Criminal Law Commons^™

Contemplating Cruel And Unusual: A Critical Analysis Of Baze V. Rees In The Context Of The Supreme Court's Eighth Amendment Proportionality Jurisprudence, Katie Roth Heilman

American University Law Review

This Comment argues that, while the Court’s modern Eighth Amendment jurisprudence has gradually reduced the circumstances under which the death penalty may be imposed, this trend is inconsistent with the Court’s unwillingness to critically examine the specific procedures states use to execute, even in the face of growing concerns over the humaneness of such procedures. Part I gives a historic overview of the Court’s limited method-of-execution jurisprudence, followed by a review of the Court’s recent line of rulings on challenges to the death penalty’s proportionality. Part II analyzes Baze within the broader context of the Court’s Eight Amendment proportionality jurisprudence. …

International Justice Marks Its Fifteenth Anniversary: A Preliminary Assessment Of The Icty’S Impact In Serbia, Diane Orentlicher

Human Rights Brief

No abstract provided.

Birthing Out Delinquents: Alternative Treatment Options For Juvenile Delinquents, Jerome R. Price

American University Criminal Law Brief

No abstract provided.

What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua Larson

American University Criminal Law Brief

No abstract provided.

Voice For The Voiceless: The Case For Adopting The “Domestic Abuse Syndrome” For Self Defense Purposes For All Victims Of Domestic Violence Who Kill Their Abusers, Nancy Wright

American University Criminal Law Brief

No abstract provided.

Professional Discretion And The Use Of Restorative Justice Programs In Appropriatedomestic Violence Cases: An Effective Innovation, Jean Ferguson

American University Criminal Law Brief

No abstract provided.

An Ambiguous Request For Counsel Before And Not After A Miranda Waiver: United States V. Rodriguez, United States V. Fry And State V. Blackburn, Harvey Gee

American University Criminal Law Brief

No abstract provided.

Juveniles Locked Up For Life For Non-Homicides: Cruel & Unusual Or An Appropriate Punishment?, Julie Swaney

American University Criminal Law Brief

No abstract provided.

For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein

American University International Law Review

No abstract provided.

For Love Of Country And International Criminal Law, Further Reflections, David Scheffer

American University International Law Review

No abstract provided.

Unjustified Detention: The Excessive Bail Clause In Removal Proceedings, Kayla Gassman

American University Criminal Law Brief

No abstract provided.

The Death Penalty: How America’S Highest Court Is Narrowing Its Application, Adam S. Goldstone

American University Criminal Law Brief

No abstract provided.

From State Of California V. Scott Peterson To State Of Utah V. Mark Hacking Willmore States Adopt Fetal Protection Laws?, April Walker

American University Criminal Law Brief

No abstract provided.

Child Rapists Live To See Another Day, Shirley Huang

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Helen Dalphonse

American University Criminal Law Brief

No abstract provided.

The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield

American University Criminal Law Brief

No abstract provided.

Student Editorial: Fight Fire With Fire: The Icc Should Be More Aggressive In Pursuing Crimes Of Sexual Violence, Meredith Owen

American University Criminal Law Brief

No abstract provided.

The "New" Withdrawal Of Consent Standard In Maryland Rape Law: A Year After Baby V. State , Mary Huff

The Modern American

No abstract provided.

Book Review, Kavita Kapur

Human Rights Brief

No abstract provided.

Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer

Human Rights Brief

No abstract provided.

Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett

Human Rights Brief

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman

Human Rights Brief

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary

Human Rights Brief

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Cyrena Khoury, Shubra Ohri, Sharon Mills, Amanda Chace, Aileen Thomson, Rebecca Williams, Sarah Steinfeld, Katherine Anne Cleary

Human Rights Brief

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, K.C. Johnson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Ignorance Is Effectively Bliss: Collateral Consequences, Silence, And Misinformation In The Guilty-Plea Process, Jenny Roberts

Scholarly Articles in Law Reviews & Journals

In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence-every jurisdiction, that is,except Kentucky. The Supreme Court of …

A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

From just after the turn of the twentieth century through World War II, there was a great deal of activity around criminal justice reform. Much like today, many commentators in the early twentieth century considered the American criminal justice system to be broken. With regard to all of its phases-substance, sentencing, and procedure-the criminal justice system was thought to be inefficient and ineffective, and it failed to inspire the confidence of the bench, bar, or public.

Against this backdrop, a group of reformers sought to address the shortcomings of early twentieth-century criminal justice-during what I consider the "Golden Age" of …

When Human Experimentation Is Criminal, Song Richardson

Scholarly Articles in Law Reviews & Journals

Medical researchers engaged in human experimentation commit criminal acts seemingly without consequence. Whereas other actors who violate bodily integrity and autonomy are routinely penalized with convictions for assault, fraud, and homicide, researchers escape criminal punishment. This Article begins to scrutinize this undercriminalization phenomenon and provides a framework for understanding why researchers are not prosecuted for their crimes. It argues that their exalted social status, combined with the perceived social benefit of their research, immunizes them from use of the criminal sanction. Whether these constitute sufficient grounds to give researchers a pass from punishment is a significant question because the state's …

Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso

American University Law Review

This Comment argues that, based on the Prison Litigation Reform Act (PLRA)’s purpose and legislative history, prisoners who fulfilled the statute’s payment obligations while incarcerated should be entitled to apply for traditional in forma pauperis (IFP) status under § 1915(a)(1) upon release. Part I traces the historical development of prisoners’ right of access to the courts and its ties to the IFP doctrine. It then examines the PLRA’s many amendments to the federal IFP statute. Part II explains the divergent readings that circuit courts currently apply to § 1915(b). After analyzing the statute’s plain language and legislative history, Part III …