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Articles 1591 - 1620 of 2243
Full-Text Articles in Law
Criminal Law: Diagram Of A Drug Sentence--Defining Mixture Or Substance On The Basis Of Utility In United States V. Richards, Matthew Thomas Geiger
Criminal Law: Diagram Of A Drug Sentence--Defining Mixture Or Substance On The Basis Of Utility In United States V. Richards, Matthew Thomas Geiger
Oklahoma Law Review
No abstract provided.
Criminal Law: Oklahoma's New Standard Of Proof In Competency Proceedings: Due Process, State Interests, And A Murderer Named Cooper--Cooper V. Oklahoma, Seth Branham
Oklahoma Law Review
No abstract provided.
The Irony Of Harmless Error, Charles S. Chapel
The Irony Of Harmless Error, Charles S. Chapel
Oklahoma Law Review
No abstract provided.
Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard Harcourt
Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard Harcourt
Faculty Scholarship
In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …
Comment On Lynch, Kenneth J. Bialkin
Comment On Lynch, Kenneth J. Bialkin
Law and Contemporary Problems
Bialkin offers a comment on Gerard E. Lynch's article on the role of criminal law in policing corporate misconduct.
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
Law and Contemporary Problems
Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."
Comment On Lynch, Michael B. Mukasey
Comment On Lynch, Michael B. Mukasey
Law and Contemporary Problems
Mukasey offers a comment on Gerard E. Lynch's article concerning the role of criminal law in policing corporate misconduct.
Guilty Plea Revocation, Constitutional Waiver, And The Charter: "A Guilty Plea Is Not A Trap", John Dr Craig
Guilty Plea Revocation, Constitutional Waiver, And The Charter: "A Guilty Plea Is Not A Trap", John Dr Craig
Dalhousie Law Journal
The entry of a guilty plea has significant constitutional ramifications. It relieves the Crown of its obligation to prove the elements of an offence beyond a reasonable doubt and constitutes a waiver by the accused of various rights including the right to put the Crown's case to the test of a trial, the right to confront Crown witnesses through cross-examination and the right to remain silent in relation to the determination of legal guilt. In light of these constitutional dimensions, the article considers an issue which has received little academic attention: the revocation of a guiltyplea. The authorassesses the existing …
Underfederalization Of Crime, Tom Stacy, Kim Dayton
Underfederalization Of Crime, Tom Stacy, Kim Dayton
Cornell Journal of Law and Public Policy
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
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
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher
International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher
ILSA Journal of International & Comparative Law
I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen
Faculty Scholarship
This Article addresses physician-assisted suicide and the medical treatment of pain and suffering. Part II discusses various medical misconceptions about the treatment of pain and how modern medicine fails to fulfill this aspect of its palliative care role. Part III reviews how the law currently circumscribes the patient and doctor's ability to make medical decisions when the patient is terminally ill. As will be shown, the law is clearer and more respectful of good medical practice than most medical practitioners currently believe. Moreover, this section will also establish that, while several competing philosophical positions surrounding physician-assisted suicide exist, these same …
Miscarriages Of Justice: Their Causes And Curses, Steven Wisotsky
Miscarriages Of Justice: Their Causes And Curses, Steven Wisotsky
St. Thomas Law Review
Judge Hand was wrong. There is now abundant evidence that innocent men have been convicted and imprisoned. Probably a few innocents have been executed. This article explores what is largely uncharted territory: the law pertaining to correcting miscarriages of justice. The twin premises are that significant numbers of innocent prisoners are wrongly convicted each year, and that present legal remedies are inadequate to correct these miscarriages of justice. How many miscarriages of justice have there been historically, and how common are they today? Because guilt or innocence is a judgment and not a purely objective fact, it is impossible to …
The Use Of Social Science And Medicine In Sex Offender Commitment, Eric S. Janus
The Use Of Social Science And Medicine In Sex Offender Commitment, Eric S. Janus
Faculty Scholarship
Sex offender commitment statutes are a controversial and recurring response to the threat of sexual violence. These statutes, claiming exemption from the strict constitutional limitations of the criminal law, use civil-commitment-like procedures to detain sex offenders in secure "treatment centers." Litigation testing these statutes has sought to locate the border between legitimate exercise of the state's mental health power, and illegitimate preventative detention. This article examines the central roles that medicine and behavioral science play in the operation of sex offender commitment statutes and the litigation testing their constitutional validity. The thesis of this article is that the presence of …
Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant
Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant
Law Faculty Scholarship
Crime control through law enforcement is generally considered to be a two-part process of apprehending and incapacitating or rehabilitating the guilty, and deterring the innocent from crime by the threat of punishment. The analysis presented here shows that the protection of the innocent from harassment-detention, arrest, punishment, and other intrusions by the criminal justice system-is important in deterring crime. Specifically, the analysis shows that deterrence from crime is weakened and then lost for a rational individual who holds the majority attitude toward risk, if the levels of rightful punishment and wrongful harassment are increased, as in a war on crime, …
Towards A Compassionate And Cost-Effective Drug Policy: A Forum On The Impact Of Drug Policy On The Justice System And Human Rights
Fordham Urban Law Journal
This is a transcript from the the first of three panels on drug policy and the impact of drug policy on the justice system and human rights. Don Johnson of the New York Society for Ethical Culture and Tom Haines the Chairman of the Executive Committee of the Partnership for Responsible Drug Information introduced the moderator Kathy Rocklen. Judge Sweet of the Southern District of New York is joined by experts on drug policy from the medical and academic worlds, private foundations and other interested organizations, who will give their views on the impact of drug policy on the justice …
What’S Law Got To Do With It? The Political, Social, Psychological And Other Non-Legal Factors Influencing The Development Of (Federal) Criminal Law, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson
Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson
Faculty Publications
For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …
Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss
Publications
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Federal Power And Federalism: A Theory Of Commerce-Clause Based Regulation Of Traditionally State Crimes, Harry Litman, Mark D. Greenberg
Federal Power And Federalism: A Theory Of Commerce-Clause Based Regulation Of Traditionally State Crimes, Harry Litman, Mark D. Greenberg
Case Western Reserve Law Review
No abstract provided.
Between A Rock And A Hurd Place: Protecting The Criminal Defendant's Right To Testify After Her Testimony Has Been Hypnotically Refreshed, Antonia F. Giuliana
Between A Rock And A Hurd Place: Protecting The Criminal Defendant's Right To Testify After Her Testimony Has Been Hypnotically Refreshed, Antonia F. Giuliana
Fordham Law Review
No abstract provided.
Race And Criminal Justice, Richard B. Collins
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Scholarly Works
The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …
Without Narrative: Child Sexual Abuse, Lynne Henderson
Without Narrative: Child Sexual Abuse, Lynne Henderson
Scholarly Works
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
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
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 …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch
Faculty Scholarship
In the early 1990s, I spent a couple of years as Chief of the Criminal Division in the Office of the U.S. Attorney for the Southern District of New York. One of my principal responsibilities was to hear "appeals" from defense lawyers, usually, although not exclusively, in white collar crime cases. These lawyers felt that their clients should not be indicted, or that the plea offer they had received from the prosecutor in charge of the case was unduly severe. Sometimes their arguments were essentially factual contentions that the government had the wrong take on the evidence – that the …