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Articles 1981 - 2010 of 2367

Full-Text Articles in Courts

Why Should The Prosecutor Get The Last Word?, John B. Mitchell Jan 2000

Why Should The Prosecutor Get The Last Word?, John B. Mitchell

Faculty Articles

This article examines reasons the prosecutor should make the closing arguments in the United States. It also examines the importance of closing arguments; the advantages of going first and the scientific bases of primacy; and the advantages of rebuttal.

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The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich Mar 1999

The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich

Cardozo Law Review

No abstract provided.

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No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins Jan 1999

No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins

Faculty Publications

Domestic violence is a problem that must be dealt with for what it is: a criminal act. The only way to effectively diminish it is through the full force of the criminal justice system, which must treat domestic violence the same as it treats crime by strangers. The purpose of this note is to argue that aggressive prosecution of domestic violence-at least to the same extent that other violent crimes are prosecuted-is mandated by the Equal Protection Clause of the Fourteenth Amendment. Part I will examine the extent of the problems that pervade the criminal justice system, both historically and …

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Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight Jan 1999

Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight

UIC Law Review

No abstract provided.

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Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron Jan 1999

Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron

UIC Law Review

No abstract provided.

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When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith Jan 1999

When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith

UIC Law Review

No abstract provided.

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Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande Jan 1999

Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande

UIC Law Review

No abstract provided.

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Proving The Lie: Litigating Police Credibility, David N. Dorfman Jan 1999

Proving The Lie: Litigating Police Credibility, David N. Dorfman

Elisabeth Haub School of Law Faculty Publications

This essay proposes a wider scope for a somewhat timeworn discussion-specifically, that police mendacity and the need to deter this form of police misconduct go to the very heart of our criminal justice system and the need for trust in government and its processes, which search and seizure law and practice is only a small part. Being only a part of a much larger systemic societal problem, tinkering with search and seizure law and process alone will not heighten the police witness' respect for the oath.

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Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David Jan 1999

Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David

Michigan Journal of International Law

This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …

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Book Review, David S. Tanenhaus Jan 1999

Book Review, David S. Tanenhaus

Scholarly Works

In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …

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Pleading For Theft Consolidation In Virginia: Larceny, Embezzlement, False Pretenses And § 19.2-284, John Wesley Bartram Jan 1999

Pleading For Theft Consolidation In Virginia: Larceny, Embezzlement, False Pretenses And § 19.2-284, John Wesley Bartram

Washington and Lee Law Review

No abstract provided.

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Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley Jan 1999

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.

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California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey Jan 1999

California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey

Publications

No abstract provided.

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Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross Jan 1999

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

In case after case, erroneous conviction for capital murder has been proven. I contend that these are not disconnected accidents, but systematic consequences of the nature of homicice prosecution in the general and capital prosecution in particular - that in this respect, as in others, death distorts and undermines the course of the law.

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Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher Jan 1999

Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse Jan 1999

Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse

Reports & Public Policy Documents

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …

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The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam Jan 1999

The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam

Articles

No abstract provided.

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Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.

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After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman May 1998

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.

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Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown Mar 1998

Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown

Michigan Law Review

In one of the few existing recordings of American juries deliberating in an actual criminal case, Wisconsin v. Reed, we observe jurors struggling with how they should apply a statute in a case in which the facts are not in real dispute. The defendant is charged with felon in possession of a gun, and all agree that he has a felony record and owned a pistol until he turned it over to the police upon their request. The statute contains three elements. The defendant must (a) have a felony conviction, (b) have possessed a gun, and (c) have known that …

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Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein Jan 1998

Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein

Touro Law Review

No abstract provided.

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Rule Of Law Amid Lawlessness: Counseling The Accused In Rwanda's Domestic Genocide Trials, Mark A. Drumbl Jan 1998

Rule Of Law Amid Lawlessness: Counseling The Accused In Rwanda's Domestic Genocide Trials, Mark A. Drumbl

Scholarly Articles

This article, by way of personal narrative, sets out my experiences with Legal Aid Rwanda in February and March of 1998. In doing so, it describes, from a defense counsel perspective, an attempt to create due process within a procedural void. Legal Aid Rwanda's mandate focused not on the handful of detainees actually selected to proceed to trial, but rather on the vast numbers languishing in prison. In the end, my experiences lead me to question the merit of a courtroom in addressing mass crimes, of adjudication as a device to promote national reconciliation in a post-genocidal society, and of …

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Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.

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Terry, Race, And Judicial Integrity: The Court And Suppression During The War On Drugs, Jack B. Weinstein, Mae Quinn Jan 1998

Terry, Race, And Judicial Integrity: The Court And Suppression During The War On Drugs, Jack B. Weinstein, Mae Quinn

Journal Articles

No abstract provided.

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La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley Jan 1998

La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley

Scholarly Works

A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …

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Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse Jan 1998

Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse

Scholarly Works

This article chronicles the Burger Court's inability to fashion a suitable remedy for racism in the discretionary system of capital sentencing. The article discusses the Court's initial response, “remedial paralysis,” which is evident, not only in McGautha v. California, where the Court refused to find that the Due Process Clause was violated by standardless death sentencing, but also in Furman v. Georgia, where the Court decided to abolish the death penalty. The article further explores the Court's reinstatement of the death penalty, and two of the Court's forays into “bad faith” denial that sustained the death penalty, particularly the Court's …

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Death In The Federal Courts: Expectations And Realities Of The Federal Death Penalty Act Of 1994, John P. Cunningham Jan 1998

Death In The Federal Courts: Expectations And Realities Of The Federal Death Penalty Act Of 1994, John P. Cunningham

University of Richmond Law Review

"Thou shalt not kill." These four words have echoed throughout the churches, judicial courts, and political meeting places of men and women for time immemorial. Along with their deep religious and political significance, they carry with them a haunting contrast to the current state of mankind: men and women can kill other men and women-legally. In the United States, this "legal" killing, commonly referred to as the "death penalty," traditionally takes place within the confines of the individual state judicial systems, and generally involves the execution of felons tried and convicted of some form of intentional murder.

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State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett Jan 1998

State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …

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A Question Of Intent: Aiding And Abetting Law And The Rule Of Accomplice Liability Under § 924©, Tyler B. Robinson Dec 1997

A Question Of Intent: Aiding And Abetting Law And The Rule Of Accomplice Liability Under § 924©, Tyler B. Robinson

Michigan Law Review

Firearms are common tools of the violent-crime and drugtrafficking trades. Their prevalence is reflected in the frequency with which federal prosecutors charge, juries apply, and courts review 18 U.S.C. §924(c). That provision imposes heavy penalties for either the use or carrying of a firearm "during and in relation to any crime of violence or drug trafficking crime," in addition to the punishment provided for the underlying violent or drug-related offense. A conviction under section 924(c) carries at the very least a mandatory, consecutive five-year sentence, even when the underlying crime already provides enhanced punishment for use of a dangerous weapon …

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Unjust Laws, Robert F. Utter Dec 1997

Unjust Laws, Robert F. Utter

Cardozo Law Review

No abstract provided.

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