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Articles 1 - 18 of 18
Full-Text Articles in Law
Using Inhalants To Obtain A Cheap High Is No Laughing Matter In Medical /Legal Circles, Samuel D. Hodge Jr.
Using Inhalants To Obtain A Cheap High Is No Laughing Matter In Medical /Legal Circles, Samuel D. Hodge Jr.
Samuel D. Hodge Jr.
Much attention has been devoted to the ill effects of drug and alcohol abuse. However, there is an equally disturbing trend of people using household or industrial products to obtain a “quick high” by inhaling the fumes from these items. These gases seem innocuous but when inhaled, they can be more dangerous than street drugs with life altering consequences. The abuse of inhalants is not a problem limited to a specific segment of the population. Rather, it is a widespread issue that has no economic, social or age related boundaries. Thirty-seven states have enacted statutes concerning inhalant abuse. A few …
Reconsidering Federal And State Obstacles To Human Trafficking Victim Status And Entitlements, Amanda J. Peters
Reconsidering Federal And State Obstacles To Human Trafficking Victim Status And Entitlements, Amanda J. Peters
Amanda J Peters
Federal and state anti-trafficking laws describe the victim in the process of criminalizing the act of human trafficking. Nearly half of all states adopt the federal definition of victim, which requires proof of forced, defrauded or coerced labor, whereas the other half narrows this definition thereby limiting the number of victims qualifying for state victims services. Using this definition, victims must prove their status before they can access victim entitlements. Even when victims prove their status, they may be denied traditional crime victim benefits like restitution and Crime Victim Compensation funds. In this way, their victim status may be rendered …
The Hauntings Of Mamudiyah, Francine Banner, Tyler Wall
The Hauntings Of Mamudiyah, Francine Banner, Tyler Wall
Francine Banner
On March 12, 2006, five American soldiers stationed in Mamudiyah Province, Iraq had a few drinks, played a couple hands of cards, then jogged in staggered formation to nearby Yusufiyah Province, where they systematically murdered Abeer al Janabi her family. The perpetrators have been sentenced, yet, the ghosts of that day continue to haunt us. This essay engages the methodology of haunting investigation in order to explore the ghosts of race, class, and gender as they manifested themselves at Mamudiyah. Exploring trial transcripts, media accounts, and data obtained via interviews with American soldiers, we examine the ways in which these …
Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders, Jayme M. Reisler
Co-Occurring Substance Use Disorder And Mental Illness In Criminal Offenders, Jayme M. Reisler
Jayme M Reisler
The high rate of comorbid substance use disorder and other mental illness (“dual diagnosis”) poses an enormous obstacle to public policy and sentencing in criminal cases. It is estimated that almost half of all Federal, State, and jail inmates suffer from dual diagnosis – a significantly higher prevalence than in the general population. Yet such inmates lack access to proper and effective treatments for their conditions. Several etiological theories have been put forth to explain the occurrence of dual diagnosis in general. However, virtually no studies have explored possible etiological reasons for the higher prevalence of dual diagnosis specifically in …
The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond
The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond
Catharine Richmond
Specialty sex offense courts are a nascent judicial innovation that seek to improve general public safety through reducing recidivism. Decreased recidivism results from swifter, personalized, experienced, and consistent judicial action that encourages sex offenders to take more responsibility and seek rehabilitative assistance. In these specialized courts, communities of stakeholders work collaboratively to prevent future crime. Although somewhat counterintuitive, specialty courts that offer such intensive and specific attention are often more cost effective and efficient than their traditional counterparts. This Note argues that sex offense courts should be expanded beyond the handful of jurisdictions where they currently exist, not only to …
Victim Impact Evidence: An Analysis On The Effect Of Victim Impact Evidence On The Sentencing Stage In Death-Penalty Cases And Potential Reforms, Kyle W. Kahan
Kyle W Kahan
No abstract provided.
Probable Cause On A Leash, Taylor D. Phipps
Probable Cause On A Leash, Taylor D. Phipps
Taylor D Phipps
This article develops in four parts. Part II of this article explores the historical evolution of Supreme Court caselaw and the Court’s recent decision in Florida v. Harris.[1] This article attempts to enlighten the Court’s standard in Harris by looking to prior caselaw and discusses why courts should interpret the holding in a way that allows defendants to challenge the legitimacy and accuracy of training and certification programs. If applied incorrectly, Harris will violate the Fourth Amendment and allow searches to occur on less than probable cause. Part III reviews the fallibility of drug detection dogs and the diversity …
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Daniel M Braun
In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
Daniel M Braun
The rise of modern mass tort litigation in the U.S. has transformed punitive damages into something of a “hot button” issue. Since the size of punitive damage awards grew so dramatically in the past half century, this private law remedy has begun to involve issues of constitutional rights that traditionally pertained to criminal proceedings. This has created a risky interplay between tort and criminal law, and courts have thus been trying to find ways to properly manage punitive damage awards. The once rapidly expanding universe of punitive damages is therefore beginning to contract. There remain, however, very serious difficulties. Despite …
Of “Just Systems” And Lotteries: Thoughts And Reflections On Maples V. Thomas, Ryan K. Melcher
Of “Just Systems” And Lotteries: Thoughts And Reflections On Maples V. Thomas, Ryan K. Melcher
Ryan K Melcher
In 2012, the Supreme Court handed down its seven-to-two ruling in the case of Maples v. Thomas, a sad tale of attorney-ethics disasters and a seemingly broken (assuming it ever worked) Alabama criminal-justice system. Although the Court held that the “extraordinary” facts of the case warranted excusing Maples’s procedural default in his federal habeas corpus petition (namely, his failure to file a petition in time), it did not make entirely clear whether this was a one-time-only deal or a “template” (as dissenting Justice Scalia asserted) for future petitioners seeking relief based on similar falters of their post-conviction-level attorneys. This Article …
