statements in capital cases. The main purpose of the bibliography is to present citations to empirical studies and quantitative evaluations of victim impact statements in the United States and other countries. Because there are few reported empirical studies, the bibliography also contains references to articles that provide qualitative analyses of victim impact statements in criminal trials and of participatory rights of victims in the justice process in general.


Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza Mar 2003

Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza

LLM Theses and Essays

The Purpose of this thesis is to bring about the awareness of the importance of privacy in our lives. Privacy is an essential element of a free society without which individuals would lose the ability to interact with one another in private. With the advancement in police surveillance technology there is a clash between an individuals right to keep a secret and the State’s power to penetrate that secret. State of the art technologies such as the financial crimes enforcement network, wearable computing and surveillance cameras are some of the latest devices invading privacy. These technological advances have become ...


Negotiating The Boundaries Of Crime And Culture: A Sociolegal Perspective On Cultural Defense Strategies, Kay L. Levine Jan 2003

Negotiating The Boundaries Of Crime And Culture: A Sociolegal Perspective On Cultural Defense Strategies, Kay L. Levine

Kay L Levine

No abstract provided.


Exonerations Change Judicial View On Ineffective Assistance Of Counsel, Adele Bernhard Jan 2003

Exonerations Change Judicial View On Ineffective Assistance Of Counsel, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Dying Twice: Incarceration On Death Row, Michael B. Mushlin Jan 2003

Dying Twice: Incarceration On Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Dying Twice is an important report. The work is a collaboration between the Corrections Committee of the Association of the Bar of the City of New York, which I chaired, and the Committee on Capital Punishment of the Association chaired by Norman Greene. The working group that researched and wrote the report was drawn from members of both committees. The attorneys and the physician who served on the committee are wonderful, talented, dedicated people. It was a pleasure to work with professionals of this caliber on such an important effort. Dying Twice was endorsed as the position of the Association ...


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.


Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller Jan 2003

Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller

Faculty Publications

No abstract provided.