Criminal Law Commons^™

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

Journal of Criminal Law and Criminology

No abstract provided.

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

Journal of Criminal Law and Criminology

No abstract provided.

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

Journal of Criminal Law and Criminology

No abstract provided.

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

Journal of Criminal Law and Criminology

No abstract provided.

Symposium: Technical Change And The Evolution Of Criminal Law: Foreword

Journal of Criminal Law and Criminology

No abstract provided.

At Light Speed: Attribution And Response To Cybercrime/Terrorism/Warfare, Susan W. Brenner

Journal of Criminal Law and Criminology

No abstract provided.

Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski

Journal of Criminal Law and Criminology

No abstract provided.

Virtual Neighborhood Watch: Open Source Software And Community Policing Against Cybercrime , Benjamin R. Jones

Journal of Criminal Law and Criminology

No abstract provided.

Playing By All The Rules: How To Define And Provide A Prior Opportunity For Cross-Examination In Child Sexual Abuse Cases After Crawford V. Washington, Prudence Beidler Carr

Journal of Criminal Law and Criminology

No abstract provided.

Proven Guilty: An Examination Of The Penalty-Free World Of Post-Conviction Dna Testing , Gwendolyn Carroll

Journal of Criminal Law and Criminology

No abstract provided.

Using Groups Statistics To Sentence Individual Criminals: An Ethical And Statistical Critique Of The Virginia Risk Assessment Program , Brian Netter

Journal of Criminal Law and Criminology

No abstract provided.

Challenge Of White Collar Sentencing, The , Ellen S. Podgor

Journal of Criminal Law and Criminology

No abstract provided.

Innocents Convicted: An Empirical Justified Factual Wrongful Conviction Rate, D. Michael Risinger

Journal of Criminal Law and Criminology

No abstract provided.

Tripartite Solution To Eyewitness Error, A , Richard A. Wise, Kristen A. Dauphinais, Martin A. Safer

Journal of Criminal Law and Criminology

No abstract provided.

Attitudes Of Police Executives Toward Miranda And Interrogation Policies, The , Marvin Zalman, Brad W. Smith

Journal of Criminal Law and Criminology

No abstract provided.

Human Zoning: The Constitutionality Of Sex-Offender Residency Restrictions As Applied To Post-Conviction Offenders, Ryan Hawkins

The University of New Hampshire Law Review

[H]igh recidivism rates shows that the threat of jail time alone is not sufficient to curb sex crimes. With this in mind, legislators sought to find other ways that would protect potential victims. Community notification laws were the first policy to be implemented. Community notification methods included press releases, flyers, phone calls, door-to-door contact, neighborhood meetings, and Internet sites, which informed citizens of the name, location, and/or other information of persons who had been convicted of sex crimes.

Part II of this note will describe current sex-offender restrictions in place across the country. Part III will provide a constitutional analysis …

The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye

Faculty Scholarship

This article focuses on sequences of DNA base-pairs, which are becoming increasingly important in the field of law. These DNA sequences are used by forensic scientists to discover evidence such as blood stains, semen, saliva, and hair, and has become highly useful in the courtroom with regard to exonerating the innocent and convicting the guilty. Part I of the article examines how courts may (or may not) admit DNA evidence in court through four phases: uncritical acceptance; serious challenges to analytical methods and statistical interpretation of the results; renewed acceptance of DNA evidence; and acceptance of advance systems of DNA …

Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis

Publications and Research

No abstract provided.

End Natural Life Sentences For Juveniles, Jeffrey A. Fagan

Faculty Scholarship

In 2005, the U.S. Supreme Court in Roper v. Simmons (125 S. Ct. 1183) banned executions of persons who commit capital murder before they reach age 18. Roper overturned death sentences for 72 people in 18 states (Streib, 2005). Most (but not all) were resentenced to natural life or life in prison without the possibility of parole (or JLWOP). Juvenile justice advocates now want to extend Roper’s maturity heuristic, proportionality analysis, aversion to errors, and deference to international laws and norms to argue for a constitutional ban on natural life sentences for adolescent offenders. This move could have a far …

Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak

Human Rights & Human Welfare

© Cenap Cakmak. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Corporations And Social Costs: The Wal-Mart Case Study, Benedict Sheehy

ExpressO

This article examines the role of the corporate vehicle in the creation of social costs. The article identifies some of the political commitments and philosophies behind the differing notions of corporations. Social costs are those activities which result from business activity and cause uncompensated harm to society. The founding contribution to the law and economics discussion by Ronald Coase is given a thorough treatment. The paper next, turns to the dominant explanation of corporate structure, namely the law and economics model developed expounded by Easterbrook and Fischel. It then applies the theoretical discussion in a case study of the world’s …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert

Faculty Publications and Presentations

The author argues that current "three-strikes" legislation does not have justice as its end-goal, because it is based in utilitarian philosophy.

Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp

ExpressO

By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …