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Criminal Law Commons

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1997

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Institution
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Articles 91 - 120 of 250

Full-Text Articles in Criminal Law

Sexual Assault Issues Before The War Crimes Tribunal, Diane Orentlicher Jan 1997

Sexual Assault Issues Before The War Crimes Tribunal, Diane Orentlicher

Human Rights Brief

No abstract provided.


A Report On The Negotiations For The Creation Of An International Criminal Court, Fanny Benedetti Jan 1997

A Report On The Negotiations For The Creation Of An International Criminal Court, Fanny Benedetti

Human Rights Brief

No abstract provided.


Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong Jan 1997

Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong

Faculty Publications

In the late 1950s and early 1960s, two of England's most respected jurists engaged in an on-going debate that would take the legal world by storm. The debate concerned whether and to what extent morality should be reflected in the law and was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. On the one hand was Lord Patrick Devlin, a Lord of Appeal in Ordinary later elevated to the House of Lords, Britain's highest court. Devlin opposed the conclusions contained in the Wolfenden …


Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen Jan 1997

Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen

Faculty Scholarship

This Article addresses physician-assisted suicide and the medical treatment of pain and suffering. Part II discusses various medical misconceptions about the treatment of pain and how modern medicine fails to fulfill this aspect of its palliative care role. Part III reviews how the law currently circumscribes the patient and doctor's ability to make medical decisions when the patient is terminally ill. As will be shown, the law is clearer and more respectful of good medical practice than most medical practitioners currently believe. Moreover, this section will also establish that, while several competing philosophical positions surrounding physician-assisted suicide exist, these same …


International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry Jan 1997

International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry

Northwestern Journal of International Law & Business

This article addresses what IFIs are doing, are not doing, and hopefully might do to help cap the corruption eruption sweeping our world. The article primarily relates the efforts of the World Bank in this area and briefly discusses efforts by other major IFIs.


The Problem Of Corruption: A Tale Of Two Countries, Kimberly Ann Elliott Jan 1997

The Problem Of Corruption: A Tale Of Two Countries, Kimberly Ann Elliott

Northwestern Journal of International Law & Business

This perspective provides an introduction to the problem of corruption, focusing on two questions: * What causes corruption? * Where is corruption most serious? The perspective concludes with a brief discussion of two countries - Kenya and Uganda - that seem to be going in opposite directions politi- cally and economically, as well as in their attitudes toward corruption.


Section 1983 Litigation, Martin A. Schwartz Jan 1997

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston Jan 1997

An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston

Touro Law Review

No abstract provided.


Introduction, Anthony C. Musto Jan 1997

Introduction, Anthony C. Musto

St. Thomas Law Review

No abstract provided.


Television Coverage Of State Criminal Trials, Gerald Kogan, Rikki Klieman Jan 1997

Television Coverage Of State Criminal Trials, Gerald Kogan, Rikki Klieman

St. Thomas Law Review

This article examines the controversy regarding the use of television cameras in state criminal trials, as discussed at The Florida Bar annual meeting held in Lake Buena Vista, Florida, on June 21, 1996. Chief Justice Gerald Kogan of the Supreme Court of Florida moderated a panel discussion on this topic. The panel consisted of Judge Stanley Weisberg of the Los Angeles Superior Court and Rikki Klieman of Court TV.


Miscarriages Of Justice: Their Causes And Curses, Steven Wisotsky Jan 1997

Miscarriages Of Justice: Their Causes And Curses, Steven Wisotsky

St. Thomas Law Review

Judge Hand was wrong. There is now abundant evidence that innocent men have been convicted and imprisoned. Probably a few innocents have been executed. This article explores what is largely uncharted territory: the law pertaining to correcting miscarriages of justice. The twin premises are that significant numbers of innocent prisoners are wrongly convicted each year, and that present legal remedies are inadequate to correct these miscarriages of justice. How many miscarriages of justice have there been historically, and how common are they today? Because guilt or innocence is a judgment and not a purely objective fact, it is impossible to …


Is The Witness Believable? A New Look At Truth And Veracity Character Evidence And Bad Acts Relevant To Truthfulness In A Criminal Case, Fred W. Bennett Jan 1997

Is The Witness Believable? A New Look At Truth And Veracity Character Evidence And Bad Acts Relevant To Truthfulness In A Criminal Case, Fred W. Bennett

St. Thomas Law Review

This article explores the evidentiary use at trial of a witness' character for truthfulness or untruthfulness.' Additionally, the article discusses Federal Rules of Evidence (Rule or Rules) 404(a)(1), 405(a), 608(a), and 608(b). Part II of this article covers the common law antecedents of the rules governing the use of truth and veracity character evidence. Part III explores the rationale and scope of Rule 404(a)(1), with illustrations of the use of opinion and reputation evidence under this rule. This section also includes a discussion of Rule 405(a), with an illustration of cross-examination under this rule. Part IV covers Rule 608(a) along …


Truth In Jury Instructions: Reforming The Law Of Lesser Included Offenses, John F. Yetter Jan 1997

Truth In Jury Instructions: Reforming The Law Of Lesser Included Offenses, John F. Yetter

St. Thomas Law Review

No abstract provided.


