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2008

Selected Works

Criminal Law

Institution
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Articles 1 - 30 of 94

Full-Text Articles in Law

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom Oct 2013

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert Bloom

No abstract provided.


Drug Testing In Public Schools, Robert Bloom Oct 2013

Drug Testing In Public Schools, Robert Bloom

Robert Bloom

No abstract provided.


The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom Oct 2013

The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom

Robert Bloom

No abstract provided.


Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom Oct 2013

Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom

Robert Bloom

No abstract provided.


Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom Oct 2013

Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom

Robert Bloom

No abstract provided.


Jury Trial In Japan, Robert Bloom Oct 2013

Jury Trial In Japan, Robert Bloom

Robert Bloom

No abstract provided.


Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder Dec 2008

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder Dec 2008

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward Dec 2008

Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward

Dr. David Milward

The reliance of the Canadian criminal justice system on adversarial procedures and incarceration is not very effective or productive when dealing with Aboriginal crime. Restorative justice is often presented as a more constructive way of dealing with Aboriginal crime, and as a solution to Aboriginal over-incarceration. There have however been recent criticisms made against restorative justice that call into question its effectiveness as a medium of social control. These criticisms have the potential to enter policy discourses on justice and frustrate Aboriginal aspirations regarding the use of restorative justice. Restorative justice, notwithstanding the criticisms, still has the potential to provide …


Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff Nov 2008

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff

Alexandra Natapoff

The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …


De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra Nov 2008

De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra

Beatriz Ramirez

Es una publicación que analiza la tramitación de los delitos contra la libertad sexual en el Perú. Analiza la legislación procesal vigente aún en varias regiones del país: el Codigo de Procedimientos Penales. No se considera el proceso que viene siendo implementado con el nuevo Código Procesal Penal del año 2004.


The Right Thing For Juveniles, Tamar R. Birckhead Nov 2008

The Right Thing For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.


United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton Nov 2008

United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton

Margaret M. Lawton

No abstract provided.


Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder Nov 2008

Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder Nov 2008

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Nuts And Bolts Of Appellate Brief Writing, Mary Sue Backus Oct 2008

Nuts And Bolts Of Appellate Brief Writing, Mary Sue Backus

Mary Sue Backus

No abstract provided.


Overview Of Environmental Criminal Investigations, Beau James Brock Oct 2008

Overview Of Environmental Criminal Investigations, Beau James Brock

Beau James Brock

Power point presentation overview of Louisiana Department of Environmental Quality Criminal Investigation Division investigative guidelines and procedures.


U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder Oct 2008

U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Fight Fraud With Strong Internal Controls, Robert L. Kardell, L. Rand Gambrell Oct 2008

Fight Fraud With Strong Internal Controls, Robert L. Kardell, L. Rand Gambrell

Robert L Kardell

No abstract provided.


Understanding The Dennis Ferguson Debate: Part 1, Jodie O'Leary Sep 2008

Understanding The Dennis Ferguson Debate: Part 1, Jodie O'Leary

Jodie O'Leary

Extract:

The words 'Dob in this monster' appeared in large print on the front page of the Gold Coast Bulletin on 2 July 2008 following the release of Dennis Ferguson the previous day.¹ Many would say that these headlines and the sentiments expressed within such articles are representative of the community's outrage towards the legal inadequacies in Queensland of dealing with sex offenders. At the risk of offending the 'community' and being unpopular for advocating an alternative viewpoint, it appears that education about the law in this area is sorely needed. The purpose of this article is not to defend …


Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini Sep 2008

Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini

Brian Gallini

No court has addressed the constitutional significance of sentencing juvenile murder accomplices who play a minimal role in the underlying killing to life in prison without parole. Indeed, no precedent makes clear whether it is cruel and unusual to impose that sentence on juvenile offenders convicted of first-degree murder pursuant to either the felony-murder doctrine or an accomplice theory of liability, notwithstanding their minimal involvement in the victim’s death. To investigate this unanswered question, Part I of this Article explores the imposition of life without parole sentences on juvenile non-killers convicted of murder via either the felony-murder doctrine or accomplice …


Divided By A Common Legal Tradition, Intisar Rabb Phd Sep 2008

Divided By A Common Legal Tradition, Intisar Rabb Phd

Intisar A. Rabb

No abstract provided.


Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes Aug 2008

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …


The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder Aug 2008

The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


The Death Penalty In Delaware: An Empirical Study, John H. Blume, Theodore Eisenberg, Sheri Johnson, Valerie P. Hans Aug 2008

The Death Penalty In Delaware: An Empirical Study, John H. Blume, Theodore Eisenberg, Sheri Johnson, Valerie P. Hans

Valerie P. Hans

This article reports the findings of the first phase of a three phase empirical study of the death penalty in Delaware. In phase 1, we examined only cases in which the defendant was sentenced to death. While our findings are preliminary, there appear to be, as numerous other studies have found in other jurisdictions, race of victim effects. Seventy percent of the death sentences were imposed in white victim cases, even though the majority of the murder victims are black. Additionally, Delaware has one of the highest death sentencing rates in the country. This high rate appears to be the …


18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon Jul 2008

18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon

Thomas D. Lyon

Attorneys’ language has been found to influence the accuracy of a child’s testimony, with defense attorneys asking more complex questions than the prosecution (Zajac & Hayne, J. Exp Psychol Appl 9:187–195, 2003; Zajac et al. Psychiatr Psychol Law, 10:199–209, 2003). These complex questions may be used as a strategy to influence the jury’s perceived accuracy of child witnesses. However, we currently do not know whether the complexity of attorney’s questions predict the trial outcome. The present study assesses whether the complexity of questions is related to the trial outcome in 46 child sexual abuse court transcripts using an automated linguistic …


People's Tribunal On Torture Karnataka Report, Saumya Uma Jul 2008

People's Tribunal On Torture Karnataka Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Bangalore, Karnataka. The Tribunal heard about 98 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


Murder In Decline In The 1990s: Why The U.S. And N.Y.C. Were Not That Special," Book Review Of Frank Zimring's, John Donohue Jul 2008

Murder In Decline In The 1990s: Why The U.S. And N.Y.C. Were Not That Special," Book Review Of Frank Zimring's, John Donohue

John Donohue

No abstract provided.


People's Tribunal On Torture Rajasthan Report, Saumya Uma Jun 2008

People's Tribunal On Torture Rajasthan Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Ajmer, Rajasthan. The Tribunal heard more than 50 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks Jun 2008

Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.