Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3361 - 3390 of 7005

Full-Text Articles in Criminal Law

Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers Apr 2015

Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers

Cardozo Journal of International and Comparative Law

The article examines the evolving concept of "specific direction" in accomplice liability for war crimes under international law, highlighting the conflicting approaches of the ICTY and ICC. It advocates for the ICC to adopt a clear, intent-based standard to ensure accountability and consistency, avoiding the ambiguities of "specific direction."


A Contagion Of Fear: Post-9/11 Alarm Expands Executive Branch Authority And Sanctions Prosecutorial Exploitation Of America's Privacy, Carol M. Bast, Cynthia A. Brown Apr 2015

A Contagion Of Fear: Post-9/11 Alarm Expands Executive Branch Authority And Sanctions Prosecutorial Exploitation Of America's Privacy, Carol M. Bast, Cynthia A. Brown

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law Mar 2015

Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White Mar 2015

Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss Mar 2015

The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss

Washington and Lee Law Review

No abstract provided.


What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon Mar 2015

What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon

Faculty Scholarship

This symposium article responds to the question, what's left of the law in the wake of ADR? The article addresses this question in the context of the criminal justice system in the United States. As with civil cases, few criminal cases go to trial. Negotiated agreements through plea bargaining have been the predominate form of case resolution since at least the mid-twentieth century. Plea bargaining, as with other forms of alternative dispute resolution, is an informal process that operates largely outside the formal legal system. Plea bargains are rarely negotiated on the record in open court. Instead, they are usually …


The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright Mar 2015

The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright

University of Richmond Law Review

No abstract provided.


Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass Mar 2015

Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass

University of Richmond Law Review

No abstract provided.


Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid Mar 2015

Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid

University of Richmond Law Review

No abstract provided.


Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate Mar 2015

Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate

University of Richmond Law Review

No abstract provided.


The Executioner's Dilemmas, Eric Berger Mar 2015

The Executioner's Dilemmas, Eric Berger

University of Richmond Law Review

No abstract provided.


Interrogation Policies, Brandon L. Garrett Mar 2015

Interrogation Policies, Brandon L. Garrett

University of Richmond Law Review

No abstract provided.


Witnessing Executions, Frank Green Mar 2015

Witnessing Executions, Frank Green

University of Richmond Law Review

No abstract provided.


The Politics Of Botched Executions, Corinna Barrett Lain Mar 2015

The Politics Of Botched Executions, Corinna Barrett Lain

University of Richmond Law Review

No abstract provided.


Lethal Injections: States Medicalize Execution, Joel B. Zivot Mar 2015

Lethal Injections: States Medicalize Execution, Joel B. Zivot

University of Richmond Law Review

No abstract provided.


Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith Mar 2015

Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith

University of Richmond Law Review

No abstract provided.


Keynote Speaker, Jonathan Rapping Feb 2015

Keynote Speaker, Jonathan Rapping

Working in the Public Interest Conferences

Keynote address presented by president and founder of Gideon’s Promise and director of the honors program in criminal justice at Atlanta’s John Marshall Law School, lecturer on law at Harvard Law School, 2014 MacArthur Foundation fellow and "genius grant" recipient, and 2013 Public Interest Scholar in Residence at Touro Law School.


Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack Feb 2015

Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack

Law School Blogs

No abstract provided.


Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer Feb 2015

Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer

NULR Online

No abstract provided.


The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman Feb 2015

The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman

NULR Online

No abstract provided.


Race Matters In Jury Selection, Peter A. Joy Feb 2015

Race Matters In Jury Selection, Peter A. Joy

NULR Online

No abstract provided.


The Case For Prosecuting Arms Traffickers In The International Criminal Court, Leigh Rome Feb 2015

The Case For Prosecuting Arms Traffickers In The International Criminal Court, Leigh Rome

Cardozo Law Review

No abstract provided.


Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag Feb 2015

Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag

Cardozo Law Review

Law enforcement has gradually amassed a sizable DNA database that holds considerable promise for solving cold cases and identifying suspects. The Supreme Court has blessed this effort, allowing investigators to include profiles of arrestees as well as convicted persons in the database. At present, though, law enforcement has a near monopoly on use of the DNA database, leaving defendants at the whim of the law enforcement officials who control access to this tool. Legal scholars have alternatively praised and decried the database, but none has examined its prospects for proving defendants' innocence post-conviction. This Article fills that void by identifying …


The Intracorporate Conspiracy Trap, J. S. Nelson Feb 2015

The Intracorporate Conspiracy Trap, J. S. Nelson

Cardozo Law Review

In the recent case of Commonwealth v. Lynn, Pennsylvania prosecuted a Roman Catholic priest who had not abused children himself but who, to protect the archdiocese that employed him, covered up information about priests who had abused children and reassigned the priests to new parishes. This case was the first of its kind to bring criminal charges against an official of the Church solely for how he supervised the careers of priests to protect his employer.

Because the intracorporate conspiracy doctrine prohibits it, the state - as is now typical of both state and federal jurisdictions around the country …


Hijacking Justice: Assessing The Emergency Driven Analysis Of Confrontation Clause Jurisprudence, Steven C. Berlowitz Feb 2015

Hijacking Justice: Assessing The Emergency Driven Analysis Of Confrontation Clause Jurisprudence, Steven C. Berlowitz

Cardozo Law Review

No abstract provided.


The Divisibility Of Crime, Jessica A. Roth Feb 2015

The Divisibility Of Crime, Jessica A. Roth

Articles

Near the end of the Supreme Court's 2012-2013 term, the Court decided Descamps v. United States, which concerned the application of the federal Armed Career Criminal Act (ACCA). The ACCA is a recidivist statute that vastly increases the penalties for persons convicted of federal firearms offenses if they have previously been convicted of certain qualifying felonies. Descamps represents the Court's most recent word on the so-called categorical approach, which directs courts to consider the elements of a prior offense of conviction, rather than the underlying facts of the crime, in determining whether the prior conviction "counts" for purposes of applying …


Leveraging Predictive Policing Algorithms To Restore Fourth Amendment Protections In High-Crime Areas In A Post-Wardlow World, Kelly K. Koss Jan 2015

Leveraging Predictive Policing Algorithms To Restore Fourth Amendment Protections In High-Crime Areas In A Post-Wardlow World, Kelly K. Koss

Chicago-Kent Law Review

Rapid technological changes have led to an explosion in Big Data collection and analysis through complex computerized algorithms. Law enforcement has not been immune to these technological developments. Many local police departments are now using highly advanced predictive policing technologies to predict when and where crime will occur in their communities, and to allocate crime-fighting resources based on these predictions.

Although predictive policing technology has an array of the potential uses, the scope of this Note is limited to addressing how the statistical outputs from these technologies can be used to restore eroded Fourth Amendment rights in alleged high-crime areas. …


Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto Jan 2015

Reclaiming The Equitable Heritage Of Habeas, Erica Hashimoto

Northwestern University Law Review

No abstract provided.


Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick Jan 2015

Oversight Hearing On Juvenile Justice In Indian Country: Challenges And Promising Strategies, Addie C. Rolnick

Congressional Testimony

In her testimony before the United States Senate Committee on Indian Affairs, Prof. Rolnick describes her research and recommendations concerning how to improve juvenile justice for American Indian and Alaska Native youth.


Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene Jan 2015

Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene

Faculty Scholarship

No abstract provided.