Law Commons^™

The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author continues a project of tracing the genealogy of "transitional justice" in an analysis of the trials of the two Presidents. The author argues that an intellectual genealogy of "transitional justice" is defined in terms of periods of political change, & the relation of legal development to distinct political phases in world history & various political purposes are contextualized in the history of responses to political conflict. Three historical phases of the genealogy place the trials in Phase III of transitional justice seeking responses associated with post-Cold …

Justice, Power, And The Realities Of Interdependence: Lessons From The Milosevic And Hussein Trials, Payam Akhavan

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author discusses issues of interdependence to argue that, although military power can eliminate threats in the short term, in an inextricably interdependent world long term peace can only be sustained by legitimacy. The author's personal experiences at a meeting on the "ethnic cleansing" in the Balkans prior to the creation of the International Criminal Tribunal on the former Yugoslavia (ICTY) are related to the success of "soft power" in judicial disguise, & the relationship between justice for others & political identity in liberal democracies. A historical narrative …

The Tricky Nature Of Proving Genocide Against Saddam Hussein Before The Iraqi Special Tribunal, Michael J. Kelly

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses procedural challenges to proving genocide in the trial of Saddam Hussein to argue that the legitimacy of the Iraqi Special Tribunal (IST) & the proof of genocide rest on a sense of fairness, transparency, & completion of trials on a reasonable schedule. The Geneva Convention definition of genocide is discussed in terms of the impact of general verses specific intent in the International Criminal Tribunal for the former Yugoslavia (ICTY). A historical analysis of the colonial creation of Iraq relates Saddam's style of government control …

A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Stephen Coughlan

Articles, Book Chapters, & Popular Press

In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …

Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol

GW Law Faculty Publications & Other Works

Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions. Whether …

Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol

GW Law Faculty Publications & Other Works

Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions.

Whether …

Complexity Of School-Police Relationships Challenge Special Needs Doctrine, Joshua Gupta-Kagan

Faculty Scholarship

On November 5, 2003, concern regarding suspected drug activity led to a massive police search of Stratford High School in the Berkeley School District, north of Charleston, South Carolina. (See Police, School District Defend Drug Raid, available at http://www.cnn.com/2003/US/South/11/07/school.raid/index.html.) Fourteen police officers assumed strategic positions inside and outside the school. Accompanied by a drug-sniffing clog, officers. Some with guns drawn, secured a school hallway and ordered more than I 00 students to get on their knees and face the wall, handcuffing at least 12 who failed to immediately obey the police orders. Alerted by the clog. police physically searched students, …

State V. Patton, Orit Tulchinsky

NYLS Law Review

No abstract provided.

Fifteen Years After The Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective And Just Narcotics Sentencing Perspectives On The Federal Sentencing Guidelines And Mandatory Sentencing, Ian Weinstein

Faculty Scholarship

Federal criminal sentencing has changed dramatically since 1988. Fifteen years ago, judges determined if and for how long a defendant would go to jail. Since that time, changes in substantive federal criminal statutes, particularly the passage of an array of mandatory minimum penalties and the adoption of the federal sentencing guidelines, have limited significantly judicial sentencing power and have remade federal sentencing and federal criminal practice. The results of these changes are significantly longer federal prison sentences, as was the intent of these reforms, and the emergence of federal prosecutors as the key players in sentencing. Yet, at the same …

Expanding Felony-Murder In Ohio: Felony-Murder Or Murder-Felony?, Dana K. Cole

Akron Law Faculty Publications

Ohio's aggravated felony-murder rule and felony-murder death penalty specification provisions apply where a death occurs “while committing or attempting to commit” certain enumerated felonies. In a line of cases beginning in 1996, the Ohio Supreme Court broadly interpreted this statutory language to include situations where the intent to commit the underlying felony was formed subsequent to the death, as a complete afterthought. With these cases, the Ohio Supreme Court departed from the majority view that the intent to commit the underlying felony must precede or co-exist with the death. The author argues that this new statutory interpretation represents an unwarranted …

Expanding Felony-Murder In Ohio: Felony-Murder Or Murder-Felony?, Dana K. Cole

Dana Cole

Ohio's aggravated felony-murder rule and felony-murder death penalty specification provisions apply where a death occurs “while committing or attempting to commit” certain enumerated felonies. In a line of cases beginning in 1996, the Ohio Supreme Court broadly interpreted this statutory language to include situations where the intent to commit the underlying felony was formed subsequent to the death, as a complete afterthought. With these cases, the Ohio Supreme Court departed from the majority view that the intent to commit the underlying felony must precede or co-exist with the death. The author argues that this new statutory interpretation represents an unwarranted …

Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 4, 1999 - October 1, 2000), Andrea Lyon

Law Faculty Publications

No abstract provided.

Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), Andrea Lyon

Law Faculty Publications

No abstract provided.

Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman

Saint Louis University Law Journal

No abstract provided.

