Law Commons^™

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Articles by Maurer Faculty

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates to …

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley

All Faculty Scholarship

This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:

Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)

Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

The Executioners Sing, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …

The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson

All Faculty Scholarship

What is the role of the occurrence of harm or evil in criminal law? What should it be? Answers to these questions commonly use the distinction between what is called an objective and a subjective view of criminality. To oversimplify, the objective view maintains that the occurrence of the harm or evil defined by the offense is highly relevant. The subjectivist view maintains that such harm or evil is irrelevant; only the actor's culpable state of mind regarding the occurrence of the harm or evil is important. The labels tend to overstate a rather subtle distinction. The objectivist or harmful …

A Functional Analysis Of Criminal Law, Paul H. Robinson

All Faculty Scholarship

The criminal law has three primary functions. First, it must define and announce the conduct that is prohibited (or required) by the criminal law. Such rules of conduct, as they have been called, provide ex ante direction to members of the community as to the conduct that must be avoided (or that must be performed) upon pain of criminal sanction. This may be termed the rule articulation function of the doctrine. When a violation of the rules of conduct occurs, the criminal law takes on a different role. It must decide whether the violation merits criminal liability. This second function, …

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Organised Resistance, Terrorism And Criminality In Ireland: The State's Construction Of The Control Equation, Mark Findlay

Research Collection Yong Pung How School Of Law

Despite the reality of partition that created "two Irelands," comparative analysis of the state's reactions to terrorism in the Province and in the Republic is rare. The struggle over reunification, which permeates society on both sides of the border, is usually viewed by the populist press not from the Irish viewpoint, but rather from the perspective of the British government. Given this bias, organized resistance -- most notably in the North of Ireland -- is represented as an assault on a majority-supported state. Because the legitimacy of the state under attack is rarely questioned, and the motivations for the resistance …

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

A Model Of Criminal Process: Game Theory And Law, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Criminal Law At The International Border, Josph A. Milchen

San Diego Law Review

[G]eographical considerations are set forth to indicate the potential scope of legal problems that might arise at an international border. The mere length of the border permits imaginative speculation regarding possible violations of customs laws. Although some aspects of the law applicable at the international border are well settled, neither legislative insight nor fertile imagination nor past experience provide sufficient perception to cover the myriad situations that can arise at the border. Furthermore, new developments in related fields must be examined insofar as the border-crossing situation may affect or be affected by them. As a result, there ate the following …

Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

The M'Naghten Rules And Proposed Alternatives, Jerome Hall

Articles by Maurer Faculty

Responding to overt and implied criticism of the M'Naghten Rules for determining legal insanity to excuse criminal responsibility, Mr. Hall proposes a national seminar or study by judges of the diverse and perplexing problems they must face in deciding issues in this field. He thinks that M'Naghten needs repair rather than replacement and that a rough consensus might be attainable.

The Scientific And Humane Study Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Radzinowicz, L. And Turner, J. W. C. (Eds.), The Modern Approach To Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Some Basic Problems In Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Analysis Of Criticism Of The Grand Jury, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Pound, R., Criminal Justice In America, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Social Science As An Aid To Administration Of The Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.