Law Commons^™

Anthrax Hoaxes, Ira P. Robbins

Ira P. Robbins

7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon

Thomas D. Lyon

Shame And Scandal: Clinical And Canon Law Perspectives On The Crisis In The Priesthood, Frank R. Herrmann, Gerald E. Kochansky

Frank R. Herrmann, S.J.

No abstract provided.

'Soft Words Of Hope:' Giglio, Accomplice Witnesses, And The Problem Of Implied Inducements, R. Michael Cassidy

R. Michael Cassidy

Many scholars have criticized the government's practice of rewarding accomplices with leniency in exchange for their cooperation in criminal cases, because such practice provides the accomplice with a tremendous inducement to fabricate in order to curry favor with the government. To date, however, no commentators have approached the complex problem of accomplice fabrication from the perspective of criminal discovery. In the enclosed article, the author takes a fresh look at the subject of accomplice testimony, and argues that what are needed are not further restrictions on the circumstances in which an accomplice may testify, but rather a more vigorous enforcement …

The Uses Of History In Crawford V. Washington, Frank Herrmann

Frank R. Herrmann, S.J.

To a striking degree, both the majority and concurring opinions in Crawford v. Washington are replete with references to Anglo-American historical materials, used to support differing conclusions about the application of the Confrontation Clause to testimonial hearsay. This essay sets out Justice Scalia's and Chief Justice Rehnquist's historical arguments and then employs the standards of legal historians to evaluate whether the two opinions use history in a valid manner. The essay concludes that the "history" in Crawford is not that of an historian, but is a "usable past," as conceived by Cass Sunstein and Stephen Griffin.

Overextending The Criminal Law And Misguided Guidelines, Erik Luna

Erik Luna

No abstract provided.

Can Criminal Punishment Survive Christian Scrutiny? A Comment On Jeffrie Murphy's 'Christianity And Criminal Punishment', Sharon Beckman

Sharon Beckman

No abstract provided.

Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant

Michelle Gallant

An examination of contemporary crime management strategies reveals an emerging trend. With increasing frequency, reliance is placed on a money-centered model of control, a model that copes with crime by attacking its financial underpinnings, the money and the assets linked to the offences. A second trend occurs within the first, the diminution of criminal models in favor of civil legal models. In 2001, the provinces of Alberta and Ontario partook of this trend. Manitoba, in its own unique fashion, joined the movement in 2003.

The paper outlines the contours civil models, identifies the main themes of constitutional conflicts and locates …

Extending Corporate Criminal Liability: Some Thoughts On Bill C-45, Darcy Macpherson

Darcy L MacPherson

On 7 November 2003, Royal Assent was given to Bill C-45, An Act to Amend the Criminal Code (criminal liability of organizations). This legislation aims to broaden the criminal liability of corporations and other organizations in two significant ways. First, it expands the basis for corporate criminal liability beyond the existing common law; second, it extends to non-corporate organizations criminal liability previously limited to corporations. Bill C-45 will apply to all fault-based offences occurring on or after 31 March 2004, it does not apply to offences of either absolute or strict liability. This paper will discuss the most crucial changes …

A Review Of Mood Disorders Among Juvenile Offenders, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …

Beating A Bum Rap, Richard Leo

Richard A. Leo

This essay focuses on the author's experience as an expert witness in the murder trial of Kenneth Cowling and his use of social science research in the courtroom. The author details the value of social science research in the context of police interrogation methods and its use in educating juries about the causes and consequences of false confessions. The essay concludes with a brief discussion of the evidence that led to Cowling's acquittal.

What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …

The Third Degree And The Origins Of Psychological Interrogation In The United States, Richard Leo

Richard A. Leo

This chapter describes and analyzes third degree interrogation in nineteenth- and early twentieth-century America. The chapter begins with a detailed description and analysis of the various kinds and types of third degree interrogation, describing both the physical and psychological components of the third degree. Next, the chapter discusses how the ideology and practice of so-called "scientific" lie detection and psychological interrogation came to replace the third degree following the Wickersham Commission's Report in the 1930s. Although the third degree is, for the most part, a relic of the distant past, its demise represents a crucial turning point in the history …

Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding

Richard E. Redding

Studies consistently show a high prevalence of mental disorders among criminal defendants. Forensic mental health issues thus arise frequently in the criminal justice system and are commonly encountered by prosecutors, defense attorneys, and judges - much more so than some criminal law doctrines (e.g., necessity, duress, impossibility) routinely taught in criminal law courses. Yet rarely are students taught about mental illness, how to represent mentally ill clients, adjudicative competence, the mental health needs of various offender groups and how these unmet needs may contribute to criminal behavior, or the use of mental health mitigation evidence at sentencing. If taught at …

Men Of A Thousand Days: Death-Sentenced Inmates At Utah State Prison, Sandra Mcgunigall-Smith

Sandy McGunigall-Smith

Studies of the pains of confinement and coping techniques have ignored the experiences of death-sentenced inmates, particularly those in the USA housed under the punitive regimes of supermax facilities. This research is a qualitative, mini-longitudinal study carried out between 1997 and 2001 which examines the particular pains of confinement for inmates in the supermax facility of Utah State Prison and how they coped with life under the sentence of death. The findings suggest that these inmates experienced different pains and utilized different coping techniques than those described in prison literature.

Online Surveillance: Remembering The Lessons Of The Wiretap Act, Susan Freiwald

Susan Freiwald

This Article explores those features of electronic surveillance that have made it challenging to regulate effectively. In balancing interests, lawmakers must create a workable law for an exceedingly complex topic, rein in law enforcement agents without crippling them, and draw a line between prohibited and permitted conduct despite society's ambivalence about surveillance. This Article demonstrates that lawmakers met those challenges when they regulated traditional wiretapping, but they have failed to meet them in the online context. It argues that the law should extend the significant restrictions on wiretapping to online surveillance, just as judges did in the case of video …

Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston

James B Johnston

The 9/11 hijackers received much of the money they used to implement their plan of murder by funnelling money sent to them by Al Qaeda opertives to banks located in NJ. As a result the NJ legislature signed off on powerful terrorist financing legislation when it passed the September 11, 2001 Anto Terrorism Act. This article provides a step by step analysis of these new statutes and discusses other state legislation that can allow law enforcement to confiscate money linked to terrorism.

6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon

Thomas D. Lyon

Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins

Ira P. Robbins

The Idea Of Equality And Affirmative Actions, Paulo Barrozo

Paulo Barrozo

The article starts out from a concise reconstruction of the republican and the democratic ideals in the context of the modern expansion on emancipatory ideals and programs so as to produce an understanding of the principle of equality in light of them. It then seeks to develop the rudiments of a constitutional theory of equality consistent with the emancipatory ideals from which it derives its most robust meaning. In its last segment the article examines the question of "affirmative action" in the access to higher education within the scope of the proposed basis for a theory of equality.