Criminal Law Commons^™

Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to give …

Temkin & Krahe, Sexual Assault And The Justice Gap: A Question Of Attitude, Elisabeth Mcdonald

Pace Law Review

No abstract provided.

Avoiding Wrongful Convictions: Re-Examining The "Wrong-Person" Defense, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This Article reviews the history of the right to present a defense and closely examines the United States Supreme Court's modern analysis of that right. Part III analyzes the emergence of the right to present a defense that a third party committed the crime and concludes with a discussion of the Supreme Court's recent decision in South Carolina v. Holmes. Part IV then describes the current restrictive implementation of the wrong-person defense by the lower courts. Part V argues that the constitutional right to present a wrong-person defense is being insufficiently protected under current, arbitrary standards, and prescribes a constitutional …

Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming

Pace Law Review

No abstract provided.

Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz

Pace Law Review

No abstract provided.

Victims And The Significance Of Causing Harm, Guyora Binder

Pace Law Review

No abstract provided.

Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez

Pace Law Review

No abstract provided.

Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez

Pace Law Review

No abstract provided.

Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell L. Christopher

Pace Law Review

No abstract provided.

The Ideal Victim, Leo Zaibert

Pace Law Review

No abstract provided.

Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa

Pace Law Review

No abstract provided.

Consent To Harm, Vera Bergelson

Pace Law Review

No abstract provided.

New Rights And Remedies: The Federal Crime Victims' Rights Act Of 2004, David E. Aaronson

Pace Law Review

No abstract provided.

Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa

Pace Law Review

No abstract provided.

Victims And Self-Liability In Criminal Law: Beyond Contributive Negligence And Foreseeability (Without Blaming The Victim), Maniel Cancio Melia

Pace Law Review

No abstract provided.

Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno

Pace Law Review

No abstract provided.

Child Pornography's Forgotten Victims, Audrey Rogers

Pace Law Review

No abstract provided.

Death Becomes The State: The Death Penalty In New York State - Past, Present And Future, Deborah L. Heller

Pace Law Review

No abstract provided.

The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Why Is It A Crime To Stomp On A Goldfish? Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

In the article it is argued that, contrary to what prominent animal law scholars such as Gary Francione claim, we have decided to criminalize harm to animals primarily because we are concerned about the wellbeing of such creatures, not because doing so furthers some other human interest. I do so in four parts.

Part I provides a brief historical analysis of animal cruelty laws that will show that, although many of these statutes were originally enacted as a way to protect private property, there has been a marked trend, specially in recent times, to punish animal cruelty regardless, and sometimes …

The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This is the James D. Hopkins Memorial Lecture in honor of Judge Hopkins, who was the Dean of Pace Law School from 1982 to 1983 and earlier served with great distinction on the New York Appellate Division's Second Judicial Department. Judge Hopkins served on that court when I worked in the special prosecutor's office, and as head of the appeals bureau, I argued several cases in Judge Hopkins' court. One case stands out, the case of Salvatore Nigrone v. Murtagh. It was an extensive undercover investigation. My office used informants, wiretaps, and a sham arrest to expose corrupt attempts to …

Duress, Demanding Heroism And Proportionality: The Erdemovic Case And Beyond, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

This Article discusses the Erdemovic case in order toexamine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion. After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as a …

Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

The trial of Michael Vick illustrates how our current criminal laws increasingly treat nonhuman creatures as "victims," with all of the consequences that this entails, including the possibility to order that restitution be paid to the animals. In light of these considerations, it is fair to say that from a purely descriptive point of view, nonhuman creatures can qualify for victimhood. This does not mean, however, that this conclusion is normatively appealing. Some have argued that this approach is profoundly misguided, given that the criminal law should only aim to safeguard the rights of humans.

The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

As the contributions to this two-part special issue demonstrate, Spanish and Latin American criminal theory has attained a remarkable degree of sophistication. Regrettably, Anglo-American scholars have had limited access to this rich body of literature. With this volume, the New Criminal Law Review has taken a very important first step toward rectifying this situation.

Although the articles written for this special issue cover a vast range of subjects, they can be divided into four main categories: (i) the legitimacy of the criminal sanction, (2) the punishability of omissions, (3) the challenges that international criminal law and the fight against terrorism …

Child Pornography's Forgotten Victims, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

The goal of this paper is to demonstrate that possession of child pornography is not a victimless crime. It will illustrate the problem and explain the harm suffered by its victims. It will then trace factors that may have contributed to the perception that possession of child pornography is a victimless offense. The first factor is the dual nature of the child pornography laws that addresses both actual and future harm. When this duality is applied to possessors, their link to actual harm appears attenuated because the possessor is not involved in the acts of sexual abuse inherent in producing …

Foreword: Victims And The Criminal Justice System, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Can A Jury Believe My Eyes, And Should Courts Let Experts Tell Them Why Not? The Admissibility Of Expert Testimony On Cross-Racial Eyewitness Identification In New York After People V. Young, Jody E. Frampton

Pace Law Review

No abstract provided.

Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey

Pace Law Review

No abstract provided.

The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss

Pace Law Review

No abstract provided.