Criminal Law Commons^™

Conflict Of The Criminal Statute Of Limitations With Lesser Offenses At Trial, Alan L. Adlestein

William & Mary Law Review

No abstract provided.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch

Penn State International Law Review (1982 - 2011)

No abstract provided.

You Have The Right To Be Silent ... Anything You Do Not Say May Be Used Against You. Is The Right To Silence In Great Britain Really A Protection?, Diane Beckman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Section 9: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Mandatory Arrest Law: Police Reaction, Kevin Walsh

Pace Law Review

The mandatory arrest requirement in certain domestic violence situations is unique, due to the fact that no other class of offense requires arrest. The Criminal Procedure Law states that a police officer "may arrest" for all other classes of offenses. The new subdivision states that a police officer "shall arrest a person, and shall not attempt to reconcile the parties or mediate .... ." The use of the word "shall," in contrast to "may," indicates obligation or necessity. Why has this class of offenses been singled out for mandatory arrest? What factors brought this mandatory arrest law about?

She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren

Cardozo Law Review

This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …

Constitutional Criminal Procedure, Edward D. Lukemire, John Lynch

Mercer Law Review

This year's survey of Eleventh Circuit criminal cases is primarily a review of those decisions which involve significant constitutional issues. As in recent years, a substantial number of the court's decisions resulted from drug prosecutions. This is due to the increase in federal resources devoted to drug prosecutions and the substantially longer sentences which often result from a federal drug conviction as compared to a state conviction for the same offense. The court also decided a great many cases involving issued interpreting the Federal Sentencing Guidelines. Even though these cases do not usually involve constitutional issues, the authors decided to …

Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss

Indiana Law Journal

No abstract provided.

The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi

Cardozo Journal of International and Comparative Law

The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.

No Magic Formula: A New Approach For Calculating The Ten Year Time Period For Admission Of Prior Conviction Evidence, Amy E. Sloan

All Faculty Scholarship

Federal Rule of Evidence (FRE) 609 governs admission of prior conviction evidence. Under this rule, it is easier to admit evidence of a prior conviction that is less than ten years old than to admit evidence of older convictions. The ten year period is measured from the later of either the date of conviction or the date of release from confinement.

Calculating the ten year period is fairly straightforward in most cases but becomes confusing when the witness has been confined for violating the terms of probation, parole, or some other period of conditional release. Does the confinement for violation …

Good Sense And 21, Paul D. Carrington

Washington and Lee Law Review

No abstract provided.

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington, Frank O. Bowman, Iii

Washington and Lee Law Review

No abstract provided.

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …

Of Securities Law In Haven Jurisdictionspalm Trees Hide More Than Sunshine: The Extraterritorial Application, Howard S. Eberstein

Penn State International Law Review (1982 - 2011)

No abstract provided.

Black/Parallel Markets: When Is A Money Exchanger A Money Launderer?, Wilmer Parker Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

Forming A More Secure Union: The Growing Problem Of Organized Crime In Europe As A Challenge To National Sovereignty, Joel S. Solomon

Penn State International Law Review (1982 - 2011)

No abstract provided.

Civil Disclosure And Freezing Orders: Recovering Property From Overseas, Marvin G. Pickholz, James Bernard

Penn State International Law Review (1982 - 2011)

No abstract provided.

Child Sex Tourism To Thailand: The Role Of The United States As A Consumer Country, Vickie F. Li

Washington International Law Journal

The proliferation of child prostitution in Thailand has been closely linked to the explosive growth of the sex industry. Political, economic, and cultural factors internal to Thailand alongside external forces from foreign sex tourism, have all contributed to the rising number of prostituted children. In September 1994, the United States enacted an amendment to the Mann Act to prosecute citizens for traveling or conspiring to travel abroad with the intent to engage minors in sexual activities. This Comment traces the development of child prostitution in Thailand and examines the effect of U.S. law in deterring sex tourism abroad. Comparisons to …

Putting Women First, Mary Coombs

Michigan Law Review

A Review of Gender, Crime, and Punishment by Kathleen Daly

Reflections On O.J. And The Gas Chamber, J. Michael Echevarria

San Diego Law Review

This Article discusses the traditional justifications advanced in support of the death penalty and compares them with current empirical data. The justifications are then applied to the O.J. Simpson case. The Article examines the data and reasons for the incidence of error in convicting innocent defendants in capital cases. The type of representation available to O.J. Simpson is contrasted with the quality of representation accorded to most capital defendants. After comparing the empirical data with the ideological justifications for capital punishment, the Author concludes that capital punishment is not necessary.

The Re-Defining Of White Collar Crime, M. I. Dixon

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis

Penn State International Law Review (1982 - 2011)

No abstract provided.

Global Trends In Securities Regulation: The Changing Legal Climate, Dr. Barry A.K. Rider

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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

Osgoode Hall Law Journal

This paper examines the legislative response to the Supreme Court of Canada's 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 of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …

An Examination Of Factors Influencing The Definition Of Rape, Connie Sue Minton

Sociology & Criminal Justice Theses & Dissertations

The purpose of this thesis is to examine the concept of rape and factors which influence the definition of rape. A survey consisting of demographic and attitudinal questions and rape scenarios was administered to college students at two middle-sized universities in the southeast. The results indicate that as the level of intimacy between the victim and the rapist increases the likelihood of a situation being defined as a rape decreases. In this study religion and political attitudes were two independent variables which did not influence the definition of rape while race, gender, relationships with women, and attitudes toward women were …

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …