Criminal Law Commons^™

Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen

Florida State University Law Review

No abstract provided.

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Michigan Law Review

Part I of this article discusses violence in the ordinary lives of women, describing individual and societal denial that pretends domestic violence is rare when statistics show it is common, and describing the ways in which motherhood shapes women's experience of violence and choices in response to violence. Part II examines definitions of battering and evaluates their effectiveness at disguising or revealing the struggle for control at the heart of the battering process. I then describe in Part III the pressures that self-defense and custody cases place on legal and cultural images of battered women and contrast the development of …

Shame, Culture, And American Criminal Law, Toni M. Massaro

Michigan Law Review

The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.

These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions …

Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay

Research Collection Yong Pung How School Of Law

In 1818, the Governor of the Chinese province of Shansi reported the case of Chan Lin who, while gatekeeper for the district magistrate, maintained "external criminal connections". Using his position he endeavoured to get a money changer to accept for exchange more than 300 ounces of sub-standard silver. Upon being rebuffed he took steps to have the money changer locked up. The Board of Punishments (which was a senior court of appeal in China during that period) held that because the act differed in no way from extortion as practised by rapacious government underlings, it would be improper to show …

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Crimes Of Obedience: Toward Social Psychology Of Authority And Responsibility, Michael Kenneth Isenman

Michigan Law Review

A Review of Crimes of Obedience: Toward Social Psychology of Authority and Responsibility by Herbert C. Kelman and V. Lee Hamilton

The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers

Michigan Law Review

A Review of Accusations of Child Sexual Abuse by Hollida Wakefield and Ralph Underwager., The Battle and the Backlash: The Child Sexual Abuse War by David Hechler., On Trial: America's Courts and Their Treatment of Sexually Abused Children by Billie Wright Dziech and Chales B. Schudson.

The Fixed-Price Preemptive Right In The Community Land Trust Lease: A Valid Response To The Housing Crisis Or An Invalid Restraint On Alienation?, Christopher A. Seeger

Cardozo Law Review

No abstract provided.

Hardly The Trial Of The Century, Franklin E. Zimring

Michigan Law Review

A Review of A Crime of Self-Defense: Bernhard Goetz and the Law on Trial by George P. Fletcher

Contradiction And Critical Legal Studies, David G. Carlson

Cardozo Law Review

No abstract provided.

Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.

Habeas Corpus Committee

No abstract provided.

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Faculty Publications

No abstract provided.

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

Articles

No abstract provided.

A Barrel Without Hoops: The Impact Of Counterterrorism On Israel's Legal Culture, Pnina Lahav

Cardozo Law Review

No abstract provided.

The Public Defender, Robert R. Kimball

Michigan Law Review

A Review of The Public Defender by Lisa J. McIntyre

Reexamining The Law Of Rape, Janet E. Findlater

Michigan Law Review

A Review Real Rape by Susan Estrich

Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak

Michigan Law Review

A Review of Crimewarps: The Future of Crime in America by Georgette Bennett

A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green

Book Chapters

My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins

Michigan Law Review

The first section of this paper surveys some recent writings on the topic of dangerousness for major inconsistencies, which we regard as illuminating the special problem of dangerousness in the jurisprudence of criminal sentencing.

The second section describes the "special problem of dangerousness," for, we believe, the first time. The special problem is the fear that any admission of calculations of dangerousness into sentencing decisions will lead to an overuse of dangerousness, which may be worse than the inefficiencies and hypocrisies we confront when denying that future dangerousness is relevant to decisions about prisons.

The third section attempts to reorganize …

An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans

Cornell Law Faculty Publications

Results from a public opinion survey of knowledge, attitudes, and support for the insanity defense indicate that people dislike the insanity defense for both retributive and utilitarian reasons: they want insane law-breakers punished, and they believe that insanity defense procedures fail to protect the public. However, people vastly overestimate the use and success of the insanity plea. Several attitudinal and demographic variables that other researchers have found to be associated with people's support for the death penalty and perceptions of criminal sentencing are also related to support for the insanity defense. Implications for public policy are discussed.

A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill

Michigan Law Review

A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell

In The Jungle Of Cities, Anthony Chase

Michigan Law Review

A Review of American Violence and Public Policy: An Update of the National Commission on the Causes and Prevention of Violence by Lynn A. Curtis and The Miami Riot of 1980: Crossing the Bounds by Bruce Porter and Marvin Dunn

Organised Crime As Terrorism, Mark Findlay

Research Collection Yong Pung How School Of Law

In a somewhat belated incursion into the international debate about the threat of organised crime, Federal and State governments in Australia have chosen to represent the 'menace' as an attack on the institution of the state as much as a physical and financial danger to society. This is consistent with the approaches of governments in the United States and Italy in constructing the reality of the Mafia.

Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear

Michigan Law Review

A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman

Conceptualizing National Identification: Informational Privacy Rights Protected, 19 J. Marshall L. Rev. 1007 (1986), Eric Grossman

UIC Law Review

No abstract provided.

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.

Instructions On Death: Guiding The Jury’S Sentencing Discretion In Capital Cases, Stephen Ellmann

Other Publications

No abstract provided.

Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck

University of Michigan Journal of Law Reform

Part I of this Note explains the history of the law's response to Bad Samaritanism. Part II discusses the benefits of enacting a duty to notify. Part III responds to various objections that might be raised against the duty to notify. And Part IV offers a model statute for legislatures to follow in enacting the duty to notify.

The Heroin Solution, Michigan Law Review

Michigan Law Review

A Review of The Heroin Solution by Arnold S. Trebach