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Articles 1 - 23 of 23
Full-Text Articles in Law
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
David C. Brown
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …
Physiological And Psychosocial Assessment And Treatment Of Sex Offenders: A Comprehensive Victim-Oriented Program, Robert Marsh, Anthony Walsh
Physiological And Psychosocial Assessment And Treatment Of Sex Offenders: A Comprehensive Victim-Oriented Program, Robert Marsh, Anthony Walsh
Robert L. Marsh
This paper attempts to define the "optimal" sex offender treatment program based on a review of the empirical literature and on the authors' clinical experience with sex offenders. An important first step in any treatment program is the proper assessment of the condition to be treated. Assessment of sex offenders should include the use of the penile plethysmograph and the polygraph, as well as the more traditional methods of psychosocial assessment. These physiological tools are also useful as adjunct treatment tools. It is asserted that restitution therapy be the operating philosophy of any good treatment program, and that various aspects …
Control Group Study Of Juvenile Diversion Programs: An Experiment In Juvenile Diversion—The Comparison Of Three Methods And A Control Group, Steven Patrick, Robert Marsh, Wade Bundy, Susan Mimura, Tina Perkins
Control Group Study Of Juvenile Diversion Programs: An Experiment In Juvenile Diversion—The Comparison Of Three Methods And A Control Group, Steven Patrick, Robert Marsh, Wade Bundy, Susan Mimura, Tina Perkins
Robert L. Marsh
Juvenile diversion methods have been tested in many states in an effort to reduce recidivism. This paper reports on an experimental juvenile diversion program and the evaluation to assess the effects on recidivism during the experimental period. In this control group design first-time juvenile status offenders were randomly assigned to three experimental groups: Juvenile Accountability Program, Youth Court, or Magistrate Court and compared with an Educational Control group. The data revealed that the Juvenile Accountability diversion program, which diverted offenders from the justice system and held them accountable of their offenses, showed positive signs for reducing recidivism.
Perceptions Of Punishment And Rehabilitation Among Inmates In A Medium Security Prison, Steven Patrick, Robert Marsh
Perceptions Of Punishment And Rehabilitation Among Inmates In A Medium Security Prison, Steven Patrick, Robert Marsh
Robert L. Marsh
Inmate perceptions are examined in relation to punishment and rehabilitation as goals of prison. The results from a random sample of inmates in a medium security prison appear to show that inmate perceptions of punishment and rehabilitation are independent of one another but are simultaneously related to different types of inmate relationships with others in the prison. Additionally, inmate perceptions of punishment appear to be related to the physical environment of the prison. This paper discusses structural and policy implications of these findings. It seems that, because perceptions of punishment and rehabilitation are independent it may be possible to increase …
The Practice Of Native American Spirituality In Prison: A Survey, Robert Marsh, T. Cox
The Practice Of Native American Spirituality In Prison: A Survey, Robert Marsh, T. Cox
Robert L. Marsh
Native Americans have been severely restricted in practicing their traditional religions and spiritual traditions in the United States although the First Amendment specifically guarantees religious freedom. A discussion is presented of the differences in Native American spirituality compared to the Euro‐American concept of religion and the subsequent passage of Native American Religious Freedom Act of 1978 to guarantee religious expression for this group. A nationwide survey was conducted of all state correctional departments to determine the numbers of Native Americans incarcerated in state prisons and the access of this group to practice traditional religions while incarcerated. Data is presented on …
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Michael Pinard
This essay addresses the continued and dramatic increase in the numbers of individuals released from correctional institutions and returning to communities across the United States. It provides a brief history of the collateral consequences of criminal convictions, and the ways in which these consequences impede productive reentry. It then highlights national and state efforts to address to persistent reentry obstacles and to better understand the range and scope of collateral consequences. It concludes by offering suggestions for reform.
Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda Pustilnik
Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda Pustilnik
Amanda C Pustilnik
Legal statuses, prohibitions, and protections often turn on the presence and degree of physical pain. In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. The omnipresence of pain in law suggests that the law embodies an intuition about the ontological primacy of pain. Yet, for all the work done by pain as a term in legal texts and practice, it has had a confounding lack of external verifiability. As with other subjective states, we have been able to impute pain’s presence but have not been …
Competency In Juvenile Delinquency Proceedings, Mary Sue Backus
Competency In Juvenile Delinquency Proceedings, Mary Sue Backus
Mary Sue Backus
No abstract provided.
The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein
The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein
Richard Daniel Klein
No abstract provided.
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Richard Daniel Klein
No abstract provided.
