Criminal Law Commons^™

Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Diana Tafur

American University Criminal Law Brief

No abstract provided.

Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven

American University Criminal Law Brief

No abstract provided.

Thomas Jefferson’S Carriage: Arizona V. Gant’S Assault On The Belton Doctrine, Andrew Fois, Lauren Simmons

American University Criminal Law Brief

No abstract provided.

The Crocodile In The Bathtub: An Examination Of California’S System For Judicial Selection, Shaun Hoting

American University Criminal Law Brief

No abstract provided.

Letter From The Editor, John Nohlgren

American University Criminal Law Brief

No abstract provided.

The Consociative Value Of Work: What Homelessness-To-Work Programs Can Teach Us About Reforming And Expanding Prison Labor, Christopher Angevine

American University Criminal Law Brief

No abstract provided.

A Road To Hope: The Path To Defining Child Torture To Protect The Children, Mary Ahan

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch: Recent Decisions And Upcoming Criminal Cases For The 2008-2009 Docket, Adnan Sultan, Alex Saiz

American University Criminal Law Brief

No abstract provided.

Judges Judging Judicial Candidates: Should Currently Serving Judges Participate In Commissions To Screen And Recommend Article Iii Candidates Below The Supreme Court Level?, Mary Clark

Scholarly Articles in Law Reviews & Journals

In the lead-up to the 2008 presidential election, the American Bar Association (ABA), among others, called upon the next president to reform the federal judicial selection process by using bipartisan commissions to screen and recommend Article III candidates for presidential nomination and Senate confirmation below the Supreme Court level. This proposal may well find support in the Obama administration, given the new president’s emphasis on bipartisan consensus-building and transparency of government operations. This Article addresses one question that the ABA and others have not: Should currently serving judges participate in bi-partisan commissions to screen and recommend Article III candidates below …

Girls Gone Wild And Rape Law: Revising The Contractual Concept Of Consent & (And) Ensuring An Unbiased Application Of Reasonable Doubt When The Victim Is Non-Traditional , Michele Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Denedo V. United States, Stephen I. Vladeck

Amicus Briefs & Court Filings

The significant issues raised by this case include (1) the ability of courts with criminal jurisdiction to provide remedies for constitutional errors at trial; (2) the role played by Article III courts in providing collateral relief for convictions obtained in state courts, and in Article III and non-Article III federal courts; (3) the specific interaction between Article I military courts and Article III courts; and (4) the applicability of the canon of statutory interpretation disfavoring repeals of jurisdiction by implication.

Amici curiae, professors teaching the law of federal jurisdiction, criminal procedure, and post-conviction remedies, join together to provide the Court …

Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King

American University Law Review

This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.

The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …

Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax

Presentations

No abstract provided.

Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder

American University Law Review

No abstract provided.

Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee

American University Law Review

No abstract provided.

Reforming Fourth Amendment Privacy Doctrine, Jim Harper

American University Law Review

No abstract provided.

Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.

Arbitrary And F^@#$*! Capricious: An Analysis Of The Second Circuit's Rejection Of The Fcc's Fleeting Expletive Regulation In Fox Television Stations, Inc. V. Fcc (2007), Justin Winquist

American University Law Review

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Rita Espinoza, Sarah Venti, Katherine Anne Cleary

Human Rights Brief

No abstract provided.

Victim Participation In Proceedings Before The International Criminal Court, Fiona Mckay

Human Rights Brief

No abstract provided.

Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir

American University Law Review

No abstract provided.

Editorial:The Orleans Public Defenders’ Office:Revamping The New Orleans Criminal Justice System After Katrina, Anne Keith Walton

American University Criminal Law Brief

No abstract provided.

Removing The Stigma Of Prison Rape And Sexual Assault:The First Step To Providing Hiv Treatment To Prisoners, James Radford

American University Criminal Law Brief

No abstract provided.

Size Doesn’T Matter: The Impact Of Small Gangs In Montgomery County, Maryland, Jeffrey T. Wennar

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch: Recent Decisions And Upcoming Criminal Cases For The 2008-2009 Docket, Emily Pasternak

American University Criminal Law Brief

No abstract provided.

Tactical Ineffective Assistance In Capital Trials, Kyle Graham

American University Law Review

Are defense attorneys sandbagging in their death-penalty cases? In Poindexter v. Mitchell, a habeas corpus case decided in 2006, Chief Judge Danny Boggs of the United States Court of Appeals for the Sixth Circuit wrote that by conducting a deliberately defective investigation into mitigation evidence that might otherwise have been presented at the penalty phase of a capital trial, a defense attorney can virtually guarantee that any death sentence the jury returns will be vacated in later proceedings. The likelihood of such an outcome, Boggs wrote, will more than make up for the somewhat greater chance that a jury that …

Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak

The Modern American

No abstract provided.

‘Emaciated’ Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson

Human Rights Brief

No abstract provided.