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Articles 1651 - 1680 of 7840
Full-Text Articles in Criminal Law
Stretching Venue Beyond Constitutional Recognition, Todd Lloyd
Stretching Venue Beyond Constitutional Recognition, Todd Lloyd
Journal of Criminal Law and Criminology
No abstract provided.
The Sixth Amendment Right To Counsel And Its Underlying Values: Defining The Scope Of Privacy Protection, Martin R. Gardner
The Sixth Amendment Right To Counsel And Its Underlying Values: Defining The Scope Of Privacy Protection, Martin R. Gardner
Journal of Criminal Law and Criminology
No abstract provided.
Docile Bodies--Chemical Restraints And The Female Inmate, Kathleen Auerhahn, Elizabeth Dermody Leonard
Docile Bodies--Chemical Restraints And The Female Inmate, Kathleen Auerhahn, Elizabeth Dermody Leonard
Journal of Criminal Law and Criminology
No abstract provided.
Small Favors: Chapter 154 Of The Antiterrorism And Effective Death Penalty Act, The States, And The Right To Counsel, Burke W. Kappler
Small Favors: Chapter 154 Of The Antiterrorism And Effective Death Penalty Act, The States, And The Right To Counsel, Burke W. Kappler
Journal of Criminal Law and Criminology
No abstract provided.
Big Brother And His Science Kit: Dna Databases For 21st Century Crime Control, Paul E. Tracy, Vincent Morgan
Big Brother And His Science Kit: Dna Databases For 21st Century Crime Control, Paul E. Tracy, Vincent Morgan
Journal of Criminal Law and Criminology
No abstract provided.
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt
Journal of Criminal Law and Criminology
No abstract provided.
The Unclearly Established Rule Against Unreasonable Searches And Seizures, Brian H. Chun
The Unclearly Established Rule Against Unreasonable Searches And Seizures, Brian H. Chun
Journal of Criminal Law and Criminology
No abstract provided.
My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler
My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler
Journal of Criminal Law and Criminology
No abstract provided.
The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat
The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat
Journal of Criminal Law and Criminology
No abstract provided.
No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast
No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast
Journal of Criminal Law and Criminology
No abstract provided.
An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim
An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim
Journal of Criminal Law and Criminology
No abstract provided.
Constitutional Road Maps, Erik Luna
Constitutional Road Maps, Erik Luna
Journal of Criminal Law and Criminology
No abstract provided.
Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung
Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung
Journal of Criminal Law and Criminology
No abstract provided.
Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Journal of Criminal Law and Criminology
No abstract provided.
Gang Loitering And Race, Lawrence Rosenthal
Gang Loitering And Race, Lawrence Rosenthal
Journal of Criminal Law and Criminology
No abstract provided.
On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons
On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons
Journal of Criminal Law and Criminology
No abstract provided.
Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton
Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton
Journal of Criminal Law and Criminology
No abstract provided.
Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller
Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller
Journal Articles
In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches.
The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …
A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West
A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West
Faculty Scholarship
There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.
Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …
Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West
Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West
Faculty Scholarship
In Capital Appeals Revisited and The Meaning of Capital Appeals, Barry Latzer and James N.G. Cauthen argue that a study of capital appeals should focus only on overturned findings of guilt, and complain that in A Broken System we examine all overturned capital verdicts. But the question they want studied cannot provide an accurate evaluation of a system of capital punishment. By proposing to count only "conviction" error and not "sentence" error, Latzer and Cauthen ignore that if a death sentence is overturned, the case is no longer capital and the system of capital punishment has failed to achieve its …
Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West
Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West
Faculty Scholarship
The legal treatment of capital punishment in the United States "rests squarely on the predicate that the penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. This predicate is among "the evolving standards of decency that mark the progress of a maturing society" and determine whether a punishment is "cruel and unusual" in violation of the Constitution. Because "'[f]rom the point of view of the defendant, [death] is different in both its severity …
From The Ibpp Research Associates. Canada. Ismael Sambra, Ismael Sambra
From The Ibpp Research Associates. Canada. Ismael Sambra, Ismael Sambra
International Bulletin of Political Psychology
This articles discusses a declaration - Joint Declaration by the Committee of Cuban Political Ex-Prisoners and Cuba Friends and Cuban Canadian National Foundation Against The Laws That Persecute and Condemn Freedom in Cuba. - provided by Mr. Ismael Sambra, president of the Cuban Canadian National Foundation and Writer in Residence at York University, Ontario, Canada.
Of note: Mr. Sambra published "A Dictator's Errors" in IBPP (Author: Ismael Sambra, Volume 4, Number 25, June 26, 1998.)
Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker
Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker
William & Mary Law Review
No abstract provided.
Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl
Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl
Scholarly Articles
Now as Rwanda begins to mourn the firth anniversary of its genocide, it should also celebrate the fifth anniversary of its survival. As time passes, Rwanda enters a stage of social and historical development which can be referred to as the "post-genocidal" stage. Some would say that Rwanda is actually in an intra-genocidal phase, given the persistence of Hutu rebel insurrection throughout the country, specifically in the Ruhengeri prefecture of the north-west. Although the merits of this classification can be debated, fatalistically characterizing Rwanda to be intra-genocidal assumes an ability to look in the future, a task no scholar is …