Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 811 - 840 of 7212

Full-Text Articles in Criminal Law

Criminal Prosecution In Sheep's Clothing: The Punitive Effects Of Ofac Freezing Sanctions, Vanessa Ortblad Jan 2008

Criminal Prosecution In Sheep's Clothing: The Punitive Effects Of Ofac Freezing Sanctions, Vanessa Ortblad

Journal of Criminal Law and Criminology

No abstract provided.


Pedophiles In Wonderland: Censoring The Sinful In Cyberspace, Gabrielle Russell Jan 2008

Pedophiles In Wonderland: Censoring The Sinful In Cyberspace, Gabrielle Russell

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2008

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Mens Rea For Sexual Abuse: The Case For Defining The Acceptable Risk, Eric A. Johnson Jan 2008

Mens Rea For Sexual Abuse: The Case For Defining The Acceptable Risk, Eric A. Johnson

Journal of Criminal Law and Criminology

No abstract provided.


When Human Experimentation Is Criminal , L. Song Richardson Jan 2008

When Human Experimentation Is Criminal , L. Song Richardson

Journal of Criminal Law and Criminology

No abstract provided.


The Consequences Of Law Enforcement Officials' Failure To Record Custodial Interviews As Required By Law, Thomas P. Sullivan, Andrew W. Vail Jan 2008

The Consequences Of Law Enforcement Officials' Failure To Record Custodial Interviews As Required By Law, Thomas P. Sullivan, Andrew W. Vail

Journal of Criminal Law and Criminology

No abstract provided.


Juveniles' Competency To Stand Trial: Wading Through The Rhetoric And The Evidence, Joseph B. Jr. Sanborn Jan 2008

Juveniles' Competency To Stand Trial: Wading Through The Rhetoric And The Evidence, Joseph B. Jr. Sanborn

Journal of Criminal Law and Criminology

No abstract provided.


Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny Jan 2008

Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny

Journal of Criminal Law and Criminology

No abstract provided.


After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse Jan 2008

After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …


Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa Jan 2008

Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa

Journal Articles

No abstract provided.


Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat Jan 2008

Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat

Scholarship@WashULaw

Today it is widely recognized in both academic literature and the main-stream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality. By drawing on Carl Schmitt and …


Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter May 2007

Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter

Brigham Young University Journal of Public Law

No abstract provided.


The Penetration Of The Criminal Justice System Into Communities Of Color: A Leadership Challenge For The Legal Profession. Address At The Convocation On The Face Of The Profession Iii: Leadership Of The Bar; Sponsored By The New York State Judicial Institute On Professionalism In The Law On April 27, 2007 In Albany, Ny., Jeremy Travis Apr 2007

The Penetration Of The Criminal Justice System Into Communities Of Color: A Leadership Challenge For The Legal Profession. Address At The Convocation On The Face Of The Profession Iii: Leadership Of The Bar; Sponsored By The New York State Judicial Institute On Professionalism In The Law On April 27, 2007 In Albany, Ny., Jeremy Travis

Publications and Research

No abstract provided.


Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky Jan 2007

Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky

Journal of Criminal Law and Criminology

No abstract provided.


Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani Jan 2007

Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani

Journal of Criminal Law and Criminology

No abstract provided.


Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery Jan 2007

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

Faculty Scholarship

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …


Bytes, Balco, And Barry Bonds: An Exploration Of The Law Concerning The Search And Seizure Of Computer Files And An Analysis Of The Ninth Circuit's Decision In United States V. Comprehensive Drug Testing, Inc., Derek Regensburger Jan 2007

Bytes, Balco, And Barry Bonds: An Exploration Of The Law Concerning The Search And Seizure Of Computer Files And An Analysis Of The Ninth Circuit's Decision In United States V. Comprehensive Drug Testing, Inc., Derek Regensburger

Journal of Criminal Law and Criminology

No abstract provided.


Gonzales V. Oregon And The Future Of Agency-Made Criminal Law, Trevor Stiles Jan 2007

Gonzales V. Oregon And The Future Of Agency-Made Criminal Law, Trevor Stiles

Journal of Criminal Law and Criminology

No abstract provided.


Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero Jan 2007

Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero

Journal of Criminal Law and Criminology

No abstract provided.


Why 2007 Is Not Like 1984: A Broader Perspective On Technology's Effect On Privacy And Fourth Amendment Jurisprudence, Ric Simmons Jan 2007

Why 2007 Is Not Like 1984: A Broader Perspective On Technology's Effect On Privacy And Fourth Amendment Jurisprudence, Ric Simmons

Journal of Criminal Law and Criminology

No abstract provided.


The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof, Talia Fisher Jan 2007

The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof, Talia Fisher

Journal of Criminal Law and Criminology

No abstract provided.


Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley Jan 2007

Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley

Journal of Criminal Law and Criminology

No abstract provided.


The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman Jan 2007

The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman

Journal of Criminal Law and Criminology

No abstract provided.


Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey Jan 2007

Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2007

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell Jan 2007

Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell

Journal of Criminal Law and Criminology

No abstract provided.


Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro Jan 2007

Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Procedure In Perspective, Kit Kinports Jan 2007

Criminal Procedure In Perspective, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.


Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin Jan 2007

Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin

Journal of Criminal Law and Criminology

No abstract provided.


The Fight For Post-Conviction Dna Testing Is Not Yet Over: An Analysis Of The Eight Remaining Holdout States And Suggestions For Strategies To Bring Vital Relief To The Wrongfully Convicted, Rachel Steinback Jan 2007

The Fight For Post-Conviction Dna Testing Is Not Yet Over: An Analysis Of The Eight Remaining Holdout States And Suggestions For Strategies To Bring Vital Relief To The Wrongfully Convicted, Rachel Steinback

Journal of Criminal Law and Criminology

No abstract provided.