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Articles 211 - 240 of 658

Full-Text Articles in Criminal Law

Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger Fairfax Aug 2014

Teaching The Wire: Integrating Capstone Policy Content Into The Criminal Law Curriculum, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

When I first proposed teaching a seminar on The Wire at the George Washington University Law School in 2010, I encountered very disparate reactions. Those unfamiliar with the show generally wondered whether the law school curriculum was any place for a course with the name of a popular television drama in the title. Those who had heard glowing things about, but had not seen, The Wire typically professed their intention to watch the show but shared the skepticism of the former group on its suitability as the focus of a law school course. Finally, those who had viewed the series …


Teaching The Methods Of White-Collar Practice: Investigatios, Roger Fairfax Apr 2014

Teaching The Methods Of White-Collar Practice: Investigatios, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

When Ijoined the George Washington University Law School [GW] faculty after practice as a federal prosecutor and white-collar criminal defense attorney, I quickly learned that a GW law student interested in exploring white-collar crime had a great many courses from which to choose. Several of my full-time colleagues teach courses that cover various topics relevant to white-collar crime, including a computer crimes course, a course in criminal tax litigation, and courses on anti-corruption in government contracting and the Foreign Corrupt Practices Act [FCPA]. GW is also fortunate to have a dedicated and talented adjunct faculty, which includes a former senior …


Training Curriculum: Responding To Sexual Abuse Of Youth In Custody: Addressing The Needs Of Boys, Girls, And Gender Nonconforming Youth - Notification Of Curriculum Use (Facilitator’S Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Lisa Capers, Kevin Dubose, Takiya Wheeler, Dr. Robert Bidwell Feb 2014

Training Curriculum: Responding To Sexual Abuse Of Youth In Custody: Addressing The Needs Of Boys, Girls, And Gender Nonconforming Youth - Notification Of Curriculum Use (Facilitator’S Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Lisa Capers, Kevin Dubose, Takiya Wheeler, Dr. Robert Bidwell

Research Reports & White Papers

The enclosed Responding to Sexual Abuse of Youth in Custody: Addressing the Needs of Boys, Girls, and Gender Nonconforming Youth curriculum was developed by the Project on Addressing Prison Rape at American University, Washington College of Law as part of contract deliverables for the National PREA Resource Center (PRC), a cooperative agreement between the National Council on Crime and Delinquency (NCCD) and the Bureau of Justice Assistance (BJA). The Prison Rape Elimination Act (PREA) standards served as the basis for the curriculum’s content and development with the goal of the Responding to Sexual Abuse of Youth in Custody: Addressing the …


On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax Jan 2014

On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax

Criminal Law Practitioner

No abstract provided.


Improving The Ethical Guidelines For Assistant United States Attorneys Who Are Considering The Declination Of A Law Enforcement Agent's Recommendation To Prosecute, Elhrick J. Cerdan Jan 2014

Improving The Ethical Guidelines For Assistant United States Attorneys Who Are Considering The Declination Of A Law Enforcement Agent's Recommendation To Prosecute, Elhrick J. Cerdan

Criminal Law Practitioner

No abstract provided.


Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt Jan 2014

Challenging Discrimination Of Lgbt Youth In Juvenile Justice: Encouraging The Legal Strategy Of Selective Prosecution Motions, Alanna Holt

Criminal Law Practitioner

No abstract provided.


Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan Jan 2014

Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan

Criminal Law Practitioner

No abstract provided.


Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia, Melissa Shear Jan 2014

Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia, Melissa Shear

Criminal Law Practitioner

No abstract provided.


On Professionalism, Civility, & Discovery, Kathryn Todryk Jan 2014

On Professionalism, Civility, & Discovery, Kathryn Todryk

Criminal Law Practitioner

No abstract provided.


From The Editors, Raleigh Mark, Robert Nothdurft Jr. Jan 2014

From The Editors, Raleigh Mark, Robert Nothdurft Jr.

Criminal Law Practitioner

No abstract provided.


Interpreting The Court Interpreters Act: A Practical Guide To Protecting The Rights Of Non-English Speaking Criminal Defendants, Jeffrey Archer Miller Jan 2014

Interpreting The Court Interpreters Act: A Practical Guide To Protecting The Rights Of Non-English Speaking Criminal Defendants, Jeffrey Archer Miller

Criminal Law Practitioner

No abstract provided.


Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson Jan 2014

Exploring The Prejudicial Effect Of Gang Evidence: Under What Conditions Will Jurors Ignore Reasonable Doubt, Mitchell L. Eisen, Brenna M. Dotson

Criminal Law Practitioner

No abstract provided.


The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr Jan 2014

The 'Rhyme Or Reason' Behind Prosecutorial Use Of Rape Lyrics As Evidence In Criminal Trials, Robery Nothdurft Jr

Criminal Law Practitioner

No abstract provided.


Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson Jan 2014

Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira Robbins Jan 2014

Last Words: A Survey And Analysis Of Federal Judges' Views On Allocution In Sentencing, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Allocution-the penultimate stage of a criminal proceeding at which the judge affords defendants an opportunity to speak their last words before sentencing-is a centuries-old right in criminal cases, and academics have theorized about the various purposes it serves. But what do sitting federal judges think about allocution? Do they actually use it to raise or lower sentences? Do they think it serves purposes above and beyond sentencing? Are there certain factors that judges like or dislike in allocutions? These questions-and many others-are answered directly in this first-ever study of judges' views and practices regarding allocution. The authors surveyed all federal …


Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod Jan 2014

Distilling Americans: The Legacy Of Prohibition On U.S. Immigration Law, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

Since the early twentieth century, federal immigration law has targeted noncitizens believed to engage in excessive alcohol consumption by prohibiting their entry or limiting their ability to obtain citizenship and other benefits. The first specific mention of alcohol-related behavior appeared in the Immigration Act of 1917, which called for the exclusion of "persons with chronic alcoholism" seeking to enter the United States. Several decades later, the Immigration and Nationality Act of 1952 specified that any noncitizen who "is or was ... a habitual drunkard" was per se lacking in good moral character, and hence ineligible for naturalization. Although the "chronic …


The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins Jan 2014

The Price Is Wrong: Reimbursement Of Expenses For Acquitted Criminal Defendants, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

"Not guilty "-these two simple words elicit intense relieffrom any defendant at the conclusion of a criminal trial. As one harrowing ordeal ends, however, a new one inevitably takes shape: picking up the pieces of a life shattered physically, emotionally, and, for non­indigent defendants, _financially. Where do defendants who have successfully defended themselves against criminal prosecution turn for assistance in paying the debts incurred in securing their freedom? Some states, as well as the federal government, have implemented laws that allow acquitted defendants to seek public reimbursement of certain legal expenses they incurred in their defense. These reimbursement methods differ …


Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal Jan 2014

Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …


Police Officer's Safety: An Exception Within An Exception Of The Fourth Amendment, Jeffrey T. Wennar Jan 2014

Police Officer's Safety: An Exception Within An Exception Of The Fourth Amendment, Jeffrey T. Wennar

Criminal Law Practitioner

No abstract provided.


Around The Nation, Calen Weiss Jan 2014

Around The Nation, Calen Weiss

Criminal Law Practitioner

No abstract provided.


Ending Silence: Demanding Safety From Sexual Assault - I Reported, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime V. Yarussi, Michael J. Auger Jan 2014

Ending Silence: Demanding Safety From Sexual Assault - I Reported, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime V. Yarussi, Michael J. Auger

Research Reports & White Papers

Ending Silence: Demanding Safety from Sexual Assault & Youth Speaking Up about Sexual Abuse in Custody are a series of graphic novels for adult and juvenile inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. By presenting information through an illustrative medium, these novels aim to disseminate information about the sexual abuse reporting process to inmates at all literacy levels. …


Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins Jan 2014

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …


The Icc's Exit Problem, Rebecca Hamilton Jan 2014

The Icc's Exit Problem, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

The International Criminal Court (ICC) was never meant to supplant the domestic prosecution of international crimes. And yet the Court is now entering its second decade of operations in four African nations, with no plan for exit in sight. This Article identifies the looming need for the ICC to consider when and how to exit situations in which it is currently active. In addition to the normative concern that a failure to start planning for exit undercuts the Court’s placement within a system of complementarity, the need to consider exit is also driven by a financial imperative. The Court’s caseload …


