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Articles 1021 - 1050 of 1135

Full-Text Articles in Criminal Law

International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley Jan 1991

International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on recent developments in International Criminal Law.


Dna Data Banking: The Dangerous Erosion Of Privacy, E. Donald Shapiro, Michelle L. Weinberg Jan 1990

Dna Data Banking: The Dangerous Erosion Of Privacy, E. Donald Shapiro, Michelle L. Weinberg

Cleveland State Law Review

This article begins by describing the increasing prominence of DNA evidence in legal matters, before explaining how investigatory agencies wish to use DNA in their criminal investigations: primarily DNA banks and DNA testing large portions of the population in the wake of a crime. The article goes on to discuss privacy concerns about DNA profiling and DNA databanks. It discusses the differences between traditional fingerprint banks, and the greater privacy threats posed by the DNA banks. It moves on to point out the various public and private sector abuses possible with wide-spread DNA profiling. Finally, the authors suggest that legislation …


Congress And Genocide: They're Not Going To Get Away With It, Jordan J. Paust Jan 1989

Congress And Genocide: They're Not Going To Get Away With It, Jordan J. Paust

Michigan Journal of International Law

Today at least, it is generally recognized that genocide is a crimen contra omnes, a crime under customary international law over which there is universal enforcement jurisdiction and responsibility. Indeed, it is commonly expected that the prohibition of genocide is a peremptory norm of customary international law, a jus cogens allowing no form of derogation under domestic or treaty-based law. It is also commonly understood that the definition of genocide contained in the Convention on the Prevention and Punishment of the Crime of Genocide defines that which is prohibited by customary jus cogens.


Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler Oct 1988

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …


The National Id Card: Privacy Threat Or Protection, 21 J. Marshall L. Rev. 831 (1988), Elizabeth Friedheim Jan 1988

The National Id Card: Privacy Threat Or Protection, 21 J. Marshall L. Rev. 831 (1988), Elizabeth Friedheim

UIC Law Review

No abstract provided.


The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell Jan 1988

The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell

UIC Law Review

No abstract provided.


Insider Trading Liability Of Tippees And Quasi-Insiders: Crime Shouldn't Pay, 22 J. Marshall L. Rev. 295 (1988), Robert J. Kuker Jan 1988

Insider Trading Liability Of Tippees And Quasi-Insiders: Crime Shouldn't Pay, 22 J. Marshall L. Rev. 295 (1988), Robert J. Kuker

UIC Law Review

No abstract provided.


The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann Jan 1988

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello Jan 1988

Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello

University of Michigan Journal of Law Reform

This Note takes a critical look at civil suits arising from allegations of rape, particularly from the perspective of how these actions run counter to the spirit of rape reform and rape shield legislation. The analysis begins with a brief history of the Rape Shield Law and its intended purposes. Part II then utilizes two cases to outline the current dilemma posed by civil suits that are filed during a pending criminal sexual conduct prosecution. After presenting these cases, Part III considers whether a legislative remedy is required and determines that it is. Part IV then proposes a Model Statute. …


Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa Apr 1987

Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum Apr 1987

As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum

Cardozo Law Review

No abstract provided.


It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni Jan 1987

It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni

Faculty Works

No abstract provided.


Civil Rico Under Fire: Will White Collar Criminals Be Exempted?, Mark P. Cohen Jun 1986

Civil Rico Under Fire: Will White Collar Criminals Be Exempted?, Mark P. Cohen

Antioch Law Journal

On October 3, 1985, representatives of a coalition of over twenty public interest and consumer groups' marched in front of the Washington, D.C. law offices of Wilmer, Cutler & Pickering 2 holding aloft a banner reading "Corporate Criminals Must Pay" and chanting "Put your clients away, let RICO stay." Wilmer, Cutler & Pickering was singled out as the spearhead of the business lobby seeking, in the coalition's view, to vitiate the effective civil provisions of the "Racketeer Influenced and Corrupt Organizations Act" ("RICO"),3 in particular, its treble damage remedy. The goal of RICO, set out in the "Statement of Findings …


