Criminal Law Commons^™

Feminism And Defending Men On Death Row, Phyllis L. Crocker

Law Faculty Articles and Essays

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …

Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer

St. Thomas Law Review

This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.

Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

St. Thomas Law Review

This Commentary will explore some of the jurisprudential and practical issues by examining the nature of victims' rights and victimization. After a brief introduction to the history of victim's rights amendments in the United States, this Commentary will explore the images in the rhetoric that lead to unreflective support for victims' rights, then turn to images of justice and arguments for a particular kind of victims' rights, together with a critique of that vision. Finally, this Commentary suggests some alternative approaches and programs that promise to be more helpful to victims of crime than any constitutional amendment would be.

Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 10, Issue 3, Spring 1998.

No Penetration - And It's Still Rape, Lundy Langston

Journal Publications

This Article explores the penetration requirement and considers the following: (1) whether it is a male or reasonable person understanding of what is so violative of a woman's body that it should be referred to as rape; and (2) what punishment should be imposed. This Article explores problems raised by the "foreplay" issue. Understanding that rape is not sex, in order to deem a violation, one must understand how a violation is characterized. In addition to defining what is violative, the foreplay issue raises questions about characterizations from a male perspective concerning when a male is placed on notice by …

The Jury Returns To Continental Europe: Russia And Spain Return To The Classic Jury As A Catalyst In A Move To A More Adversary Form Of Criminal Trial, Stephen C. Thaman

All Faculty Scholarship

This paper briefly compares the provisions of the Russian Jury Law of 1993 and the Spanish Jury Law of 1995 and their application in the first trials, with special attention to the effect of the re-injection of a classic jury. Citations in regard to Russia rely on the author’s exhaustive study of the legislative history of the new Russian Jury Law, its provisions, and its application in the first 114 trials in the years 1993-1994. The Spanish discussion relies on information gathered by the author on the first trials held in Spain since the law went into effect, and delves …

Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee

Vanderbilt Law Review

The Anti-Terrorism and Effective Death Penalty Act of 1996 made wholesale changes to the federal habeas corpus statute. In particular, the statute contains a new section 2254(d), which controls the standards that federal habeas courts must employ when reviewing state convictions. This new provision governing the standards of review applies generally to petitions filed after April 24, 1996, the effective date of the Act. The provision's text, however, is critically ambiguous in several respects. Because most of the federal circuit courts of appeal have not yet settled even basic interpretive questions about section 2254(d), federal district courts and circuit panels …

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina

Cleveland State Law Review

Shaken baby syndrome is a serious form of child maltreatment, often involving infants younger than six months of age. It commonly occurs, yet it is frequently overlooked in its most chronic form and underdiagnosed in its most serious expression. Section II of this article will discuss the symptoms, presentation, and clinical findings of shaken baby syndrome. It will conclude by looking at recommendations from the U.S. Advisory Board on Child Abuse and Neglect. Section III delves into the history, function and statistics of Child Death Review Teams on a national level. The discussion ends by examining Ohio's proposed legislation concerning …

Kahan On Mistakes, Daniel B. Yeager

Faculty Scholarship

In Ignorance of Law Is an Excuse - but Only for the Virtuous, Professor Dan Kahan reconciles what I had thought was an irreconcilable body of law. To be sure, imposing order on whether and when mistakes of law should pass as responsibility-evading accounts
of untoward actions is far from light work. Yet Kahan somehow pulls it off in just twenty-seven pages. In addition to acknowledging the importance of Professor Kahan's essay, I write here to point out if not correct what might have been two oversights in his view of the meaning and operation of mistakes. First, Kahan …

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf

Faculty Publications

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

Double Jeopardy, Court Of Appeals: People V. Vasquez

Touro Law Review

No abstract provided.

Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele

Touro Law Review

No abstract provided.

Transferred Intent: An Inquiry Into The Nature Of Criminal Culpability, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.

Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde

Faculty Articles

Our secular society cycles as to whether it glorifies defense attor­neys or prosecutors. Sometimes, we adore defense attorneys­ -- they are the lawyers who ensure that innocents are not punished, "L.A. Law" is the show to watch, and the attorneys to imitate. Other times, we revere prosecutors -- they are the lawyers who punish evil­doers, "Law and Order" is the show to watch, and the attorneys to imitate. Jewish tradition recognizes the inherent ethical difficulties with the conduct of both types of attorneys.

Jewish law recognizes that the societal imposition of the criminal justice system on citizens, who otherwise function …

The Crisis In The Ideology Of Crime, John L. Diamond

Faculty Scholarship

No abstract provided.

The Court Upholds A State Law Prohibiting Physician-Assisted Suicide, Brett Feinberg

Journal of Criminal Law and Criminology

No abstract provided.

Federal False Statement Prosecutions: The Absurd Becomes Material, Bradford R. Hise

Journal of Criminal Law and Criminology

No abstract provided.

Legislating Through The Use Of Commentary: The Sentencing Commission's Interpretation Of 994(H) Of The Sentencing Reform Act, Jeffrey H. Knox

Journal of Criminal Law and Criminology

No abstract provided.

Mental Illness: A Sexually Violent Predator Is Punished Twice For One Crime, Eli M. Rollman

Journal of Criminal Law and Criminology

No abstract provided.

Physician-Assisted Suicide And Voluntary Euthanasia: Some Relevant Differences, John Deigh

Journal of Criminal Law and Criminology

No abstract provided.

An Inquiry Into The Right Of Criminal Juries To Determine The Law In Colonial America, Stanton D. Krauss

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Alcohol And Homicide In The United States 1934-1995--Or One Reason Why U.S. Rates Of Violence May Be Going Down, Robert Nash Parker, Randi S. Cartmill

Journal of Criminal Law and Criminology

No abstract provided.

Asymmetrical Causation And Criminal Desistance, Christopher Uggen, Irving Piliavin

Journal of Criminal Law and Criminology

No abstract provided.

Understanding The Time Path Of Crime, John J. Donohue

Journal of Criminal Law and Criminology

No abstract provided.

Another Stab At Schneckloth: The Problem Of Limited Consent Searches And Plain View Seizures, Michael J. Friedman

Journal of Criminal Law and Criminology

No abstract provided.

Lindesmith V. Anslinger: An Early Government Victory In The Failed War On Drugs, John F. Galliher, David P. Keys, Michael Elsner

Journal of Criminal Law and Criminology

No abstract provided.

Does Congress Abuse Its Spending Clause Power By Attaching Conditions On The Receipt Of Federal Law Enforcement Funds To A State's Compliance With Megan's Law, W. Paul Koenig

Journal of Criminal Law and Criminology

No abstract provided.

The Misappropriation Theory: A Valid Application Of 10(B) To Protect Property Rights In Information, Keith Adam Simon

Journal of Criminal Law and Criminology

No abstract provided.