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 5371 - 5400 of 6990

Full-Text Articles in Criminal Law

Lacan And The Discourse Of Science In Law, David S. Caudill Aug 2003

Lacan And The Discourse Of Science In Law, David S. Caudill

Cardozo Law Review

No abstract provided.

Go to article

Access To Search Warrant Materials: Balancing Competing Interests Pre-Indictment, Michael D. Johnson, Anne E. Gardner Jul 2003

Access To Search Warrant Materials: Balancing Competing Interests Pre-Indictment, Michael D. Johnson, Anne E. Gardner

University of Arkansas at Little Rock Law Review

No abstract provided.

Go to article

The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb Jul 2003

The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb

Rutgers Law School (Newark) Faculty Papers

This piece discusses the case of Andrea Yates, the woman who confessed to drowning her five children to death and was subsequently convicted of murder (though the conviction has since been overturned). In this piece, Colb contends that Andrea Yates was convicted because of the jurors’ emotional/psychological response to the possibility that post-partum psychosis could cause an otherwise decent person to commit such brutal acts. As a symptom of denial, Colb argues, the jury rejected the insanity defense and thereby reassured itself that only evil people could do what Yates did. If that were the case, then it would be …

Go to article

Cultural Heritage And Identity, Lucille A. Roussin Jul 2003

Cultural Heritage And Identity, Lucille A. Roussin

Cardozo Journal of International and Comparative Law

The article explores the intersection of "cultural property" and "cultural heritage," arguing that while cultural property refers to specific, legally defined objects of historical or scientific significance, cultural heritage encompasses a broader, collective concept tied to identity, history, and public interest. The article highlights how these concepts increasingly overlap, particularly in cases involving restitution, indigenous rights, and the commodification of cultural artifacts. It emphasizes the need for harmonized national and international legal frameworks to address these issues effectively.

Go to article

Summary Of State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep Jun 2003

Summary Of State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep

Nevada Supreme Court Summaries

Expedited appeal from an order of the Second Judicial District Court, State of Nevada, granting a motion to suppress evidence of narcotics obtained by searching defendant after arrest for two minor traffic violations.-flas

Go to article

It's Not Just For Law School Anymore: Clinical Education On The Death Penalty For Undergraduates, Jon Gould Jun 2003

It's Not Just For Law School Anymore: Clinical Education On The Death Penalty For Undergraduates, Jon Gould

Journal of Legal Education

No abstract provided.

Go to article

Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith Jun 2003

Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith

Presentations

No abstract provided.

Go to article

A Practice Commentary To Judiciary Law Article 19, Lawrence N. Gray May 2003

A Practice Commentary To Judiciary Law Article 19, Lawrence N. Gray

Cardozo Public Law, Policy & Ethics Journal

The article critically examines New York’s Judiciary Law Article 19, which governs contempt powers, highlighting its complexities, contradictions, and need for reform. It argues that the law conflates criminal and civil contempt, creating confusion in procedure and substance, and that the judiciary’s inherent power to define crimes undermines legislative authority. Additionally, the article addresses the intersection of contempt law with constitutional rights, particularly the Sixth Amendment and news media privileges, emphasizing the need for clarity and modernization of the statute.

Go to article

Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello May 2003

Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello

Cardozo Public Law, Policy & Ethics Journal

The article argues that the federal government, particularly through the Department of Justice, has launched a multi-faceted assault on the attorney-client privilege, undermining its protections. Recent laws, rules, and policies, such as the Attorney General's monitoring rules for inmate communications and the Department of Justice's guidelines pressuring corporations to waive privilege, threaten the confidentiality essential to the attorney-client relationship. These actions, often justified under the guise of national security and combating corporate fraud, erode constitutional rights and the adversarial system of justice.

