Criminal Law Commons^™

A Question Of Intent: Aiding And Abetting Law And The Rule Of Accomplice Liability Under § 924©, Tyler B. Robinson

Michigan Law Review

Firearms are common tools of the violent-crime and drugtrafficking trades. Their prevalence is reflected in the frequency with which federal prosecutors charge, juries apply, and courts review 18 U.S.C. §924(c). That provision imposes heavy penalties for either the use or carrying of a firearm "during and in relation to any crime of violence or drug trafficking crime," in addition to the punishment provided for the underlying violent or drug-related offense. A conviction under section 924(c) carries at the very least a mandatory, consecutive five-year sentence, even when the underlying crime already provides enhanced punishment for use of a dangerous weapon …

Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem

Journal Publications

No abstract provided.

Toward Dispassionate, Effective Control Of Sexual Offenders , Carol L. Kunz

American University Law Review

No abstract provided.

Unjust Laws, Robert F. Utter

Cardozo Law Review

No abstract provided.

The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet

Cardozo Law Review

No abstract provided.

To Resign Or Not To Resign, Stephen Ellmann

Cardozo Law Review

No abstract provided.

Justice Stillborn: Lies, Lacunae, Incommensurability, And The Judicial Role, E. Nathaniel Gates

Cardozo Law Review

No abstract provided.

Origins Of The Fifth Amendment And Its Critics, Leonard W. Levy

Cardozo Law Review

No abstract provided.

Kogen V. Chief Military Prosecutor, Theodor Or, Dalia Dorner, Jacob Turkel

Translated Opinions

Facts: Petitioners, prisoners in a military prison, participated in a prison uprising allegedly motivated by deficient prison conditions. The military authorities negotiated with the inmates, who demanded improvements in prison conditions and a commitment from the authorities not to prosecute them. The military authorities agreed to this last condition. Despite this agreement, however, the inmates were prosecuted. Petitioners here contest this latter decision.

Held: The Court noted that precedents allow for the government to repudiate an agreement if such a step is dictated by the public interest. Such a decision must take all the relevant interests into account, including the …

How Much Should Mind Matter? Mens Rea In Theft And Fraud Sentencing, James Gibson

Law Faculty Publications

This article discusses the U.S. Sentencing Commission’s vote to potentially revise the definition of loss. Anyone who has followed the Commission's deliberations on loss will see that the proposed definition attempts to address many of the contentious issues that have arisen in the case law and commentary. The issues that the proposed definition concentrates on, however, such as credits, interest, causation, and gain, tend to inform the inquiry into "actual loss" rather than "intended loss," even though the latter concept is integral to both definitions. Although neither the current nor the proposed definition provides much guidance for working with intended …

Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan

Michigan Law Review

It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one needn't be a …

Beating The Prisoner At Prisoner's Dilemma: The Evidentiary Value Of A Witness's Refusal To Testify , Russell Dean Covey

American University Law Review

No abstract provided.

Arkansas' Missed Opportunity For Rehabilitation: Sending Children To Adult Courts, Gerrard F. Glynn

University of Arkansas at Little Rock Law Review

No abstract provided.

"Possessing With Intent To Distribute" Under The Schoolyard Statute, Sonja R. West

Scholarly Works

This Comment proposes that courts should explicitly rather than implicitly distinguish the different types of defendants accused of possession with intent to distribute controlled substances within a school zone. Part I reviews the current state of the law on this issue and presents the legislative history and textual arguments involved in the debate over the mens rea requirement. Part II examines the factual circumstances at issue in the relevant cases and concludes that these factual circumstances, rather than competing statutory interpretations, lead to *1401 the different results. Finally, Part III emphasizes the need to recognize these implicit categories of offenses …

Melting The Plastic Theories: Advocating The Common Law Of Fraud In Credit Card Non-Dischargeability Actions Under 11 U.S.C. § 523(A)(2)(A), Craig A. Bruens

Vanderbilt Law Review

If credit card-holders purchase items they cannot afford, they may make minimum payments and avoid default. Most people carry debt on their credit cards,' and card-issuers who profit from interest on these balances encourage consumers to carry a balance. When a debtor acquires too much debt and files for bankruptcy, the debtor may generally discharge all of his debts to gain a "fresh start." This discharge of debts completely bars creditors from collecting the money owed to them, and the resulting losses have frustrated the credit card industry.

To prevent debts from becoming uncollectible due to discharge, credit card-issuers frequently …

The Open Door: Will The Right To Die Survive Washington V. Glucksberg And Vacco V. Quill?, Adam J. Cohen

In the Public Interest

No abstract provided.

Regulating Rites: Legal Responses To Female Genital Mutilation In The West, Carol M. Messito

In the Public Interest

No abstract provided.

Dangerous Offender Legislation: A Short Term Solution To A Long Term Problem, Amy M. Lageman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review (1982 - 2011)

No abstract provided.

Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi

Penn State International Law Review (1982 - 2011)

No abstract provided.

Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth

Cardozo Law Review

No abstract provided.

Reflections On The Pricing Of Shares, Robert W. Hamilton

Cardozo Law Review

No abstract provided.

Dividends, Noncontractibility, And Corporate Law, William W. Bratton

Cardozo Law Review

No abstract provided.

The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti

Cardozo Law Review

No abstract provided.

Trends. Encrypting Encryption: Some Comments On S. 909, Secure Public Networks Act, Ibpp Editor

International Bulletin of Political Psychology

The author discusses The use of technology and telecommunications being employed by people in the commission of crimes, viz., terrorism and organized crime.

Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan

Michigan Law Review

The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …

Deterrence's Difficulty, Neal Kumar Katyal

Michigan Law Review

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …