Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Yeshiva University, Cardozo School of Law (779)
- Universitas Indonesia (602)
- Washington and Lee University School of Law (298)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (294)
- Seattle University School of Law (270)
-
- BLR (220)
- Touro University Jacob D. Fuchsberg Law Center (217)
- Columbia Law School (174)
- University of Richmond (172)
- American University Washington College of Law (154)
- UIC School of Law (153)
- University of Michigan Law School (149)
- University of Maine School of Law (117)
- Brooklyn Law School (116)
- Maurer School of Law: Indiana University (113)
- University of Georgia School of Law (96)
- UC Law SF (91)
- Mercer University School of Law (87)
- Villanova University Charles Widger School of Law (84)
- Cornell University Law School (81)
- Texas A&M University School of Law (78)
- University of Miami Law School (76)
- Roger Williams University (75)
- St. John's University School of Law (72)
- Pace University (71)
- Northwestern Pritzker School of Law (70)
- Boston University School of Law (69)
- St. Mary's University (68)
- Fordham Law School (67)
- University of Colorado Law School (63)
- Keyword
-
- Criminal law (501)
- Criminal Law and Procedure (464)
- Criminal procedure (376)
- Criminal Law (225)
- Evidence (217)
-
- Death penalty (191)
- Constitutional Law (190)
- Sentencing (189)
- Criminal justice (188)
- Criminal Procedure (185)
- Capital punishment (142)
- Fourth Amendment (134)
- Due process (124)
- Supreme Court (115)
- Police (105)
- Sixth Amendment (105)
- Courts (101)
- Jurisprudence (95)
- Punishment (95)
- New York (94)
- Constitution (91)
- Law and Society (86)
- Law (82)
- Criminal (81)
- Crime (80)
- Prosecutors (80)
- Federal (77)
- Fifth Amendment (77)
- Constitutional law (73)
- Jury (73)
- Publication Year
- Publication
-
- Faculty Scholarship (553)
- Jurnal Hukum & Pembangunan (447)
- Cardozo Law Review (325)
- Nevada Supreme Court Summaries (259)
- Seattle University Law Review (222)
-
- ExpressO (195)
- Touro Law Review (185)
- Articles (167)
- University of Richmond Law Review (138)
- UIC Law Review (128)
- Faculty Publications (125)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Maine Law Review (115)
- All Faculty Scholarship (100)
- Cardozo Journal of Equal Rights & Social Justice (94)
- Scholarly Articles (94)
- Michigan Law Review (89)
- Mercer Law Review (80)
- Cornell Law Faculty Publications (79)
- Scholarly Articles in Law Reviews & Journals (77)
- Washington and Lee Law Review (77)
- Supreme Court Case Files (76)
- Scholarly Works (75)
- Articles by Maurer Faculty (67)
- Cardozo Public Law, Policy & Ethics Journal (61)
- Publications (59)
- West Virginia Law Review (58)
- Villanova Law Review (1956 - ) (54)
- Elisabeth Haub School of Law Faculty Publications (50)
- Georgetown Law Faculty Publications and Other Works (49)
- Publication Type
- File Type
Articles 4591 - 4620 of 6990
Full-Text Articles in Criminal Law
Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess
Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess
Nevada Supreme Court Summaries
Luis Hidalgo III and Anabel Espindola, awaiting a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another,” as required by NRS 200.033(2)(b). The other aggravator, murder to receive money, was successfully challenged as violating SCR 250(4)(c) requirements.
Death Penalty Law, Therese M. Day
Death Penalty Law, Therese M. Day
Mercer Law Review
This Article provides a survey of death penalty case law in Georgia from June 1, 2006 through May 31, 2007. The cases include those that were heard by the Georgia Supreme Court on interim appeal and direct appeal,1 and discussion is limited to claims which present new issues of law, refine existing law, or are otherwise instructive. This Article does not discuss holdings in capital cases that are common to all criminal appeals because these are discussed elsewhere in this Survey.
Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Cornell Law Faculty Publications
This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …
Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord
Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord
Nevada Supreme Court Summaries
No abstract provided.
What Is A Business Crime?, Richard A. Booth
What Is A Business Crime?, Richard A. Booth
Working Paper Series
Criminal prosecution has been used with increasing frequency recently in connection with a variety of business failures and other financial offenses. Indeed, it appears that there are few such offenses that cannot be prosecuted criminally even though they also give rise to civil remedies. While some such offenses seem to be quite serious frauds, others seem to be as minor as getting the accounting rules wrong. Thus, the question addressed in this essay is how to define a business crime and what should be the proper role of criminal prosecution in connection with business offenses. I start with the proposition …
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
University of Richmond Law Review
The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Rethinking Dui Law In Virginia, Monte Kuligowski
Rethinking Dui Law In Virginia, Monte Kuligowski
University of Richmond Law Review
As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
University of Richmond Law Review
No abstract provided.
Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal
Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal
Nevada Supreme Court Summaries
No abstract provided.
Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso
Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso
Cardozo Law Review
No abstract provided.
It's Just Not Cricket: Is The Principle Of Reciprocity Being Honored In The U.S.-U.K. Extradition Treaty?, Richard Goldberger
It's Just Not Cricket: Is The Principle Of Reciprocity Being Honored In The U.S.-U.K. Extradition Treaty?, Richard Goldberger
Cardozo Law Review
No abstract provided.
Decency, Dignity, And Desert: Restoring Ideals Of Humane Punishment To Constitutional Discourse, Eva Nilsen
Decency, Dignity, And Desert: Restoring Ideals Of Humane Punishment To Constitutional Discourse, Eva Nilsen
Faculty Scholarship
American punishment today is degrading, indecent, and harsher than deserved despite a Constitution designed to protect people from cruel and unusual punishment. Unfortunately, the U.S. Supreme Court’s response to the increasing inhumanity of contemporary punishment has been to reduce its Eighth Amendment jurisprudence to tidy categories, legal fictions, and hollow phrases. Absent from the discourse is any acknowledgement of the actual day-to-day experience facing the convicted person, or any suggestion that, although punishments can be degrading, they need not be. The case for treating a convicted person with respect for his human dignity, and for constitutional scrutiny of punishment as …
Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw
Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw
Nevada Supreme Court Summaries
Petition for a writ of mandamus challenging a district court’s order denying petitioner’s motion to substitute counsel.
Search And Seizure On Steroids: United States V. Comprehensive Drug Testing And Its Consequences For Private Information Stored On Commercial Electronic Databases, Aaron Seiji Lowenstein
Search And Seizure On Steroids: United States V. Comprehensive Drug Testing And Its Consequences For Private Information Stored On Commercial Electronic Databases, Aaron Seiji Lowenstein
Cardozo Public Law, Policy & Ethics Journal
The Ninth Circuit's decision in United States v. Comprehensive Drug Testing erodes Fourth Amendment protections by allowing government agents to search and seize private information from commercial electronic databases without a warrant or particularized suspicion, raising significant concerns about privacy rights in the digital age. The ruling permits the government to retain and use evidence beyond the scope of the original warrant, undermining constitutional safeguards and disproportionately impacting industries like healthcare. The decision highlights the tension between law enforcement needs and individual privacy, with the dissent warning of far-reaching consequences for personal data security.
Race And Recalcitrance: The Miller-El Remands, Sheri Johnson
Race And Recalcitrance: The Miller-El Remands, Sheri Johnson
Cornell Law Faculty Publications
In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus …
The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan
The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan
Cardozo Public Law, Policy & Ethics Journal
The note argues that amnesty can be a necessary and effective tool for achieving peace in conflict-ridden regions, even when the International Criminal Court (ICC) is involved. It focuses on Uganda's situation, where the government's amnesty offer to the Lords Resistance Army (LRA) was crucial for a ceasefire. The analysis suggests that the ICC should consider deferring to national processes, such as Uganda's Amnesty Act of 2000, to support transitional justice and reconciliation, rather than prioritizing prosecution. The note concludes that amnesty, integrated with traditional justice mechanisms, can be both legally permissible and morally justifiable in certain contexts.
The Waterloo For The So-Called Church Autonomy Theory: Widespread Clergy Abuse And Institutional Cover-Up, Marci A. Hamilton
The Waterloo For The So-Called Church Autonomy Theory: Widespread Clergy Abuse And Institutional Cover-Up, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
Pardon Me, But Can You Open That Door?: The Potential Effects Of Pardons On Subsequent Civil Suits By Pardonees Under Malicious Prosecution And Section 1983 - A Disciplined Approach To State Pardon Law, Joseph D. Mueller
Cardozo Law Review
No abstract provided.
Recalibrating Depravity In A Feingold Regime: Why New York Courts Should Maintain Register'S Approach To Depraved Indifference In Cases Of Murder By Abuse, Carrie L. Maylor
Recalibrating Depravity In A Feingold Regime: Why New York Courts Should Maintain Register'S Approach To Depraved Indifference In Cases Of Murder By Abuse, Carrie L. Maylor
Cardozo Law Review
No abstract provided.
A Philosopher Looks At Contemporary Terrorism, Igor Primoratz
A Philosopher Looks At Contemporary Terrorism, Igor Primoratz
Cardozo Law Review
No abstract provided.
More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb
More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb
Cardozo Law Review
No abstract provided.
Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson
Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, upon a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.
Summary Of Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure
Summary Of Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure
Nevada Supreme Court Summaries
This case is an appeal from a district court order dismissing a complaint that challenged a parole board proceeding under Nevada’s Open Meeting Law.‡Ìq
Criminal Law's "Mediating Rules": Balancing, Harmonization, Or Accident?, Michael T. Cahill
Criminal Law's "Mediating Rules": Balancing, Harmonization, Or Accident?, Michael T. Cahill
Faculty Scholarship
No abstract provided.
Civil Disobedience And The Necessity Defense, John Alan Cohan
Civil Disobedience And The Necessity Defense, John Alan Cohan
The University of New Hampshire Law Review
[Excerpt] “This article will first examine the nature of civil disobedience, and distinguish between direct and indirect civil disobedience. Part II highlights some historical examples of civil disobedience. Part IV then examines the principles of the necessity defense, analyzing each of the elements that make up the defense, illustrated with cases on point. Next, Part V will turn to an analysis of several abortion-protest cases that raise issues different from other types of civil disobedience cases. Part VI then will examine Viet Nam era civil disobedience cases. Following that, Part VIII will explore a unique defense known as the Nuremberg …
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Articles
Legal scholarship has long treated substantive criminal law and evidence as two separate and distinct fields. The former largely concerns itself with evaluating substantive criminal law rules by reference to various animating theories-most prominently, those of deterrence and retributivism.' Scholars, students, and policymakers laud or condemn doctrines based on notions of "just deserts" or ideas about the incentives they create for those disposed to commit a crime. When it comes to the numerous evidentiary and other rules that determine the course of prosecutions and proof, however, the conversation is different. Here, questions of reliability, evidential worth, and accuracy in fact-finding …
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Articles
This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law's deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law's dominant animating theories-deterrence and …
Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle
Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle
Nevada Supreme Court Summaries
Appellant Albert Gallegos was charged under NRS 202.360(1)(b),2 in 2004, with one count of unlawful possession of a firearm after police arrested him at his home in Clark County and found a firearm inside that home. That charge was based on a 1998 felony warrant issued by a California superior court. The California court issued the warrant when Gallegos failed to appear for sentencing after pleading nolo contendere to seven felony charges. At his Nevada trial, Gallegos testified that he did not appear for his sentencing hearing because the California superior court told him when he entered his plea that …
Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez
Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez
Nevada Supreme Court Summaries
Appeal from a district court’s order granting a defendant’s motion to suppress evidence found by a Las Vegas Metropolitan Police Officer during a consensual vehicle search.