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis
Peter L. Davis
The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …
Follow The Evidence: Integrate Risk Assessment Into Sentencing, Steven Chanenson, Jordan Hyatt, Maerk Bergstrom
Follow The Evidence: Integrate Risk Assessment Into Sentencing, Steven Chanenson, Jordan Hyatt, Maerk Bergstrom
Steven L. Chanenson
No abstract provided.
Cases On Criminal Procedure, Robert Bloom
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan
Lucian E Dervan
Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the …
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
Lucian E Dervan
In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …
Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian Dervan
Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian Dervan
Lucian E Dervan
In discussing imperfections in the adversarial system, Professor Ribstein notes in his article entitled Agents Prosecuting Agents, that “prosecutors can avoid the need to test their theories at trial by using significant leverage to virtually force even innocent, or at least questionably guilty, defendants to plead guilty.” If this is true, then there is an enormous problem with plea bargaining, particularly given that over 95% of defendants in the federal criminal justice system succumb to the power of bargained justice. As such, this piece provides a detailed analysis of modern-day plea bargaining and its role in spurring the rise of …
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
Lucian E Dervan
Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …
The Modern History Of Probable Cause, Wesley Oliver
The Modern History Of Probable Cause, Wesley Oliver
Wesley M Oliver
It is frequently assumed that probable cause, roughly as we understand it today, has, since time immemorial, been the standard allowing an officer to search or arrest. The reality is that probable cause has change a lot since the Bill of Rights was drafted. In the mid-nineteenth century, probable cause was no more than a pleading requirement in criminal cases -- and never has been more than a pleading requirement in criminal cases. Victims of crimes alone were able to seek arrest or search warrants by swearing that they had suffered an injury and that they had probable cause to …
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
R. Michael Cassidy
In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar Association recently …
Re-Evaluating Corporate Criminal Liability: The Doj's Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian Dervan
Re-Evaluating Corporate Criminal Liability: The Doj's Internal Moral Culpability Standard For Corporate Criminal Liability, Lucian Dervan
Lucian E Dervan
This article examines the common law respondeat superior test for corporate criminal liability and proposes that it be expanded beyond the current two prong test to encompass a third prong regarding moral culpability. Further, this article supports this proposal by noting that the Department of Justice has already incorporated a moral culpability element into its analysis of corporate criminal liability through application of the Department’s Principles of Federal Prosecution of Business Organizations. While some might argue that one should be satisfied that the Department of Justice has seen fit to implement a new corporate criminal liability standard on its own …
“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures Of Self-Regulation And The Decision To Confess, Deborah Davis, Richard Leo
“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures Of Self-Regulation And The Decision To Confess, Deborah Davis, Richard Leo
Richard A. Leo
As reflected in rulings ranging from Trial Courts to the U.S. Supreme Court, our judiciary commonly views as “voluntary,” and admits into evidence, interrogation-induced confessions obtained under conditions entailing stressors sufficient to severely compromise or eliminate the rational decision making capacities and self-regulation abilities necessary to justify such a view. Such decisions reflect, and sometimes explicitly state, assumptions soundly contradicted by science regarding the capacity of normal suspects lacking mental defect to withstand such stressors as severe fatigue, sleep deprivation, emotional distress-- and aversive interrogation length, tactics and circumstances--and nevertheless resist the powerful pressures of the interrogation to self-incriminate. Notwithstanding …
Material Witness Detentions After Al-Kidd, Wesley M. Oliver
Material Witness Detentions After Al-Kidd, Wesley M. Oliver
Wesley M Oliver
The Supreme Court’s decision in Ashcroft v. al-Kidd was a tempest in a teapot. The Court concluded only that a witness was no less susceptible to arrest under the Federal Material Witness Statute if the government was interested in prosecuting the witness himself. Unremarkably under the holding, it is no more difficult to detain an al-Qaeda member who witnessed a crime than it is to detain an innocent bystander who witnessed a crime. The fact that a criminal suspect can be held, however, raises concerns beyond the scope of the narrow question before the Court. If the government’s real interest …
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Susan Freiwald
In a significant ruling in the fall of 2010, the Third Circuit Court of Appeals rejected the government’s claim that it could compel cell phone service providers to disclose customer records that indicate the cell towers with which a cell phone has communicated (cell phone location information or CSLI) without obtaining a warrant based on probable cause. In a break with past decisions, the court rejected application of a “third party rule,” under which cell phone users are seen to assume the risk that their providers will disclose location data without the protections of a warrant requirement. The court, however, …