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Criminal Law Commons™

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Washington and Lee University School of Law

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Articles 211 - 240 of 669

Full-Text Articles in Criminal Law

Sentencing Inequality Versus Sentencing Injustice, Melanie D. Wilson Jul 2014

Sentencing Inequality Versus Sentencing Injustice, Melanie D. Wilson

Scholarly Articles

Women lag behind men in pay for equal work and in positions of prestigious employment, such as chief executive officers at Fortune 500 companies and presidents of colleges and universities. Women also suffer conscious and subconscious negative bias from both men and women in positions to evaluate an applicant's capabilities and potential, making it less likely that an employer or mentor will choose a woman instead of a man. In contrast to these and many other contexts, our federal criminal justice system regularly favors women over men. Empirical studies show that this lenient treatment begins with prosecutors and law enforcement …


Ending Recidivism: How A Judicial Paradigm Shift Could Prevent Recidivism By Sex Offenders, Geoffrey S. Weed Mar 2014

Ending Recidivism: How A Judicial Paradigm Shift Could Prevent Recidivism By Sex Offenders, Geoffrey S. Weed

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Into Hell: Gang-Prostitution Of Minors, Jan Fox Mar 2014

Into Hell: Gang-Prostitution Of Minors, Jan Fox

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Role Of Enticement In A Violation Of A Protection Order, Olivia M. Fritsche Mar 2014

The Role Of Enticement In A Violation Of A Protection Order, Olivia M. Fritsche

Washington and Lee Law Review

No abstract provided.


Anti-Justice, Melanie D. Wilson Jan 2014

Anti-Justice, Melanie D. Wilson

Scholarly Articles

This Article contends that, despite their unique, ethical duty to “seek justice,” prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …


The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl Jan 2014

The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl

Scholarly Articles

On March 14, 2012, a trial chamber of the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo, a rebel leader from the Democratic Republic of the Congo, for child-soldier-related crimes. Some months later, Lubanga was sentenced to a prison term of fourteen years. On August 7, 2012, an ICC trial chamber issued its decision regarding the principles and procedures to be applied to reparations in the Lubanga case. This Article unpacks the relationships between the Lubanga proceedings and how the international community conceptualizes, and strives to prevent, child soldiering. This Article contends that the Lubanga proceedings reinforce, and incubate, a …


Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz Sep 2013

Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk Sep 2013

A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna Jun 2013

Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna

Scholarly Articles

The article presents a response to the article by Professor Albert Alschuler on the administrative rulemaking in criminal law enforcement and guiding the power which was wielded by criminal justice officials. It mentions that the increase in the rate of the punishment given to the convicts is less effective in reducing the crime and enhancing public safety. It informs that bureaucratization can be considered as the means to improve the criminal process in the U.S.


Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper Mar 2013

Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper

Washington and Lee Law Review

No abstract provided.


Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps Mar 2013

Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps

Washington and Lee Law Review

No abstract provided.


Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg Mar 2013

Heeding Gideon’S Call In The Twenty-First Century: Holistic Defense And The New Public Defense Paradigm, Robin Steinberg

Washington and Lee Law Review

No abstract provided.


The Problem With Misdemeanor Representation, Erica Hashimoto Mar 2013

The Problem With Misdemeanor Representation, Erica Hashimoto

Washington and Lee Law Review

No abstract provided.


Gideon Skepticism, Alexandra Natapoff Mar 2013

Gideon Skepticism, Alexandra Natapoff

Washington and Lee Law Review

The criminal defense lawyer occupies a special doctrinal place in criminal procedure. It is the primary structural guarantor of fairness, the single most important source of validation for individual convictions. Conversely, if a person did have a competent lawyer, it generates a set of presumptions that his trial was in fact fair, the evidence sufficient, and his plea knowing and voluntary. This is a highly problematic legal fiction. The presence of counsel advances but cannot guarantee fair trials and voluntary pleas. More fundamentally, a lawyer in an individual case will often be powerless to address a wide variety of systemic …


Crashing The Misdemeanor System, Jenny Roberts Mar 2013

Crashing The Misdemeanor System, Jenny Roberts

Washington and Lee Law Review

No abstract provided.


Two Rights To Counsel, Josh Bowers Mar 2013

Two Rights To Counsel, Josh Bowers

Washington and Lee Law Review

No abstract provided.


Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross Mar 2013

Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross

Washington and Lee Law Review

No abstract provided.


Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples Mar 2013

Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples

Washington and Lee Law Review

No abstract provided.


Unstoppable V. Unwaivable, Steven Benjamin Mar 2013

Unstoppable V. Unwaivable, Steven Benjamin

Washington and Lee Law Review

No abstract provided.


Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas Mar 2013

Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas

Washington and Lee Law Review

No abstract provided.


Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan Mar 2013

Getting Real About Gideon: The Next Fifty Years Of Enforcing The Right To Counsel, Cara H. Drinan

Washington and Lee Law Review

No abstract provided.


“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller Mar 2013

“Potential Innocence”: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Washington and Lee Law Review

No abstract provided.


Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King Mar 2013

Lamentations, Celebrations, And Innovations: Gideon At 50, John D. King

Washington and Lee Law Review

No abstract provided.


Validating The Right To Counsel, Brandon L. Garrett Mar 2013

Validating The Right To Counsel, Brandon L. Garrett

Washington and Lee Law Review

No abstract provided.


Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith Mar 2013

Gideon Was A Prisoner: On Criminal Defense In A Time Of Mass Incarceration, Abbe Smith

Washington and Lee Law Review

No abstract provided.


Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael Jan 2013

Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael

Scholarly Articles

This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in cases where …


Florida V. Jardines: The Wolf At The Castle Door, Timothy C. Macdonnell Jan 2013

Florida V. Jardines: The Wolf At The Castle Door, Timothy C. Macdonnell

Scholarly Articles

The purpose of this article is to examine the controversy regarding the application of the contraband exception to the home and the potential impact of the Florida v. Jardines decision of the U.S. Supreme Court. The article will begin by examining the cases that make up the Supreme Court's contraband exception and some of the Court's precedent regarding the home and warrantless searches. Next, the article will examine the Florida Supreme Court's holding in Jardines and discuss how the Florida court arrived at the conclusion that the canine sniff in that case was a search. This section will compare the …


Beyond “Life And Liberty”: The Evolving Right To Counsel, John D. King Jan 2013

Beyond “Life And Liberty”: The Evolving Right To Counsel, John D. King

Scholarly Articles

The majority of Americans, if they have contact with the criminal justice system at all, will experience it through misdemeanor courtrooms. More than ever before, the criminal justice system is used to sort, justify, and reify a separate underclass. And as the system of misdemeanor adjudication continues to be flooded with new cases, the value that is exalted over all others is efficiency. The result is a system that can make it virtually painless to plead guilty (which has always been true for low-level offenses), but that is now overlaid with a new system of increasingly harsh collateral consequences. The …


Process For The Dispossessed: Procedural Rights From Magna Carta To Modern International Law, Mark A. Drumbl Jan 2013

Process For The Dispossessed: Procedural Rights From Magna Carta To Modern International Law, Mark A. Drumbl

Scholarly Articles

Due process matters greatly to distinguished philosopher Larry May, who advocates for a vigourous assertion of procedural rights as constituting an international rule of law. He undertakes this ambitious, a la fois aspirational, task in Global Justice and Due Process.


Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl Jan 2013

Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl

Books and Chapters

The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …