Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (71)
- Law Enforcement and Corrections (45)
- Constitutional Law (40)
- Legal Ethics and Professional Responsibility (37)
- International Law (34)
-
- Juvenile Law (19)
- Comparative and Foreign Law (16)
- Courts (15)
- Human Rights Law (15)
- Law and Society (14)
- Evidence (13)
- Civil Rights and Discrimination (12)
- International Humanitarian Law (11)
- Health Law and Policy (10)
- Judges (8)
- Law and Gender (8)
- Law and Politics (8)
- State and Local Government Law (8)
- Internet Law (6)
- Science and Technology Law (6)
- Computer Law (5)
- Environmental Law (5)
- First Amendment (5)
- Military, War, and Peace (5)
- Communications Law (4)
- Jurisprudence (4)
- Law and Psychology (4)
- National Security Law (4)
- Keyword
-
- Criminal Law and Procedure (58)
- Prosecutors (29)
- Prison reform (19)
- Criminal law (17)
- Victims (13)
-
- Constitutional Law (12)
- New York (11)
- Prisons (11)
- Professional Ethics (10)
- Evidence (9)
- Criminal justice (8)
- International Law (7)
- Juveniles (7)
- Trials (7)
- Corruption (6)
- Crime (6)
- Ethics (6)
- Health Law and Policy (6)
- Punishment (6)
- Children (5)
- Death penalty (5)
- McDonnell v. United States (5)
- Official misconduct (5)
- Public Corruption Prosecution After McDonnell (5)
- Public officials (5)
- Wrongful convictions (5)
- Civil Rights (4)
- Corrections (4)
- International criminal law (4)
- Internet (4)
- Publication Year
- Publication
- Publication Type
Articles 181 - 210 of 264
Full-Text Articles in Criminal Law
Taking Victims Seriously: A Dworkinian Theory Of Punishment, Luis E. Chiesa
Taking Victims Seriously: A Dworkinian Theory Of Punishment, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa
Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
In this article it is argued that in two controversial homicide cases--severing conjoined twins and downing a hijacked commercial plane headed toward a heavily populated area--it is permissible to kill innocent human beings without having to establish the existence of a claim of justifcation such as self-defense or choice of evils. Even though criminal law scholars consider that unjustified conduct is always wrong, the position defended in the article is that there is a normative gap between an absence of justification and a finding of wrongdoing. This "normative gap defense," which negates wrongdoing without justifying the conduct, is the best …
The Act Requirement As A Basic Concept Of Criminal Law, Luis E. Chiesa
The Act Requirement As A Basic Concept Of Criminal Law, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin
Is Silence Sacred? The Vulnerability Of Griffin V. California In A Terrorist World, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
Part I of this Article traces the shared history of the right against self-incrimination from twelfth-century England to the mid-twentieth century. Part II examines the modern history of the privilege in the United States, from the Supreme Court's 1965 decision in Griffin to its 1999 decision in Mitchell. Part III examines the United Kingdom's modern approach to the privilege, including its re-shaping of the privilege in response to domestic terrorism. Part IV examines why the U.S. and U.K. systems, with a common history and shared values, have moved in such dramatically different directions with respect to the privilege. Part V …
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …
Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman
Litigating Brady V. Maryland: Games Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
By any measure, Brady v. Maryland has not lived up to its expectations. Brady's announcement of a constitutional duty on prosecutors to disclose exculpatory evidence to defendants embodies, more powerfully than any other constitutional rule, the core of the prosecutor's ethical duty to seek justice rather than victory. Nevertheless, prosecutors over the years have not accorded Brady the respect it deserves. Prosecutors have violated its principles so often that it stands more as a landmark to prosecutorial indifference and abuse than a hallmark of justice. Moreover, as interpreted by the judiciary, Brady actually invites prosecutors to bend, if not break, …
An Argument For Original Intent: Restoring Rule 801(D)(1)(A) To Protect Domestic Violence Victims In A Post-Crawford World, Andrew King-Ries
An Argument For Original Intent: Restoring Rule 801(D)(1)(A) To Protect Domestic Violence Victims In A Post-Crawford World, Andrew King-Ries
Pace Law Review
No abstract provided.