Go to article

Taint Teams And Firewalls: Thin Armor For Attorney-Client Privilege, Heidi Boghosian May 2003

Taint Teams And Firewalls: Thin Armor For Attorney-Client Privilege, Heidi Boghosian

Cardozo Public Law, Policy & Ethics Journal

The article argues that post-9/11 U.S. government policies, particularly the monitoring of attorney-client communications and the indictment of Lynne Stewart, significantly erode the attorney-client privilege and the Sixth Amendment right to effective counsel. These actions, justified under national security, undermine constitutional protections and set a dangerous precedent for legal representation, especially for controversial or politically sensitive cases.

Go to article

Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Rill May 2003

Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Rill

Cardozo Law Review

No abstract provided.

Go to article

Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams May 2003

Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams

Cardozo Law Review

No abstract provided.

Go to article

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith Apr 2003

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.

Go to article

Trends. Social Cognition And The Legal Adjudication Of Terrorism Cases, Ibpp Editor Apr 2003

Trends. Social Cognition And The Legal Adjudication Of Terrorism Cases, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the impact of terrorism on the justice system and security.

Go to article

A Challenge To The Rationale For General Economic Crime Sentence Increases Following Sarbanes-Oxley, Frank O. Bowman Iii Apr 2003

A Challenge To The Rationale For General Economic Crime Sentence Increases Following Sarbanes-Oxley, Frank O. Bowman Iii

Faculty Publications

I am writing in response to the Commission's request for comment published in the Federal Register on January 17, 2003. I will address the question of whether the base offense level and/or the loss table of U.S.S.G. § 2B1.1 should be further modified to provide across-the-board sentence increases for economic crime offenders at virtually all loss levels. In my view, no case for doing so has yet been made.

Go to article

Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs Apr 2003

Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Go to article

Mercy By The Numbers: An Empirical Analysis Of Clemency And Its Structure, Michael Heise Apr 2003

Mercy By The Numbers: An Empirical Analysis Of Clemency And Its Structure, Michael Heise

Cornell Law Faculty Publications

Clemency is an extrajudicial measure intended both to enhance fairness in the administration of justice, and allow for the correction of mistakes. Perhaps nowhere are these goals more important than in the death penalty context. The recent increased use of the death penalty and concurrent decline in the number of defendants removed from death row through clemency call for a better and deeper understanding of clemency authority and its application. Questions about whether clemency decisions are consistently and fairly distributed are particularly apt. This study uses 27 years of death penalty and clemency data to explore the influence of defendant …

Go to article

Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus Apr 2003

Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus

Cornell Law Faculty Publications

Next to Texas, no state has executed more capital defendants than Virginia. Moreover, the likelihood of a death sentence actually being carried out is greater in Virginia than it is elsewhere, while the length of time between the imposition of a death sentence and its actual execution is shorter. Virginia has thus earned a reputation among members of the defense bar as being among the worst of the death penalty states. Yet insofar as these facts about Virginia's death penalty relate primarily to the behavior of state and federal appellate courts, they suggest that what makes Virginia's death penalty unique …

Go to article

The Scottsboro Trials: A Legal Lynching (Part Ii), Faust Rossi Apr 2003

The Scottsboro Trials: A Legal Lynching (Part Ii), Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Go to article

Editor's Observations: The Sarbanes-Oxley Act And What Came After, Frank O. Bowman Iii Apr 2003

Editor's Observations: The Sarbanes-Oxley Act And What Came After, Frank O. Bowman Iii

Faculty Publications

On December 2, 2001, the Enron Corporation filed the largest bankruptcy petition in U.S. history. Losses to investors, creditors, employees, and pensioners were in the billions. Criminal investigations are ongoing. On May 1, 2003, the U.S. Sentencing Commission passed a set of amendments to the U.S. Sentencing Guidelines that will, among other things, prevent a federal district judge from awarding a sentence of straight probation to a defendant convicted at trial of an $11,000 mail fraud. This Issue of FSR tells the story of how the first of these apparently unrelated events led to the second. Put another way, this …

Go to article

Summary Of Buchanan V. State, Akke Levin Jan 2003

Summary Of Buchanan V. State, Akke Levin

Nevada Supreme Court Summaries

Appeal from a judgment by the Second Judicial District Court of Washoe County, convicting Denise Dianna Buchanan of two counts of first-degree murder.

Go to article

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons Jan 2003

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Vanderbilt Law Review

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistle- blower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak. The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

Go to article

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie Jan 2003

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

Faculty Publications

In August of 2000, the Report of the Panel on United Nations Peace Operations (the “Brahimi Report”) considered the issue of transitional civil administration as an element of United Nations field operations. The Brahimi Report recommended the creation of an interim legal code as part of a U.N. justice package so that any future UN transitional administrations would be able to address the issue of “applicable law” in the early stages of its mission. Using the experience of the United National Transitional Administration in East Timor (UNTAET) as a case study, this article establishes how and why a complete model …

Go to article

Toward A Criminology Of International Crime, Mark A. Drumbl Jan 2003

Toward A Criminology Of International Crime, Mark A. Drumbl

Scholarly Articles

The criminal adjudication of those who perpetrate egregious human rights violations has gained normative currency among international lawyers and rights activists. This norm has encouraged the construction of a variety of international legal institutions, specifically tribunals and courts. This Article tracks the logic of this norm and suggests that, at its root, it represents a general extension of Western municipal criminal law, and Anglo-American common law methodologies in particular, to the international context and cases of mass violence. This triggers two interrelated concerns: is this extension (1) theoretically sustainable and (2) operationally effective for adjudicating wrongdoing in all cases of …

Go to article

Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman Jan 2003

Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutor's misuse of scientific evidence to charge and convict has not been sufficiently examined. Courts and commentators critiquing abuses of scientific evidence in criminal cases rarely focus on the prosecutor's role in the process. Issues typically discussed are the questionable nature of the evidence, the controversial manner in which the evidence was acquired and tested, whether the expert arrived at her conclusions in a scientifically reliable manner, and whether the expert's courtroom testimony was false or misleading. The prosecutor's control over and manipulation of the scientific evidence to shape the fact-finder's evaluation of the facts and to persuade the …

Go to article

In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch Jan 2003

In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch

UIC Law Review

No abstract provided.

Go to article

Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr. Jan 2003

Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr.

UIC Law Review

No abstract provided.

Go to article

Death By Any Other Name: The Federal Government's Inconsistent Treatment Of Drugs Used In Lethal Injections And Physician-Assisted Suicide, Colin Miller Jan 2003

Death By Any Other Name: The Federal Government's Inconsistent Treatment Of Drugs Used In Lethal Injections And Physician-Assisted Suicide, Colin Miller

Journal of Law and Health

While the FDA is under no legal obligation to regulate the drugs used in executions, these recent developments certainly create a moral imperative requiring review. This paper will argue that the federal government cannot consistently refrain from regulating lethal injection drugs while arguing for prosecution of those prescribing drugs to be used by patients in assisted suicide. Part II will look at the opinions in Chaney and the factors behind the FDA's decision not to regulate the drugs used in executions. Part III will look at Oregon's Death with Dignity Act and its authorization by the Supreme Court. Parts IV-VI …

Go to article

Summary Of West V. State, Amanda Yen Jan 2003

Summary Of West V. State, Amanda Yen

Nevada Supreme Court Summaries

On February 5, 2001, the general manager of Canyon Gate Mini Storage discovered the decomposing body of Christine Smith in the storage unit owned by Smith and her daughter, appellant Brookey Lee West. Smith’s body was sealed in a garbage can wrapped with duct tape, garbage bags and cellophane wrap. A white plastic bag, knotted at the back of her head, covered Smith’s nose and mouth. Upon searching West’s apartment, police discovered Smith’s bank statements. The police determined that there were numerous ATM withdrawals on Smith’s bank account after February 1998, when Smith was last seen alive. West was charged …

Go to article

Accomplishing The Purposes Of Sentencing–The Role Of The Courts And The Commission, Aaron J. Rappaport Jan 2003

Accomplishing The Purposes Of Sentencing–The Role Of The Courts And The Commission, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Go to article

First Prev Next Last