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Articles 61 - 90 of 246
Full-Text Articles in Criminal Law
Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo
Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo
University of the District of Columbia Law Review
The grand jury in the United States is hailed by its proponents as an indispensable buffer of protection from malicious and unfounded prosecution by the State. Critics, however, liken the investigatory body to a rubber stamp of the prosecutor, analogous to early English grand jurors who were subject to the influences of the Monarch. Criticism of the grand jury often focuses on the grand jury's potential for oppression rather than protection of the individual.' In particular, it is the secrecy of the grand jury that sparks the most debate.'
A Regime Of Social Death: Criminal Punishment In The Age Of Prisons, Stephen D. Sowle
A Regime Of Social Death: Criminal Punishment In The Age Of Prisons, Stephen D. Sowle
All Faculty Scholarship
No abstract provided.
The Twenty-First Wisdom, Paul D. Carrington
The Twenty-First Wisdom, Paul D. Carrington
Washington and Lee Law Review
No abstract provided.
Historical Perspective Of The "Sex Psychopath" Statute: From The Revolutionary Era To The Present Federal Crime Bill, Rachel Blacher
Historical Perspective Of The "Sex Psychopath" Statute: From The Revolutionary Era To The Present Federal Crime Bill, Rachel Blacher
Mercer Law Review
No abstract provided.
Should Courts Impose Rico's Pretrial Restraint Measures On Substitute Assets?, James M. Rosenthal
Should Courts Impose Rico's Pretrial Restraint Measures On Substitute Assets?, James M. Rosenthal
Michigan Law Review
This Note argues that courts should not apply RICO's pretrial restraint measures to substitute assets. Part I examines the text of RICO's forfeiture provisions in light of recent rulings by the Supreme Court providing guidance in interpreting the statute. Part I concludes that the statute's plain meaning limits pretrial restraint measures to tainted assets. Part II examines language in the legislative history of an earlier attempt to add a substitute asset provision to RICO and in the 1984 change from broad to specific language in the pretrial restraint provision. From this language, Part II concludes that Congress did not intend …
Critiquing The Legal Order In The Name Of “Critical Morality”, Julius Cohen
Critiquing The Legal Order In The Name Of “Critical Morality”, Julius Cohen
Cardozo Law Review
The moral criticism of the legal order has been a longtime sport (serious), if not an industry, for law teachers, theorists, judges, and other legal functionaries. In the process, they often reach for criteria beyond those utilized in conventional morality. Sometimes the reach "beyond" is ad hoc; sometimes it is accompanied by an awareness that it is toward a pattern of a higher-level, critical morality. The reach beyond is often triggered by a need to resolve conflicts within conventional morality. Or it is a function of the distrust of some of the sources of conventional morality, such as prejudice, unrefined …
People V. Hicks: Sentencing Laws And Sex Offenses - A Disingenuous Approach By The California Supreme Court, Michael A. Barmettler
People V. Hicks: Sentencing Laws And Sex Offenses - A Disingenuous Approach By The California Supreme Court, Michael A. Barmettler
San Diego Law Review
This Casenote questions the holding in People v. Hicks, a California Supreme Court decision in December 1993, which held that sex offenders are subject to multiple full-term consecutive sentences for both non-sex and sex offenses. The author argues that this decision exceeds the interpretive limits of the sex offender sentencing statutes in California. Based on a potentially applicable statutory prohibition regarding multiple punishments, this holding is criticized for abusing the court's interpretive authority. In addition, this decision is argued to open the door to a potential dramatic increase in sentences that the legislature never intended.
People V. Fitzpatrick: The Path To Amending The Illinois Constitution To Protect Child Witnesses In Criminal Sexual Abuse Cases, Thomas Conklin
People V. Fitzpatrick: The Path To Amending The Illinois Constitution To Protect Child Witnesses In Criminal Sexual Abuse Cases, Thomas Conklin
Loyola University Chicago Law Journal
No abstract provided.
Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan
Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan
Faculty Scholarship
No abstract provided.
Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn
Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn
Touro Law Review
No abstract provided.
Saving Our Children: Focusing The World's Attention On The Abuse Of Children, Robert F. Drinan S.J.
Saving Our Children: Focusing The World's Attention On The Abuse Of Children, Robert F. Drinan S.J.
Loyola University Chicago Law Journal
No abstract provided.
Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider
Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider
Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Criminalization As A Policy Response To A Public Health Crisis, 27 J. Marshall L. Rev. 435 (1994), J. Kelly Strader
Criminalization As A Policy Response To A Public Health Crisis, 27 J. Marshall L. Rev. 435 (1994), J. Kelly Strader
UIC Law Review
No abstract provided.
Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill
Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill
St. Thomas Law Review
No abstract provided.
Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement, Bruce A. Green
Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement, Bruce A. Green
St. Thomas Law Review
This Article focuses on how standards of prosecutorial conduct are enforced. As will be discussed, the process for sanctioning wrongful conduct of federal prosecutors is structurally inadequate. Federal prosecutors are subject to discipline by as many as four different authorities. Yet, each of the available disciplinary mechanisms is itself deficient. Furthermore, the diffusion of responsibility among different mechanisms compounds the problem.
Racial Hatred: A Comparative Analysis Of The Hate Crime Laws Of The United States And Germany, Charles Lewis Nier Iii
Racial Hatred: A Comparative Analysis Of The Hate Crime Laws Of The United States And Germany, Charles Lewis Nier Iii
Penn State International Law Review (1982 - 2011)
No abstract provided.