Criminal Law Commons^™

Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver

NULR Online

No abstract provided.

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.

Court Of Appeals Of New York - Polito V. Walsh, William Pike

Touro Law Review

No abstract provided.

Flawed Coalitions And The Politics Of Crime, David Jaros

All Faculty Scholarship

Bipartisanship can be dangerous. In the late 1970s, liberal and conservative forces united to discard two centuries of federal sentencing practice and usher in an era of fixed guidelines that would reshape the criminal justice landscape. In the decades that followed, liberals would come to bitterly regret their alliance with conservative sentencing reformers. The guideline regime established by the Sentencing Reform Act ultimately advanced hardline conservative criminal justice goals that were antithetical to the objectives of many of the Act’s former liberal supporters.

Researchers have shown that a particular cognitive bias — cultural cognition — can explain why intense partisan …

Permissive Discrimination: How Committing A Crime Makes You A Criminal In Georgia, Luke Caselman

Mercer Law Review

No abstract provided.

"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker

University of Richmond Law Review

While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh

Articles

This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Student’S Crime Data Research Attracts National Ethics Symposium Attention, Kim Hill

News and Events (Discontinued Series)

No abstract provided.

Teaching The Methods Of White-Collar Practice: Investigatios, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

When Ijoined the George Washington University Law School [GW] faculty after practice as a federal prosecutor and white-collar criminal defense attorney, I quickly learned that a GW law student interested in exploring white-collar crime had a great many courses from which to choose. Several of my full-time colleagues teach courses that cover various topics relevant to white-collar crime, including a computer crimes course, a course in criminal tax litigation, and courses on anti-corruption in government contracting and the Foreign Corrupt Practices Act [FCPA]. GW is also fortunate to have a dedicated and talented adjunct faculty, which includes a former senior …

Presumed Imminence: Judicial Risk Assessment In The Post-9/11 World, Avidan Y. Cover

Cardozo Law Review

Court opinions in the terrorism context are often distinguished by fact-finding that relates to risk assessment. These risk assessments - inherently policy decisions - are influenced by cultural cognition and by cognitive errors common to probability determinations, particularly those made regarding highly dangerous and emotional events. In a post-9/11 world, in which prevention and intelligence are prioritized over prosecution, courts are more likely to overstate the potential harm, neglect the probability, and presume the imminence of terrorist attacks. As a result, courts are apt to defer to the government and require less evidence in support of measures that curtail civil …

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …

The Prosecutor Prince: Misconduct, Accountability, And A Modest Proposal, H. Mitchell Caldwell

Catholic University Law Review

No abstract provided.

Protecting The Family Home By Reunderstanding United States V. Bajakajian, Yan Slavinskiy

Cardozo Law Review

No abstract provided.

Introduction To The Symposium On Child Witnesses In Sexual Abuse Cases, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.

The Great Writ Hit: The Curtailment Of Habeas Corpus In Georgia Since 1967, Donald E. Wilkes Jr.

Scholarly Works

A welcome development, the landmark Georgia Habeas Corpus Act of 1967 modernized and vastly expanded the availability of postconviction habeas corpus relief in the Georgia court system. Since the early 1970s, however, there has been an unfortunate trend of imposing crippling restrictions on use of the Georgia writ of habeas corpus to obtain postconviction relief. Six restrictive Georgia habeas statutes, enacted between 1973 and 2004, have, among other things, reduced the number of claims which may be asserted in postconviction habeas proceedings, curtailed appeals of postconviction habeas decisions denying relief, and created a maze of procedural barriers to obtaining postconviction …

Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman

Cardozo Law Review

No abstract provided.

Summary Of Coleman V. State, 130 Nev. Adv. Op. 22, Kylee Gloeckner

Nevada Supreme Court Summaries

The Court determined whether a person who is serving a sentence of lifetime supervision may challenge that sentence by filing a post-conviction petition for a writ of habeas corpus. Summary written by Kylee Gloeckner.

Summary Of Davis V. State, 130 Nev. Adv. Op. 16, Danielle Barraza

Nevada Supreme Court Summaries

The Court clarified two issues: [1] whether battery is justifiable in self-defense under the same conditions that would justify homicide, and [2] when proposed jury instructions should be accepted by the trial court regarding justifiable battery.

You Do Not Have The Right To Remain Drunk: Expanding The Scope Of Implied Consent Through Fifth Amendment Voluntariness Standards, Avi Goldstein

Touro Law Review

No abstract provided.

Suspects Beware: Silence In Response To Police Questioning Could Prove As Fatal As A Confession, Larissa L. Ollivierre

Mercer Law Review

The Fifth Amendment to the United States Constitution' provides that "[nlo person shall be . . . compelled in any criminal case to be a witness against himself."' The Fifth Amendment guarantees a right against government-compelled self-incrimination. A person may invoke the right against self-incrimination when he believes he is being forced by a government official to implicate himself in any crime, and his belief is reasonable considering his situation. If his belief is reasonable, he is not required to answer the incriminating question, and he cannot be punished for refusing to answer.

The right to remain silent, as declared …

Pretrial Detention And The Right To Be Monitored, Samuel R. Wiseman

Scholarly Publications

Although detention for dangerousness has received far more attention in recent years, a significant number of non-dangerous but impecunious defendants are jailed to ensure their presence at trial due to continued, widespread reliance on a money bail system. This Essay develops two related claims. First, in the near term, electronic monitoring will present a superior alternative to money bail for addressing flight risk. In contrast to previous proposals for reducing pretrial detention rates, electronic monitoring has the potential to reduce both fugitive rates (by allowing the defendant to be easily located) and government expenditures (by reducing the number of defendants …

Impeachment By Unreliable Conviction, Anna Roberts

Faculty Scholarship

No abstract provided.

Nullification As Law, Jenny E. Carroll

Faculty Scholarship

The rule of law is central to our notion of governance and our legal system. The ideal of a knowable, regular, public law shimmers in the discourse of our democracy. It stands in sharp contrast to the arbitrary and often anarchic law of men, in which those with absolute power rule absolutely. But the devil is always in the details. To move past the idealism is to enter a contested realm where competing theories seek to claim the mantle of the rule of law. While this article cannot claim to resolve the dispute over the precise meaning or construct of …

Summary Of Sanchez-Dominguez V. State, 130 Nev. Adv. Op. 10, Brady Briggs

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether the felony murder rule applies to killings which occur only after all of the elements of the underlying felony are complete, and (2) whether the felony murder rule requires that a killing be caused by the commission of the underlying felony.

Summary Of Peciado V. State, 130 Nev. Adv. Op. 6, Geordan G. Logan

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether due process requires that all sidebar proceedings be made a part of the record; and (2) whether prospective jurors who are anything less than unequivocal about their impartiality should be excused for cause.

Tyranny By Proxy: State Action And The Private Use Of Deadly Force, John L. Watts

Notre Dame Law Review

The Article begins in Part I with a discussion of the Supreme Court’s opinion and holding in Tennessee v. Garner. It then describes the continuing application of the fleeing felon rule to private actors despite the Court’s holding in Garner.

Part II describes the state action doctrine, examines its history, and clarifies its purpose. It explains why the Court’s early focus on enhancing individual autonomy and federalism as the purpose of the state action doctrine was only partially correct. In fact, the doctrine enhances many of the familiar constitutional strategies for the prevention of tyranny including: separation of powers, democratic …

Could You Use That In A Sentence, Please?: The Intersection Of Prosecutorial Ethics, Relevant Conduct Sentencing, And Criminal Rico Indictments, William S. Mcclintock

Notre Dame Law Review

This Note highlights a potential prosecutorial abuse at the intersection of RICO and the Sentencing Guidelines; specifically, how a weak RICO charge can create an unfair sentencing advantage over a defendant who is acquitted of that charge but is still convicted of at least one other count. Because this sentencing strategy involves two complex statutory frameworks, this Note requires a detailed overview of both the RICO Act and the current sentencing regime; this is necessary to clearly demonstrate how a faulty RICO indictment can be used to conceptually tie together otherwise unrelated acts and achieve an increased sentence under “relevant …

Protecting More Than The Front Page: Codifying A Reporter’S Privilege For Digital And Citizen Journalists, Kathryn A. Rosenbaum

Notre Dame Law Review

This Note will first explain, in Part I, why journalists need to be protected, and detail the history of reporters invoking a reporter’s privilege in court to protect themselves from revealing their sources or information. It will then discuss Branzburg v. Hayes in Section II.A. Section II.B briefly examines circuits’ receptivity to statutory or constitutional protections of reporters. The Supreme Court has stated that Congress could pass a law to protect reporters. However, while multiple federal shield laws have been proposed, none have been passed. The most recent proposal occurred in 2013, and as of December 2013, the Senate version …