Implementing The Prison Rape Elimination Act: A Toolkit For Jails, Brenda V. Smith, Dr. Gary Dennis, Susan W. Mccampbell, Michael S. Mccampbell, Elizabeth Price Layman, Caleb Asbridge, Rachel Bosley, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, American Jail Association, National Institute Of Corrections' Large Jail Network, Nationa Sheriff's Association, American Correctional Association, Larry Cook, Dr. Robert Decomo, Jim Dennis, Nancy Deferrari, John Delaney, Timothy Fay, Diahann Frazier, David Gaspar, Quandara Grant, Dee Halley, Jamey Kessinger, Calvin King, Shawn Laughlin, Andrew Nunnally, Debra Oliver-Hammons, Steven Pizzala, Lisa Plowman, Gayle Ray, Larry Reynolds, Gwyn Smith-Ingley, Chris Sweney, Wynnie Testamark-Samuels, Janie Vergakis, Gregory Winston, Berry Zeeman Nov 2013

Implementing The Prison Rape Elimination Act: A Toolkit For Jails, Brenda V. Smith, Dr. Gary Dennis, Susan W. Mccampbell, Michael S. Mccampbell, Elizabeth Price Layman, Caleb Asbridge, Rachel Bosley, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, American Jail Association, National Institute Of Corrections' Large Jail Network, Nationa Sheriff's Association, American Correctional Association, Larry Cook, Dr. Robert Decomo, Jim Dennis, Nancy Deferrari, John Delaney, Timothy Fay, Diahann Frazier, David Gaspar, Quandara Grant, Dee Halley, Jamey Kessinger, Calvin King, Shawn Laughlin, Andrew Nunnally, Debra Oliver-Hammons, Steven Pizzala, Lisa Plowman, Gayle Ray, Larry Reynolds, Gwyn Smith-Ingley, Chris Sweney, Wynnie Testamark-Samuels, Janie Vergakis, Gregory Winston, Berry Zeeman

Presentations

Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help …


Teaching 'The Wire': Fiction As Pedagogical Tool, Roger Fairfax Aug 2013

Teaching 'The Wire': Fiction As Pedagogical Tool, Roger Fairfax

Presentations

No abstract provided.


Searching For Solutions To The Indigent Defense Crisis In The Broader Criminal Justice Reform Agenda, Roger Fairfax Jun 2013

Searching For Solutions To The Indigent Defense Crisis In The Broader Criminal Justice Reform Agenda, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

As we mark the fiftieth anniversary of the Gideon v. Wainwright decision, the nearly universal assessment is that our indigent defense system remains too under-resourced and overwhelmed to fulfill the promise of the landmark decision, and needs to be reformed. At the same time, fiscal necessity and moral outrage have prompted a historic reexamination of outdated policies that have led to an overreliance on incarceration and inefficiencies in the administration of criminal justice. This Essay argues that there are synergies between the indigent defense reform agenda and the broader criminal justice reform agenda, which places a premium on cost-effective, evidence-based, …


Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar Feb 2013

Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar

Legislation and Policy Brief

In 1941, members of the Attorney General’s Committee on Administrative Procedure agreed unanimously that “an important and far-reaching defect of administrative law has been the simple lack of public information concerning its substance and procedure.” The Freedom of Information Act (FOIA) uniquely addresses this concern by providing members of the general public an opportunity to consider and respond to administrative action by viewing actual agency records. FOIA affords broad access to “any person,” and it has become a key tool for both organizations and individuals who not only wish to learn more about the inner workings of the U.S. government, …


The Road To Abolition: How Widespread Legislative Repeal Of The Death Penalty In The States Could Catalyze A Nationwide Ban On Capital Punishment, Nicholas M. Parker Feb 2013

The Road To Abolition: How Widespread Legislative Repeal Of The Death Penalty In The States Could Catalyze A Nationwide Ban On Capital Punishment, Nicholas M. Parker

Legislation and Policy Brief

On December 17, 2007, former New Jersey Governor Jon Corzine signed into law a bill that abolished his state’s death penalty, saying he felt a “moral duty to end ‘state-endorsed killing.’” With Corzine’s signature, New Jersey became the fourteenth state to eradicate the death penalty, and the first to do so legislatively since Iowa and West Virginia legislators did away with capital punishment in 1965. The vote by New Jersey lawmakers followed close, but ultimately unsuccessful, votes on similar bills in Colorado, Maryland, Montana, Nebraska, and New Mexico earlier in 2007. And while it took more than thirty-one years for …


Confronting The Dead: The Supreme Court's Confrontation Clause Jurisprudence And Its Implications For Autopsy Reports, Reid R. Allison Jan 2013

Confronting The Dead: The Supreme Court's Confrontation Clause Jurisprudence And Its Implications For Autopsy Reports, Reid R. Allison

Criminal Law Practitioner

No abstract provided.


A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen Jan 2013

A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen

Criminal Law Practitioner

No abstract provided.