La Catástrofe De Los Delitos De Riesgo Catastrófico, Luis E. Chiesa
La Catástrofe De Los Delitos De Riesgo Catastrófico, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Reflections On Brady V. Maryland, Bennett L. Gershman
Reflections On Brady V. Maryland, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article describes the evolution of the Brady rule over the past forty-three years. Part I sketches the origins of the rule and its doctrinal developments. Part II closely examines Brady's impact on constitutional criminal procedure. Part II suggests that Brady's essential goal has been eroded by the courts, subverted by prosecutors, and ignored by disciplinary bodies. Part III proposes that only through expanding a defendant's right to discovery can the goal of Brady be realized. The Article concludes that Brady, more than any other rule of constitutional criminal procedure, has been the most fertile and widespread …
The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman
The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article will expand upon the feminist critique by focusing on children's health as well as the health and liberty interests of their mothers. In the first part of this article, I examine the legal and cultural underpinnings of “fetal protection” and explore its current manifestations. In the second part, I place “fetal protection” in a broader context, documenting the ways in which American law currently promotes fetal life, while simultaneously neglecting the lives and health of born children. The third part of the article offers concrete recommendations about how government, both state and federal, can actually achieve the goal …
Contaminating The Verdict: The Problem Of Juror Misconduct, Bennett L. Gershman
Contaminating The Verdict: The Problem Of Juror Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This article describes the myriad ways in which misconduct by jurors can contaminate a trial and verdict and the ability of courts to remedy such misconduct. Part II examines the case law in which criminal defendants have challenged their convictions on the basis of juror misconduct. Defendants have claimed that jurors were influenced by external contacts with third parties, exposed to extraneous, non-evidentiary information, engaged in contrived experiments and improper reenactments in the jury room, made dishonest and misleading statements during jury selection, engaged in conduct demonstrating bias and prejudgment, suffered from physical and mental impairments, engaged in pre-deliberation discussions …
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article considers the Supreme Court's suggestion and recommends a mechanism to regulate the virtual pornography market in a manner that balances the rights of virtual pornographers with the prosecution of actual child pornographers. Part II traces the events leading up to the Free Speech decision, commencing with the enactment of the Child Pornography Prevention Act of 1996 (CPPA). Part III discusses the Free Speech opinion and the post-Free Speech cases. Part IV examines the PROTECT Act--the legislative response to the Supreme Court's decision. Part V concludes that regulation of the virtual pornography industry is the most effective method of …
How Juries Get It Wrong - Anatomy Of The Detroit Terror Case, Bennett L. Gershman
How Juries Get It Wrong - Anatomy Of The Detroit Terror Case, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article describes the background and trial of the four defendants in the so-called Detroit “Sleeper Cell” terrorist prosecution. It examines the evidence relied on by the jury to reach its verdict, particularly the testimony of a key turncoat witness who accused the defendants of participation in a terrorist conspiracy. Part III examines how the jury's search for truth was corrupted by false, misleading, and incomplete proof. It identifies several extrinsic sources of jury error including suppressed evidence, dishonest and unreliable testimony, partisan experts, coaching, obstructed cross-examination, and inflammatory arguments. Finally, with the Detroit terrorist trial as the model, Part …
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Prosecutorial Ethics And Victims' Rights: The Prosecutor's Duty Of Neutrality, Bennett L. Gershman
Prosecutorial Ethics And Victims' Rights: The Prosecutor's Duty Of Neutrality, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In recent years, enhanced legal protections for victims has caused victims to become increasingly involved in the criminal justice process, often working closely with prosecutors. In this Article, Professor Gershman analyzes the potential challenges to prosecutors' ethical duties that victims'participation may bring and suggests appropriate responses.
Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin
Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.
