Criminal Law Commons^™

Double Jeopardy

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

The Executioners Sing, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Cooperating Clients, Daniel Richman

Faculty Scholarship

Indicted on serious narcotics charges, Jose Lopez retained Barry Tarlow to “vigorously defend and try the case.” Tarlow was up to the task but warned Lopez that it was “his general policy not to represent clients in negotiations with the government concerning cooperation,” and that he did not plan to make any exception for Lopez. As Tarlow later explained, he found such negotiations “personally[,] morally and ethically offensive.” This arrangement suited Lopez just fine, until he wavered in his resolution. Encouraged by a co-defendant, worried about his children, and hoping to obtain an early release from prison …

The O.J. Inquisition: A United States Encounter With Continental Criminal Justice, Myron Moskovitz

Vanderbilt Journal of Transnational Law

October 3, 1995 marked the end of the O.J. Simpson double murder trial, which lasted 474 days and was billed "the trial of the century." After less than four hours of deliberation, the jury acquitted Mr. Simpson of all charges. The following article is a dramatization of how a case similar to the Simpson trial might be handled by a civil-law European criminal justice system.

Utilizing an unusual format, Professor Myron Moskovitz examines and illustrates the differences between the United States and civil-law European criminal justice systems. The author uses a play script inspired by the events in the trial …

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part One), Alan W. Clarke

University of Richmond Law Review

Habeas corpus was once a broad writ of liberty: it served to give meaning to expanding notions of due process, it forced state judicial systems to obey constitutional commands, and it made effective modern conceptions of fundamental fairness. Although a simple implement of humble origin, U.S. habeas corpus became inextricably interwoven with the substantive rights it enforced. Without a practical remedy, cutting across state boundaries and affording uniform access, the substantive rights themselves lose meaning. A right without remedy is a right without meaning. Thus, habeas corpus became an important part of the substantive rights that it enforced.

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.

Rico—Economic Motive Unnecessary For The Proof Of An Enterprise. National Organization Of Women, Inc. V. Scheidler, 114 S. Ct. 798 (1994)., Bryan W. Riley

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Goodbye Grady! Blockburger Wins The Double Jeopardy Rematch. United States V. Dixon, 113 S. Ct. 2849 (1993)., Phillip Green

University of Arkansas at Little Rock Law Review

No abstract provided.

The Money Laundering Control Act Of 1986: Creating A New Federal Offense Or Merely Affording Federal Prosecutors An Alternative Means Of Punishing Specified Unlawful Activity?, Jimmy Gurulé

Journal Articles

The purpose of the Money Laundering Control Act of 1986 was to make the hiding and reinvestment of illegal profit made from a criminal enterprise into a new federal offense. The act targets conduct that occurs after the underlying crime. It is not intended to be an alternative means of punishing the crime itself. Courts must closely adhere to this legislative intent if they seek to properly and consistently apply the law. They must be aware of several key aspects of the law: 1) The financial transaction requirement under section 1956(c)(3) of the act includes the transportation of proceeds from …

When Battered Woman's Syndrome Does Not Go Far Enough: The Battered Woman As Vigilante, Elizabeth Ayyildiz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

At The Intersection Of Injustice: Experiences Of African American Women In Crime And Sentencing, Paula C. Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Rape And The Requirement Of Force: Is There Hope For Pennsylvania After Pennsylvania V. Berkowitz?, Crystal S. Deese

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Age Of Criminal Responsibility In An Era Of Violence: Has Great Britain Set A New International Standard?, Stephanie J. Millet

Vanderbilt Journal of Transnational Law

With the alarming rise of juvenile crime and violence during the past decade, policymakers across the international community have struggled to develop effective juvenile criminal justice systems apart from the existing systems tailored to adults. The wide variations in methods and philosophies utilized in different states indicate that there is no consensus on the proper treatment of young offenders. Using the recent Bulger case as a focus, this Note examines two competing paradigms of juvenile justice found within the British juvenile justice system, with particular emphasis on the age of criminal responsibility. After discussing recent developments in Great Britain's juvenile …

Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurulé

Journal Articles

Civil forfeiture is one of the most potent weapons available to prosecutors in the “war on drugs” and against traditional organized crime. Unlike criminal forfeiture it is in rem and based on a legal fiction that property used in violation of law must be held responsible for harm that it has caused. The conceptual underpinnings of civil forfeiture are long established and can be traced back to English common law, but they also create the potential for abuse. There is currently federal legislation that considers scaling back the reach of civil forfeiture and recent Supreme Court decisions have also limited …

The Resurrection Of Trial By Jury In Russia, Stephen C. Thaman

All Faculty Scholarship

This article traces the genesis of the Russian jury law of July 16, 1993, and places it in the context of the criminal justice reform movement that began during the perestroika period. This article analyzes and evaluates the Jury Law on the basis of the first Russian jury trials. The purpose of this article is to isolate certain problem areas and pose questions, which must be answered in the future.

