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Articles 241 - 270 of 493
Full-Text Articles in Criminal Law
Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe
Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe
Indiana Law Journal
No abstract provided.
The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury
The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury
Indiana Law Journal
No abstract provided.
Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer
Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer
Indiana Law Journal
No abstract provided.
Policing Money Laundering Through Fund Transfers: A Critique Of Regulation Under The Bank Secrecy Act, Sarah Jane Hughes
Policing Money Laundering Through Fund Transfers: A Critique Of Regulation Under The Bank Secrecy Act, Sarah Jane Hughes
Indiana Law Journal
Symposium: The Financial Services Industry: A New World (Dis)Order?
The Sixth Amendment Lives! A Reply To Professor Jonakait, Craig M. Bradley
The Sixth Amendment Lives! A Reply To Professor Jonakait, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin D. Brown
The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Rape And Responsibility, Lynne Henderson
Rape And Responsibility, Lynne Henderson
Articles by Maurer Faculty
I am a "lucky" survivor of a rape committed by a stranger - "lucky", because people believed me, a jury convicted the man of raping me, and he is still in prison ten years later. I know many women who have been raped who were not so fortunate, because they believed the rape was their fault, because no one else believed them, because they knew their rapist, or because they were married to him and it wasn't a crime. We share some things - the anger, the pain, the anguish, the fear - and not others; nevertheless, this is what …
An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt
An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
For many outside the legal profession, the end of a legal case is the reading of the verdict. However, that is only the beginning for those being judged. One of the most significant and delicate tasks within the sphere of the legal system is that of sentencing those convicted. Because of the extreme personal impact that a judge's sentencing has on each individual, the most effective approach to creating guidelines for sentencing has been a hot topic of debate. Upon the birth of the Sentencing Reform Act of 1984, the system changed from one of standards to one of often …
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Indiana Law Journal
No abstract provided.
Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson
Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson
Articles by Maurer Faculty
Part of this article reports original research conducted under the direction of the second and third authors. The initial re search was supported by a contract to Indiana University from General Motors Research Laboratories. The specific analyses of voice recordings of Captain Joseph Hazelwood were conducted by them at the re quest of the National Transportation Safety Board, and are based on tapes and data supplied by the NTSB. The second author may be called as a witness in some of the lawsuits pending against the Exxon Corporation. The opinions expressed in this article concerning whether this evidence meets the …
Foreword: Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel
Foreword: Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel
Articles by Maurer Faculty
No abstract provided.
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article I provide an economic analysis of criminal law as a preference-shaping policy. I argue that in addition to creating disincentives for criminal activity, criminal punishment is intended to promote various social norms of individual behavior by shaping the preferences of criminals and the population at large. By taking into account this preference-shaping function, I explain many of the characteristics of criminal law that have heretofore escaped the logic of the economic model. It is also the preference-shaping function and the prerequisite ordering of preferences that distinguish criminal law from tort law. My analysis suggests that society will …
A Political-Choice Approach To Limiting Prejudicial Evidence, J. Alexander Tanford
A Political-Choice Approach To Limiting Prejudicial Evidence, J. Alexander Tanford
Indiana Law Journal
No abstract provided.
Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley
Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Police Discretion: A Comparative Perspective, Gregory H. Williams
Police Discretion: A Comparative Perspective, Gregory H. Williams
Indiana Law Journal
No abstract provided.
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher
Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan
Criminal Justice Decision Making As A Stratification Process: The Role Of Race And Stratification Resources In Pretrial Release, Ilene H. Nagel, Celesta A. Albonetti, Robert M. Hauser, John Hagan
Articles by Maurer Faculty
Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a …
Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer
Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer
Articles by Maurer Faculty
No abstract provided.
On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann
On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Foreword: Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley
Foreword: Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher
Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
"All Cretans Are Liars": The Fight Against Corporate Crime, John Flood
"All Cretans Are Liars": The Fight Against Corporate Crime, John Flood
Articles by Maurer Faculty
No abstract provided.
Review Essay. What Makes Rape A Crime?, Lynne N. Henderson
Review Essay. What Makes Rape A Crime?, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Does Plight Make Right: The Battered Woman Syndrome, Expert Testimony And The Law Of Self-Defense, Mira Mihajlovich
Does Plight Make Right: The Battered Woman Syndrome, Expert Testimony And The Law Of Self-Defense, Mira Mihajlovich
Indiana Law Journal
No abstract provided.
Miranda Right-To-Counsel Violations And The Fruit Of The Poisonous Tree Doctrine, Mark S. Bransdorfer
Miranda Right-To-Counsel Violations And The Fruit Of The Poisonous Tree Doctrine, Mark S. Bransdorfer
Indiana Law Journal
No abstract provided.
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Preliminary Screening Of Prosecutorial Access To Death Qualified Juries: A Missing Constitutional Link, F. Thomas Schornhorst
Preliminary Screening Of Prosecutorial Access To Death Qualified Juries: A Missing Constitutional Link, F. Thomas Schornhorst
Indiana Law Journal
No abstract provided.
The Applicability Of Civil Rico To Toxic Waste Polluters, David R. Mcavoy
The Applicability Of Civil Rico To Toxic Waste Polluters, David R. Mcavoy
Indiana Law Journal
No abstract provided.
Biblical Atonement And Modern Criminal Law, Jerome Hall
Biblical Atonement And Modern Criminal Law, Jerome Hall
Articles by Maurer Faculty
In Western civilization, a rationally ordered universe and human rationality are the central tenets of theology and moral philosophy. Conceptions, values, and principles implied by these premises have become entrenched in social and legal institutions. Concluding that religious teachings, even those of antiquity, are consistent with modern legal principles is reasonable, and almost common sense. An inquiry into whether this relationship is to any extent causal is fascinating. Professor Jerome Hall, the first President of AMINTAPHIL, discusses the relationship between the Christian doctrine of atonement and principles of modern criminal law.