Reforming Confession Law British Style: A Decade Of Experience With Adverse Inferences From Silence, Mark Berger

Faculty Works

In response to problems encountered in the administration of justice in Northern Ireland, the British government issued the Criminal Evidence (Northern Ireland) Order 1988 changing the character of how the right to silence and privilege against self-incrimination would apply in criminal justice proceedings occurring within Northern Ireland. In general terms, the Order provided that suspects under interrogation and criminal defendants at trial would be subject to adverse inferences if they failed to answer police questions or refused to testify in court. The Order included some qualifications on when and how adverse inferences would be used, and provided that such use …

Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley

Scholarly Works

Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.

Regulating The Market For Snitches , Ian Weinstein

Faculty Scholarship

These are boom times for the sellers and buyers of cooperation in the federal criminal justice system. While prosecutors have always welcomed the assistance of snitches, tougher federal sentencing laws have led to a significant increase in cooperation as more defendants try to provide "substantial assistance in the investigation or prosecution of another person," to have some chance of receiving a significant sentence reduction. In 1996 one of every five defendants sentenced in the federal courts won mitigation by providing substantial assistance. Many more defendants tried but failed to close the deal. The overheated cooperation market is creating serious problems …

Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein

Faculty Scholarship

How much more severe are sentences imposed in districts with low substantial assistance rates than those in which the rate is very high? In the aggregate, not at all. At first blush this may puzzle readers because substantial assistance (SA) departures are very unevenly distributed across districts and SA accounts for nearly two-thirds of all downward departures, almost 7,900 of the 12,000 in fiscal 1996. Although this pattern could result in gross disparities among districts, my analysis of inter-district sentencing patterns reveals no statistically significant correlation between the rate of SA departures and the average length of sentences imposed in …

Comments On Walzer's "Judgment Days": Public Accountability For The Egregious Behavior Of, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on Michael Walzer's "Judgment Days". Walzer's article was published in The New Republic, December 15, 1997, pp. 13-14.

Random Thoughts By A Distant Collaborator, Wayne R. Lafave

Michigan Law Review

A Tribute to Jerry Israel

A Tribute To Professor Jerold Israel--My Teacher, My Co-Author, My Good Friend, Paul D. Borman

Michigan Law Review

A Tribute to Jerry Israel

Tribute To Jerry Israel, Jeffrey S. Lehman

Michigan Law Review

A Tribute to Jerry Israel

A Tribute To Jerry Israel: A Friend With A Messy Office, Debra Ann Livingston

Michigan Law Review

A Tribute to Jerry Israel

Crime And Punishment: Benign Neglect Of Racism In The Criminal Justice System, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article is a literary review and analysis of Malign Neglect: Race, Crime, and Punishment in America by Michael Tonry (1995). Part I of this review describes Tonry's analysis of the crime policies of the Reagan and Bush administrations. Part II discusses Tonry's indictment of the War on Drugs and criticizes his failure to acknowledge the effects of discriminatory prosecutorial practices and sentencing laws. Part III critiques Tonry's trivialization of the significance of race discrimination in the criminal justice system more generally. Part IV summarizes Tonry's proposals for change and stresses the importance of documenting, examining, and eliminating racial bias …

Bouquets For Jerry Israel, Yale Kamisar

Articles

As it turned out, of those asked to write a few words for an issue of the Michigan Law Review honoring Jerry Israel, I was the last to do so. And when I submitted my brief contribution to the Law Review I took the liberty of reading what the four others who paid tribute to Jerry had written. As a result, I feel like the fifth and last speaker at a banquet who listens to others say much of what he had planned to say.

Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes

Special Education ETDs

Among concerns inherent in psychological testing is the possibility that examinees might perform less than accurately or honestly when responding to test items (Lezak, 1983). In context of some legal proceedings, individuals may stand to gain by performing poorly on physiological tests (Anastasti, 1988). For example, defendants could attempt to falsify their answers to impersonate an individual with mental retardation for the purpose of raising issues of incompetence to stand trial, nonresponsibility, or mitigation. In some states, a finding of mental retardation may mean the difference between a life sentence and execution for a defendant convicted of a capital crime. …

Preliminary Screening Of Prosecutorial Access To Death Qualified Juries: A Missing Constitutional Link, F. Thomas Schornhorst

Indiana Law Journal

No abstract provided.

A Mandatory Right To Counsel For The Material Witness, Susan Kling

University of Michigan Journal of Law Reform

This Note argues that a uniform statute establishing a mandatory right to counsel should be adopted, at both the state and federal levels, to afford to the material witness protection that the Constitution fails to provide. Part I describes the general scope of the problem and concludes that neither the federal government, the individual states, nor the United States Constitution provides the material witness with a mandatory right to counsel. Part II argues that the material witness should have a statutorily mandated right to counsel. A mandatory right to counsel should be extended to the material witness both for the …

Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections

Maine Collection

Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.

Augusta, Me., The Commission, December 1985

"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."

Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins

Book Reviews

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.