The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell
The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This article addresses the general principles of attempt liability, including a description of the doctrines of factual and legal impossibility and the rationale behind the historical treatment of these defenses. Part III describes recent Internet attempt cases, and Part IV analyzes issues raised by such cases. This article suggests that the new Internet cases provide further rationale for rejecting a distinction between factual and legal impossibility that would allow the latter to be a defense. This article also discusses issues surrounding the appropriate mens rea for attempt, and its applicability to Internet cases, where the defendants claim ignorance or indifference …
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes how current U.S. criminal law addresses the problem of securing a homicide conviction where multiple defendants are accused in a child's non-accidental death. Part III sets forth the English response: a statute that includes (1) a new substantive crime; (2) a permissible negative inference against a defendant who fails to account for the non-accidental death of a child for whom he or she is responsible; and (3) delay of a motion to dismiss for failure to establish a prima facie case until after the defense has been presented or the jury has been allowed to draw the …
Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa
Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Derecho Penal, Luis E. Chiesa
Derecho Penal, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman
Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The prosecutor's misuse of scientific evidence to charge and convict has not been sufficiently examined. Courts and commentators critiquing abuses of scientific evidence in criminal cases rarely focus on the prosecutor's role in the process. Issues typically discussed are the questionable nature of the evidence, the controversial manner in which the evidence was acquired and tested, whether the expert arrived at her conclusions in a scientifically reliable manner, and whether the expert's courtroom testimony was false or misleading. The prosecutor's control over and manipulation of the scientific evidence to shape the fact-finder's evaluation of the facts and to persuade the …
Exonerations Change Judicial View On Ineffective Assistance Of Counsel, Adele Bernhard
Exonerations Change Judicial View On Ineffective Assistance Of Counsel, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin
Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes the U. S. constitutional law interpreting the concept of “same offence.” Included is a survey of the Supreme Court's attempts to interpret constitutional text in order to provide adequate protection for the underlying double jeopardy interest against vexatious reprosecutions, which have frequently produced inconsistent and illogical results. Part III of this article analyzes U.K. law relating to the concept of “same offence,” where the same narrow double jeopardy protection adopted by the U.S. Supreme Court is supplemented with a broad discretion to prevent unfair successive prosecution that constitutes an abuse of process. Part IV draws lessons from …
Dying Twice: Incarceration On Death Row, Michael B. Mushlin
Dying Twice: Incarceration On Death Row, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
Dying Twice is an important report. The work is a collaboration between the Corrections Committee of the Association of the Bar of the City of New York, which I chaired, and the Committee on Capital Punishment of the Association chaired by Norman Greene. The working group that researched and wrote the report was drawn from members of both committees. The attorneys and the physician who served on the committee are wonderful, talented, dedicated people. It was a pleasure to work with professionals of this caliber on such an important effort. Dying Twice was endorsed as the position of the Association …
Back To The Future: Does Apprendi Bar A Legislature's Power To Shift The Burden Of Proof Away From The Prosecution By Labeling An Element Of A Traditional Crime As An Affirmative Defense?, Leslie Yalof Garfield
Back To The Future: Does Apprendi Bar A Legislature's Power To Shift The Burden Of Proof Away From The Prosecution By Labeling An Element Of A Traditional Crime As An Affirmative Defense?, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This Article considers whether it would be sound to extend the Apprendi rule to affirmative defenses. Part II of this Article considers the historical foundation of the Due Process Clause and the evolution of the assignment of the burden of proof for affirmative defenses and sentencing factors. Part II also reviews Mullaney and its progeny through the most current case, Apprendi. Part III discusses the Court's model for determining which categories of statutory language constitute elements requiring proof beyond a reasonable doubt and which are "nonessential element[s] of an offense." Part IV evaluates whether it is appropriate to assign the …
International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu
International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu
Pace International Law Review
No abstract provided.
Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin
Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
In 1995 New York State revived the death penalty as a punishment for certain categories of murder, and established a “death row” for condemned men at the Clinton Correctional Facility in Dannemora, New York (variously, “Clinton” or the “Prison”). Four years later, in October 1999, two committees of the Association of the Bar of the City of New York (the “Association”) joined together to study the conditions of confinement on this death row--or, as it is officially called, the Unit for Condemned Persons (the “UCP”). These committees--the Committee on Corrections and the Committee on Capital Punishment--formed a joint subcommittee (the …
Witness Coaching By Prosecutors, Bennett L. Gershman
Witness Coaching By Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Given its controversial nature, one would expect the practice and ethics of witness coaching to have attracted close scrutiny by courts and commentators. Interestingly, however, the subject has received relatively modest attention. A handful of judicial and ethics opinions have discussed superficially the subject of witness preparation and coaching. Practitioner manuals typically offer general guidance on how to prepare witnesses, and occasionally address tactical and ethical issues involved in coaching. Scholarly commentary has examined the ethical limits of witness preparation, particularly by differentiating acceptable techniques from improper techniques, which promote false or misleading testimony. In addition, popular culture occasionally has …