Criminal Affirmance: Going Beyond The Deterrence Paradigm To Examine The Social Meaning Of Declining Prosecution Of Elite Crime, Mary K. Ramirez
Criminal Affirmance: Going Beyond The Deterrence Paradigm To Examine The Social Meaning Of Declining Prosecution Of Elite Crime, Mary K. Ramirez
mary k ramirez
Recent financial scandals and the relative paucity of criminal prosecutions against elite actors that benefitted from the crisis in response suggest a new reality in the criminal law system: some wrongful actors appear to be above the law and immune from criminal prosecution. As such, the criminal prosecutorial system affirms much of the wrongdoing giving rise to the crisis. This leaves the same elites undisturbed at the apex of the financial sector, and creates perverse incentives for any successors. Their incumbency in power results in massive deadweight losses due to the distorted incentives they now face. Further, this undermines the …
Towards A Re-Principled Criminal Law, Sarah Wood, Pablo Sanchez-Ostiz
Towards A Re-Principled Criminal Law, Sarah Wood, Pablo Sanchez-Ostiz
Sarah Wood
ABSTRACT: The perceived tension in current discussion of criminal law among efficiency, security, and constitutional rights should be examined in light of the work of Dworkin and Alexy (among others) in order to develop a model of legal argumentation based on Principles for Criminal Law. I consider the following three principles to be the foundational elements of legal argumentation in criminal law: 1) establishing societal security; 2) ensuring respect for legal norms; and 3) assuring respect for the person and human dignity. The roots of these three fundamental principles of legal argumentation are grafted directly from distinct human characteristics: 1) …
Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber
Domestic Violence Law And Feminism’S Identity Crisis: Toward A “Neo-Feminist” Legal Theory, Aya Gruber
Aya Gruber
By many accounts, feminism is in crisis. Traditional second-wave feminists are an ever-dwindling group, attacked by conservatives for being too liberal and by progressives for being too conservative. Newer voices weighing in on classic feminist issues like work rights, family structure, and rape are seen as abandoning the feminist mission in favor of other considerations like class and race. Accordingly, the conventional wisdom seems to be that there are two opposing progressive groups that address women’s issues—feminists and those who have receded from feminism. To many, this apparent fracture is exemplified by theorizing about domestic violence, where mainstream feminists supportive …
Crimes, Widgets, And Plea Bargaining: An Analysis Of Charge Content, Pleas And Trials, Kyle F. Graham
Crimes, Widgets, And Plea Bargaining: An Analysis Of Charge Content, Pleas And Trials, Kyle F. Graham
Kyle F Graham
This article considers how the composition and gravamen of a charged crime can affect the willingness and ability of the parties in a criminal case to engage in plea bargaining. Most of the prevailing descriptions of plea bargaining ignore or discount the importance of charge content in plea negotiations; in fact, one leading commentator has likened crimes to widgets insofar as plea bargaining is concerned. In developing its counter-thesis, this article reviews seven years (FY2003-FY2009) of federal conviction data, focusing on those crimes that produce the most, and fewest, trials, relative to how often they are alleged; the most, and …
Rethinking The Anti-Counterfeiting Trade Agreement Copyright Criminal Enforcement Measures, Miriam Bitton
Rethinking The Anti-Counterfeiting Trade Agreement Copyright Criminal Enforcement Measures, Miriam Bitton
Miriam Bitton
A few developed countries have secretly initiated and negotiated the Anti-Counterfeiting Trade Agreement (ACTA). The ACTA is aimed at enhancing international copyright and trademark enforcement measures. The Article analyses the copyright dimension of ACTA, considering its various provisions and the rationale behind them. The article does so by thoroughly examining the complex intersection of intellectual property law and criminal law. The Article then draws a few major conclusions and makes contributions to the area of copyright law: it shows how the ACTA in fact merely mimics the U.S. approach towards criminal enforcement of copyright law. Second, and more importantly, it …
Exigency And Emergency, Understanding The Warrantless Non-Consensual Home Entry, Jacob Chen
Exigency And Emergency, Understanding The Warrantless Non-Consensual Home Entry, Jacob Chen
Jacob Chen
The Fourth Amendment of the United States protects the right of the people to be secure in their houses against unreasonable searches and seizures. To ensure that the Fourth Amendment is respected by law enforcement, evidence that is seized during an unlawful search could be suppressed and denied admittance into evidence. In many circumstances, law enforcement officials are required to get a warrant before entering into a person’s house when conducting a search or carrying out an arrest. But there are certain circumstances when it is unnecessary for the police to get a warrant. A general umbrella term for the …
Death Is Not So Different After All: Graham V. Florida And The Court’S “Kids Are Different” Eighth Amendment Jurisprudence, Mary E. Berkheiser
Death Is Not So Different After All: Graham V. Florida And The Court’S “Kids Are Different” Eighth Amendment Jurisprudence, Mary E. Berkheiser
Mary E Berkheiser
Death Is Not So Different After All: Graham v. Florida and the Court’s “Kids Are Different” Eighth Amendment Jurisprudence Mary Berkheiser Abstract In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth …
Private Criminal Justice, Ric Simmons
Private Criminal Justice, Ric Simmons
Ric Simmons
The past few decades have seen the rise of two very different alternatives to the traditional criminal justice system: private police and restorative justice programs. Each of these approaches represents a revolutionary paradigm shift as to how criminal justice is administered in this country—and yet each of these movements has been limited in its impact on the current criminal justice system. The privatization movement has been restricted to the law enforcement stage of the criminal justice system, while the restorative justice movement has been dependent upon state support. This Article argues that it is only a matter of time before …