What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle Jan 1997

What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


A Father's Crusade: The Medical Murder Of Ina Raja, Nirej S. Sekhon Jan 1997

A Father's Crusade: The Medical Murder Of Ina Raja, Nirej S. Sekhon

Faculty Publications By Year

No abstract provided.


Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker Jan 1997

Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker

UIC Law Review

No abstract provided.


Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr. Jan 1997

Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.

UIC Law Review

No abstract provided.


The O.J. Simpson Case Revisited, George Anastaplo Jan 1997

The O.J. Simpson Case Revisited, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland Jan 1997

The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland

Kentucky Law Journal

No abstract provided.


A Caribbean Fantasy - The Case Of The Juror Who Misbehaved And The Attorney Who Let Him Get Away With It: Violation Of Sixth Amendment Rights To An Impartial Jury And Effective Assistance Of Counsel In Government Of The Virgin Islands V. Weatherwax, Deborah Cirilla Jan 1997

A Caribbean Fantasy - The Case Of The Juror Who Misbehaved And The Attorney Who Let Him Get Away With It: Violation Of Sixth Amendment Rights To An Impartial Jury And Effective Assistance Of Counsel In Government Of The Virgin Islands V. Weatherwax, Deborah Cirilla

Villanova Law Review (1956 - )

No abstract provided.


Defining Use Of A Firearm, Alan M. Gilbert Jan 1997

Defining Use Of A Firearm, Alan M. Gilbert

Journal of Criminal Law and Criminology

No abstract provided.


Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz Jan 1997

Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz

Journal of Criminal Law and Criminology

No abstract provided.


Cancelling Crime, Evan Tsen Lee Jan 1997

Cancelling Crime, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld Jan 1997

Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld

Faculty Publications

This Article examines McNamara's "confession" and the public response to it within the context of an American tradition of confession in law and literature. Part I traces that tradition to the criminal conversion narratives and gallows speeches of colonial New England. Puritan society had clear expectations of what it took to make a good confession, and the Article identifies these rules for confession. It also examines the functions of confession in that society and argues that these confessions had several social consequences, including easing the consciences of those implicated in the criminal's punishment; bolstering civil and religious authority; warning the …


The Plain Feel Doctrine And The Evolution Of The Fourth Amendment, Anne Bowen Poulin Jan 1997

The Plain Feel Doctrine And The Evolution Of The Fourth Amendment, Anne Bowen Poulin

Villanova Law Review (1956 - )

No abstract provided.


Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii Jan 1997

Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii

Faculty Publications

Professor Frank Bowman proposed the following consolidated theft/fraud guideline to the U.S. Sentencing Commission in October 1997. The proposal is explained in detail in a forthcoming law review article, Coping With Loss”: A Re-Examination of Federal Economic Crime Sentencing Under the Guidelines, 51 Vanderbilt L. Rev. -- (April 1998).


Learning Our Limits: The Decline Of Textualism In Statutory Cases, Lawrence Solan Jan 1997

Learning Our Limits: The Decline Of Textualism In Statutory Cases, Lawrence Solan

Faculty Scholarship

No abstract provided.


Criminal History And The Purposes Of Sentencing, Aaron J. Rappaport Jan 1997

Criminal History And The Purposes Of Sentencing, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …


The Use Of Social Science And Medicine In Sex Offender Commitment, Eric S. Janus Jan 1997

The Use Of Social Science And Medicine In Sex Offender Commitment, Eric S. Janus

Faculty Scholarship

Sex offender commitment statutes are a controversial and recurring response to the threat of sexual violence. These statutes, claiming exemption from the strict constitutional limitations of the criminal law, use civil-commitment-like procedures to detain sex offenders in secure "treatment centers." Litigation testing these statutes has sought to locate the border between legitimate exercise of the state's mental health power, and illegitimate preventative detention. This article examines the central roles that medicine and behavioral science play in the operation of sex offender commitment statutes and the litigation testing their constitutional validity. The thesis of this article is that the presence of …