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Articles 6031 - 6060 of 6990
Full-Text Articles in Criminal Law
Constitutional Identity, George P. Fletcher
Blackmail: The Paradigmatic Crime, George P. Fletcher
Blackmail: The Paradigmatic Crime, George P. Fletcher
Faculty Scholarship
The ongoing debate about the rationale for punishing blackmail assumes that there is something odd about the crime. Why, the question goes, should demanding money to conceal embarrassing information be criminalized when there is nothing wrong with the separate acts of keeping silent or requesting payment for services rendered? Why should an innocent end (silence) coupled with a generally respectable means (monetary payment) constitute a crime? This supposed paradox, however, is not peculiar to blackmail. Many good acts are corrupted by doing them for a price. There is nothing wrong with government officials showing kindness or doing favors for their …
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
Articles
On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …
Reel Time/Real Justice, Kimberlé W. Crenshaw
Reel Time/Real Justice, Kimberlé W. Crenshaw
Faculty Scholarship
Like the Anita Hill/Clarence Thomas hearings a few months before, the Rodney King beating, the acquittal of the Los Angeles police officers who "restrained" him and the subsequent civil unrest in Los Angeles flashed Race across the national consciousness and the gaze of American culture momentarily froze there. Pieces of everyday racial dynamics briefly seemed clear, then faded from view, replaced by presidential politics and natural disasters.
This Essay examines in more depth what was exposed during the momentary national focus on Rodney King. Two main events – the acquittal of the police officers who beat King and the civil …
Criminal Law And Procedure, John O. Cole
Criminal Law And Procedure, John O. Cole
Mercer Law Review
The Georgia appellate courts wrote opinions in over 500 cases during the year of the survey period, most of which were in the court of appeals. The volumes in question in this survey are positively bloated with criminal appeals. Reading through them is a depressing experience for two reasons. First, something seems amiss in a system in which so many attorneys, judges, law clerks, other officials, printers, and trees participate in an appellate process that for the most part changes nothing and has no effect on the litigants. Second, while some of the appeals are meritless to the point of …
Two Cheers For A Tale Of Three Cities, David Yellen
John D. Appel, Arthur J. Jacobson
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Cardozo Law Review
No abstract provided.
Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo
Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
Tricks Prosecutors Play, Bennett L. Gershman
Tricks Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”
Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning
Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff
The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff
Cardozo Law Review
No abstract provided.
The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay
The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay
Research Collection Yong Pung How School Of Law
One of the central philosophies underlying the Report of the Royal Commission into NSW Prisons is revealed in the widely quoted aphorism, "A person is sent to prison as punishment, not for punishment". The conditions under which prisoners are contained feature crucially in assessing both the perceptions and reality of prison as a punishment. Expectations for the experience of imprisonment vary enormously. These expectations in many particular forms have been used to justify the expansion and diversification of the penal sanction. In their most modest representation, however, it is hoped that "by treating all prisoners humanely in a manner befitting …
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Law Faculty Publications
No abstract provided.
The Fourth, Fifth And Sixth Amendments: The Supreme Court's Major Search And Seizure, Interrogation, And Criminal Jury Selection Decisions During The 1990 Term, William E. Hellerstein
The Fourth, Fifth And Sixth Amendments: The Supreme Court's Major Search And Seizure, Interrogation, And Criminal Jury Selection Decisions During The 1990 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles
UIC Law Review
No abstract provided.
Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii
Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii
UIC Law Review
No abstract provided.
A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson
A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson
UIC Law Review
No abstract provided.
Sentencing Guidelines And Mandatory Minimums: Mixing Apples And Oranges, William W. Schwarzer
Sentencing Guidelines And Mandatory Minimums: Mixing Apples And Oranges, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Police Officers Accused Of Crime: Prosecutorial And Fifth Amendment Risks Posed By Police-Elicited "Use Immunized" Statements, Kate Bloch
Faculty Scholarship
No abstract provided.
The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman
The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman
Faculty Scholarship
No abstract provided.
Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill
Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman
Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman
Faculty Scholarship
No abstract provided.
Procedural Due Process In Guidelines Sentencing, Susan Herman
Procedural Due Process In Guidelines Sentencing, Susan Herman
Faculty Scholarship
No abstract provided.
Problems In Imposing Extended-Term Sentences Under Section 5-5-3.2(B)(2) Of The Unified Code Of Corrections, 25 J. Marshall L. Rev. 491 (1992), Iain D. Johnston
Problems In Imposing Extended-Term Sentences Under Section 5-5-3.2(B)(2) Of The Unified Code Of Corrections, 25 J. Marshall L. Rev. 491 (1992), Iain D. Johnston
UIC Law Review
No abstract provided.