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Full-Text Articles in Criminal Law

Never Again? The "Concentration Camps" In Bosnia-Herzegovina: A Legal Analysis Of Human Rights Abuses, Alan C. Laifer Apr 1994

Never Again? The "Concentration Camps" In Bosnia-Herzegovina: A Legal Analysis Of Human Rights Abuses, Alan C. Laifer

Cardozo Journal of International and Comparative Law

The note draws parallels between the atrocities committed during the Holocaust and the ongoing violence in Bosnia, emphasizing the need for international accountability. It advocates for the establishment of a War Crimes Tribunal, modeled after the Nuremberg Tribunal, to prosecute individuals responsible for genocide and other war crimes. The analysis critiques the international community’s inaction and underscores the importance of upholding international law to prevent future atrocities.


The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait Apr 1994

The Meaning Of Daubert And What That Means For Forensic Science, Randolph N. Jonakait

Cardozo Law Review

Daubert's effect on forensic science is unclear because the opinion is unclear. The Daubert Court did start blazing a useful path by stating that before scientific testimony is admitted, the trial court must be convinced that "the reasoning or methodology underlying the testimony is scientifically valid and ... that [the] reasoning or methodology properly can be applied to the facts in issue." But the Court's trailblazing was incomplete and often misleading.


Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines Jan 1994

Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines

St. Thomas Law Review

This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.


Character Evidence, James L. Kainen Jan 1994

Character Evidence, James L. Kainen

Touro Law Review

No abstract provided.


Expert Testimony, Barry C. Scheck Jan 1994

Expert Testimony, Barry C. Scheck

Touro Law Review

No abstract provided.


Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley Jan 1994

Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley

Scholarly Works

Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.

Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …


For The Criminal Practitioner, Carl Horn Jan 1994

For The Criminal Practitioner, Carl Horn

Washington and Lee Law Review

No abstract provided.


Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia Jan 1994

Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia

Pace International Law Review

No abstract provided.


Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan Nov 1993

Sentence Credit For Pre-Trial Defendants Released To Residential Detention Facilities, Maryellen Sullivan

Vanderbilt Law Review

Most individuals consider continued confinement to a residential detention facility and denial of access to phone, mail, and family visits to constitute involuntary detention. The majority of the federal courts of appeal do not agree, however, and will not grant sentence credit to a federal offender for time spent, as a condition of bond, in a "treatment center" or "halfway house."' These same courts, without exception, grant sentence credit to individuals who are remanded to these residen- tial facilities after conviction. This inequity violates the purpose of the Bail Reform Act of 1966 (the "Act"), which ensures even-handed and uniform …


Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King Oct 1993

Postconviction Review Of Jury Discrimination: Measuring The Effects Of Juror Race On Jury Decisions, Nancy J. King

Michigan Law Review

In Part I, I review the empirical evidence concerning the effect of jury discrimination on jury decisions. Using the work of social and cognitive psychologists, I argue that the influence of jury discrimination on jury decisions is real and can be measured by judges in certain circumstances. The empirical studies suggest criteria that courts could use to identify the cases in which jury discrimination is most likely to affect the verdict. I also refute the argument that white judges can never predict the behavior of jurors of racial backgrounds different than their own and conclude that judicial estimates of the …


Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon Sep 1993

Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon

BYU Law Review

No abstract provided.


Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann Jul 1993

Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.


Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller Jan 1993

Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller

Michigan Journal of International Law

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


A Note To Our Readers, The Editors Jan 1993

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.


Right To Counsel Jan 1993

Right To Counsel

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel Jan 1993

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


An Overview Of Illinois Contempt Law: A Court's Inherent Power And The Appropriate Procedures And Sanctions, 26 J. Marshall L. Rev. 223 (1993), Robert G. Johnston, Kevin E. Bry Jan 1993

An Overview Of Illinois Contempt Law: A Court's Inherent Power And The Appropriate Procedures And Sanctions, 26 J. Marshall L. Rev. 223 (1993), Robert G. Johnston, Kevin E. Bry

UIC Law Review

No abstract provided.


Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis Jan 1993

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.


Constitutional Posture Of Canine Sniffs, Lina Shahin Jan 1993

Constitutional Posture Of Canine Sniffs, Lina Shahin

Touro Law Review

No abstract provided.


Federal Court Reform Should Start At The Top, Roger J. Miner '56 Jan 1993

Federal Court Reform Should Start At The Top, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


Reel Time/Real Justice, Kimberlé W. Crenshaw Jan 1993

Reel Time/Real Justice, Kimberlé W. Crenshaw

Faculty Scholarship

Like the Anita Hill/Clarence Thomas hearings a few months before, the Rodney King beating, the acquittal of the Los Angeles police officers who "restrained" him and the subsequent civil unrest in Los Angeles flashed Race across the national consciousness and the gaze of American culture momentarily froze there. Pieces of everyday racial dynamics briefly seemed clear, then faded from view, replaced by presidential politics and natural disasters.

This Essay examines in more depth what was exposed during the momentary national focus on Rodney King. Two main events – the acquittal of the police officers who beat King and the civil …


The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster Jan 1993

The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster

UIC Law Review

No abstract provided.


The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner Jan 1993

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.


Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page Jan 1993

Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.