Much of the material for this paper results from the author’s personal observation of eleven of the first fourteen jury trials and parts of four more trials. The author also …

Trial By Jury And The Constitutional Rights Of The Accused In Russia, Stephen C. Thaman

All Faculty Scholarship

This article discusses the Russian criminal justice system’s transformation from the unjust Soviet system and the introduction of trial by jury. It specifically addresses the role of supplementary investigations in the new adversary procedure and the newly introduced privilege against self-incrimination. The author concludes that even though reforms have improved the Russian criminal justice system, elements of the Soviet system, such as supplementary investigations, remain, undermining the purpose of the new system.

Sentencing Advocacy In The Massachusetts District Courts, Wendy J. Kaplan

Faculty Scholarship

A number of recent legislative initiatives' have brought significant changes to the sentencing practices in the Massachusetts district courts. This article outlines some of these changes, and describes the variety of available district court sentences, in order to assist district court practitioners in their pursuit of effective sentencing advocacy.2 The importance of sentencing advocacy cannot be underestimated. In a system where only a small percentage of cases actually go to trial,3 it is clear that the dispositional decision, deemed a criticial stage of any criminal proceeding, presents an important opportunity for effective advocacy.4 The first section addresses the legislative changes …

Computer-Related Crimes, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Myths And Principles Of Federalization, Rory K. Little

Faculty Scholarship

No abstract provided.

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

Journal Articles

My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as “criminal,” “civil,” “state,” “federal,” or “international,” is relevant principally to a question of legal theory or governmental organization, which is fundamentally secondary to the character of the behavior itself. In short, we have to look at the behavior first–and only then ask questions of legal theory or governmental organization.

We should not be talking about “federalization.” That is a constitutional question to which we now have a fairly clear constitutional answer. Little or no …

Youth Justice In A Unified Court: Response To Critics Of Juvenile Court Abolition, Janet Ainsworth

Faculty Articles

In this article, Professor Ainsworth argues that a unified criminal justice system is preferable to our present two-tiered adult-juvenile court system. In fact, she contends that the cultural and ideological assumptions that underpin the current two-tiered justice system not only engender many of the serious shortcomings of the juvenile justice system, but also serve to exacerbate the very policies and practices of the adult criminal justice system that make it so abhorrent to defenders of the juvenile court. Critics of juvenile court abolitionists thus miss the point when they argue that juveniles would be worse off than they are at …

Second Chances: Bill C-72 And The Charter, Isabel Grant

All Faculty Publications

For decades, Canadian courts grappled with the issue of whether intoxication should mitigate criminal responsibility. During that time, Parliament avoided dealing with this controversial issue, preferring to leave it in the hands of judges. This paper examines the legislative response to the Supreme Court of Canada’s 1994 decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues …

Criminal Enforcement Of U.S. Environmental Laws, Ramasamy Krishnan

LLM Theses and Essays

This LL.M. thesis provides a comprehensive examination of criminal enforcement of environmental laws in the United States, tracing the historical development of criminal provisions from common law nuisance origins through modern statutes such as the Clean Air Act, the Clean Water Act, and sentencing guidelines like the Sentencing Reform Act and Criminal Fines Improvement Act. The work analyzes the public welfare offense doctrine and its impact on mens rea requirements, examining varied standards of liability, including strict liability, "knowing" violations, knowing endangerment, and wilfulness or negligence, as well as corporate liability and individual employee liability through the responsible corporate officer …

More Noise From The Tower Of Babel: Making "Sense" Out Of Reves V. Ernst & Young, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross

Articles

On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …

Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar

Articles

I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.

Full Faith And Credit: Interstate Enforcement Of Protection Orders Under The Violence Against Women Act Of 1994, Catherine F. Klein

Scholarly Articles

This article focuses on Title II, Safe Homes for Women, specifically, interstate enforcement of protection orders. Prior to the enactment of VAWA, the majority of states did not afford full faith and credit to protection orders issued in sister states! This was a serious breach in the protection afforded victims of domestic violence. Without full faith and credit statutes, a state only has the power to protect victims of domestic violence within its boundaries, limiting the protection afforded to victims if they are forced to move or flee to another state.

Prior to the VAWA, in order to receive protection …

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman

All Faculty Scholarship

This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak foundations. …

International Rights And Australian Adaptations: Recent Developments In Criminal Investigation, Mark Findlay

Research Collection Yong Pung How School Of Law

To empower the "right to be presumed innocent until proven guilty according to law", Article 14 of the International Covenant on Civil and Political Rights identifies a range of "minimum guarantees" for suspects under investigation and for the accused at trial. Significant among these is that the suspect/accused is "not to be compelled to testify against himself or to confess guilt".