Criminal Law Commons^™

Sex Discrimination And Sexual Harassment In Agricultural Labor, Maria M. Dominguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Race, Cops, And Traffic Stops, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.

The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker

Cardozo Journal of International and Comparative Law

The article explores the challenges of constructing a just and livable political society in the post-Cold War era, focusing on the tension between the global aspiration for liberal democracy and the resurgence of ethnic, religious, and moral claims. It examines how these competing forces shape political reconstruction and the search for a "good polity," emphasizing the need to learn from contemporary experiences and theoretical reflections.

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

The Future Of The Post-Batson Peremptory Challenge: Voir Dire By Questionnaire And The "Blind" Peremptory, Jean Montoya

University of Michigan Journal of Law Reform

This Article examines the peremptory challenge as modified by Batson and its progeny. The discussion is based in part on a survey of trial lawyers, asking them about their impressions of the peremptory challenge, Batson, and jury selection generally. The Article concludes that neither the peremptory challenge nor Batson achieve their full potential. Primarily because of time and other constraints on voir dire, the peremptory challenge falls short as a tool in shaping fair and impartial juries. While Batson may prevent some unlawful discrimination in jury selection, Batson falls short as a tool in identifying unlawful discrimination once it …

With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan

Indiana Law Journal

No abstract provided.

Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir

American University Journal of Gender, Social Policy & the Law

No abstract provided.

When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster

Seattle University Law Review

This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi

Seattle University Law Review

Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

Whose Justice? Which Victims?, Lynne Henderson

Scholarly Works

No abstract provided.

The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell

Cardozo Journal of International and Comparative Law

The note examines the Ninth Circuit Court of Appeals' decision in the case of James Joseph Smyth, which centered on the interpretation and application of Article 3a of the Supplementary Extradition Treaty between the US and the UK. The court overturned the lower court's ruling, holding that Smyth failed to meet the evidentiary burden required to establish a defense against extradition under Article 3a. The decision highlights the challenges of proving future mistreatment based on race, religion, nationality, or political opinions, emphasizing the need for individualized evidence rather than systemic concerns.

Introduction: The Promise Of The Violence Against Women Act Of 1994, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Specific Agreements About Race: A Response To Professor Sunstein, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

True Lies: The Role Of Pretext Evidence Under Batson V. Kentucky In The Wake Of St. Mary's Honor Center V. Hicks, David A. Sutphen

Michigan Law Review

In the process of determining whether a peremptory strike is valid, lower courts rely on the TI.tie VII burden-shifting framework originally laid out by the Supreme Court in McDonnell Douglas Corp. v. Green As a result, the order and presentation of proof in Batson cases deliberately parallels the order and presentation of proof in TI.tie VII intentional discrimination suits. In light of this similarity, the Supreme Court's recent TI.tie VII ruling in St. Mary's Honor Center v. Hicks - that proof of pretext under the McDonnell Douglas framework is not the legal equivalent to proof of intentional discrimination - raises …

Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn

Touro Law Review

No abstract provided.

Criminalization As A Policy Response To A Public Health Crisis, 27 J. Marshall L. Rev. 435 (1994), J. Kelly Strader

UIC Law Review

No abstract provided.

Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen

UIC Law Review

No abstract provided.

What's Happening With Respect To The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.

Comparative Proportionality Review: Will The Ends, Will The Means , Bruce Gilbert

Seattle University Law Review

This Comment attempts to achieve several objectives. Part II discusses the reasons that the death penalty was found to be unconstitutional in Furman v. Georgia. Part III reviews several post-Furman Supreme Court cases and the revised death penalty statutes that were deemed to satisfy the procedural inadequacies found in pre-Furman death sentence statutes. This Part also discusses the role proportionality review plays in making a death penalty statute constitutional. Part IV examines the development of comparative proportionality review in the State of Washington. State v. Benn will serve as the focus of this discussion. Part V demonstrates that Washington's application …

The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence

Michigan Law Review

This article explores how bias crimes differ from parallel crimes and why this distinction makes a crucial difference in our criminal law. Bias crimes differ from parallel crimes as a matter of both the resulting harm and the mental state of the offender. The nature of the injury sustained by the immediate victim of a bias crime exceeds the harm caused by a parallel crime. Moreover, bias crimes inflict a palpable harm on the broader target community of the crime as well as on society at large, while parallel crimes do not generally cause such widespread injury.

The distinction between …

Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis

Indiana Law Journal

No abstract provided.

Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris

Indiana Law Journal

No abstract provided.

Building Bridges: A Personal Reflection On Race, Crime, And The Juvenile Justice System, Fay Wilson Hobbs

Washington and Lee Law Review

No abstract provided.

Deliberate Indifference: Judicial Tolerance Of Racial Bias In Criminal Justice, Bryan A. Stevenson, * Ruth E. Friedman

Washington and Lee Law Review

No abstract provided.

Criminal Law And Justice System Practices As Racist, White, And Racialized, Kathleen Daly

Washington and Lee Law Review

No abstract provided.

A Minority View Of Juvenile "Justice", Coramae Richey Mann

Washington and Lee Law Review

No abstract provided.

From Social Safety Net To Dragnet: African American Males In The Criminal Justice System, Jerome G. Miller

Washington and Lee Law Review

No abstract provided.

The Police And Violent Crime, Joseph D. Mcnamara

Washington and Lee Law Review

No abstract provided.