The Criminal Forfeiture Provisions Of The Rico And Cce Statutes: Their Application To Attorneys' Fees, Gregory Merz Jun 1986

The Criminal Forfeiture Provisions Of The Rico And Cce Statutes: Their Application To Attorneys' Fees, Gregory Merz

University of Michigan Journal of Law Reform

This Note argues that the criminal forfeiture provisions of RICO and CCE should not apply to attorneys' fees legitimately paid for services rendered. Part I examines the distinction between criminal and civil forfeiture, focusing particularly on forfeiture of property transferred to third parties. Part II discusses ways in which forfeiture of attorneys' fees adversely impacts the attorney-client relationship. Part III suggests a construction of the criminal forfeiture provisions that avoids the problems presented by attorneys' fees forfeiture but maintains criminal forfeiture as a deterrent to crime.


An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill Jan 1986

An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill

UIC Law Review

No abstract provided.


The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley Jan 1986

The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley

Scholarly Works

The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …


The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum Oct 1985

The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum

Florida State University Law Review

No abstract provided.


The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow Apr 1985

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.


The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review Dec 1984

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …


Confessions, Susan E. Morton Jan 1984

Confessions, Susan E. Morton

West Virginia Law Review

No abstract provided.


Criminal Law, John M. Lynn Jan 1984

Criminal Law, John M. Lynn

West Virginia Law Review

No abstract provided.


Racketerring And The Federalization Of Crime, Craig M. Bradley Jan 1984

Racketerring And The Federalization Of Crime, Craig M. Bradley

Articles by Maurer Faculty

The federal anti-racketeering effort has grown steadily since its inception in response to the lottery schemes of the late nineteenth century. Yet, as this article demonstrates, it has done so in the absence of a clear understanding of just what the problem is, and how the ever-expanding body of legislation is going to deal with it. While not wholly critical of the efforts of the Department of Justice and the Congress to "stamp out" racketeering, Professor Bradley raises substantial questions about the government's assessments of the scope of the problem and the effectiveness of the methods employed in fighting it.


Confessions, Steven P. Mcgowan Apr 1983

Confessions, Steven P. Mcgowan

West Virginia Law Review

No abstract provided.


Elements Of Statutory Offenses, Steven P. Mcgowan Apr 1983

Elements Of Statutory Offenses, Steven P. Mcgowan

West Virginia Law Review

No abstract provided.


The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg Jan 1983

The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg

Michigan Journal of International Law

This note examines the contours of U.S. jurisdiction over drug smugglers on the high seas. After a brief discussion of the two principal U.S. drug statutes, the note considers the territorial and protective principles of jurisdiction as defined by U.S. courts. Controversy currently centers around whether U.S. drug laws apply to foreign ships, carrying controlled substances on the high seas, where there has been no showing of an intent to import the drugs into the United States.


Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel Jan 1983

Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel

Articles by Maurer Faculty

No abstract provided.


Criminal Law And The European Communities: Defining The Issues, Christine Van Den Wyngaert Jan 1983

Criminal Law And The European Communities: Defining The Issues, Christine Van Den Wyngaert

Michigan Journal of International Law

While the development of a common criminal justice policy lies more within the general objectives of the Council of Europe, of which all states composing the European Communities are members, there are nevertheless a number of problems which are specific to the Communities and which may call for a special response on their part. This article makes a short tour d'horizon of the different issues at stake and briefly describes the efforts which have been or are being undertaken to resolve them.


A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler Jan 1983

A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler

Articles & Chapters

Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.


Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall Oct 1982

Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall

University of Michigan Journal of Law Reform

Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …


Survey Of Developments In The Fourth Circuit: 1981 Apr 1982

Survey Of Developments In The Fourth Circuit: 1981

West Virginia Law Review

No abstract provided.