Criminal Law Commons^™

New Opportunities For Defense Attorneys: How Record Preservation Requirements After The New Habeas Bill Require Extensive And Exciting Trail Preparation, 30 J. Marshall L. Rev. 389 (1997), Andrea D. Lyon

UIC Law Review

No abstract provided.

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.

Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher

UIC Law Review

No abstract provided.

Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler

UIC Law Review

No abstract provided.

Race-Based Jury Nullification: Rebuttal (Part B), 30 J. Marshall L. Rev. 929 (1997), Charles P. Kocoras

UIC Law Review

No abstract provided.

Race-Based Jury Nullification: Surrebuttal, 30 J. Marshall L. Rev. 933 (1997), Paul D. Butler

UIC Law Review

No abstract provided.

Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell

UIC Law Review

No abstract provided.

An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston

Touro Law Review

No abstract provided.

What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker

UIC Law Review

No abstract provided.

Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.

UIC Law Review

No abstract provided.

Cancelling Crime, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii

Faculty Publications

Professor Frank Bowman proposed the following consolidated theft/fraud guideline to the U.S. Sentencing Commission in October 1997. The proposal is explained in detail in a forthcoming law review article, Coping With Loss”: A Re-Examination of Federal Economic Crime Sentencing Under the Guidelines, 51 Vanderbilt L. Rev. -- (April 1998).

Criminal History And The Purposes Of Sentencing, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

A fundamental premise of the American criminal justice system is defense counsel's zealous professional advocacy. Representation of a criminal defendant to be effective must be vigorous. In administering a trial, judges have a duty to ensure a fair and orderly proceeding. On occasion, however, judges overstep the line and impede defense counsel's advocacy functions unfairly. This article describes some of the ways that trial judges may violate legal and ethical standards by improperly interfering with defense counsel's courtroom functions.

Guest Editor's Observations: Back To Basics: Helping The Commission Solve The "Loss" Mess With Old Familiar Tools, Frank O. Bowman Iii

Faculty Publications

Roughly one-quarter of all convicted federal defendants are sentenced for some kind of economic crime.1 There is an emerging consensus that the provisions of the federal sentencing guidelines devoted to economic crime do not work very well, a consensus that has created a powerful momentum for significant change. This Issue of FSR is about whether the guidelines concerning economic offenses, principally §2B1.1 (Theft) and §2F1.1 (Fraud), should be materially altered, and if so, how. The debate that has been joined over this question is technically complex and philosophically challenging. There are disagreements over issues as particular as when collateral posted …

Concepts Of Culpability And Deathworthiness: Differentiating Between Guilt And Punishment In Death Penalty Cases, Phyllis L. Crocker

Law Faculty Articles and Essays

The punishment of death is supposed to be reserved for those defendants who commit the most grievous murders and deserve the most extreme punishment. It is constitutionally insufficient to conclude that because a defendant is guilty of committing murder, death is the only deserved punishment. The judgment that a defendant is one of the few who will be sentenced to death requires an inquiry that looks beyond the defendant's guilt to consider whether the defendant is worthy of a death sentence. This article argues that the distinction between a defendant's guilt and deathworthiness is so often obscured that defendants who …

Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat

UIC Law Review

No abstract provided.

Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen

UIC Law Review

No abstract provided.

The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson

UIC Law Review

No abstract provided.

The Role Of Race-Based Jury Nullification In American Criminal Justice: Foreword, 30 J. Marshall L. Rev. 907 (1997), Timothy P. O'Neill

UIC Law Review

No abstract provided.

The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson

St. Thomas Law Review

Part II of this article briefly discusses the debate over what was considered pretextual activity in the time before Whren. Part III then analyzes both the facts and resolution of the pretext issue presented in Whren itself. Part IV explores what Wiren means for the future, both in terms of how this decision, when coupled with existing Fourth Amendment precedent enlarges what the police can do; and how two other Fourth Amendment cases which have recently been handed down, may even further expand what the police can do.

Greek Letter Subculture, Adrien D. Scales

Theses, Dissertations and Capstones

In this study, surveys were administered to a sample of 90 Undergraduate students on the campus of Marshall University, for the Second Summer Term off 1997, for the purpose of exploring the environmental components that support conditions favorable to the development of subculture groups similar to gangs. For the purpose of this study, students were classified into two different groups, members of Greek letter organization and nonmembers of Greek letter organizations.

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

Representing Black Male Innocence, Joan W. Howarth

Scholarly Works

This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.

The second part uses the case to investigate …

What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap

Oklahoma Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …