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Articles 31 - 60 of 279
Full-Text Articles in Criminal Law
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Decolonising Restoration And Justice, Mark Findlay
Decolonising Restoration And Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …
The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh
Cardozo Law Review
No abstract provided.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
The American Adversary System, William T. Pizzi
The American Adversary System, William T. Pizzi
West Virginia Law Review
No abstract provided.
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Michigan Law Review
In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …
Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector
Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector
University of Michigan Journal of Law Reform
In recent years, Mexican narcotics trafficking has become a major threat to the security of the Americas. Mexican narco-traffickers have used their wealth and violence to corrupt political and judicial systems and avoid effective prosecution or penalty in Mexican courts. Historically, Mexico has refused to extradite its nationals in reliance on Mexican law prohibiting the extradition of nationals in all but "exceptional" cases. This Note argues that Mexico should take a step toward controlling the cross-border narcotics trade and recognize international drug trafficking as an "exceptional" crime. Upon recognizing narcotics crimes as "exceptional," Mexico should then begin extraditing Mexican narco-traffickers …
Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine
Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine
American University Law Review
No abstract provided.
Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler
Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler
Brigham Young University Journal of Public Law
No abstract provided.
Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro
Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro
Brigham Young University Journal of Public Law
No abstract provided.
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Penn State International Law Review (1982 - 2011)
No abstract provided.
Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab
Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss
The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor
The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor
International Bulletin of Political Psychology
This article describes the problematic nature of child molestation for the rule of law.
United States V. Mitchell: The Fifth Amendment At Sentencing, Matthew E. Cook
United States V. Mitchell: The Fifth Amendment At Sentencing, Matthew E. Cook
Mercer Law Review
Whether the Fifth Amendment privilege against self-incrimination may be claimed by a criminal defendant after conviction is an open question. In United States v. Mitchell, the Third Circuit aligned itself with the minority of circuits by holding that defendants retain no Fifth Amendment right against self-incrimination with respect to the facts or circumstances of a crime once convicted, even though their testimony may work to increase their level of punishment.
The Color Line Of Punishment, Jerome H. Skolnick
The Color Line Of Punishment, Jerome H. Skolnick
Michigan Law Review
If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …
Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee
Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee
Mercer Law Review
In Kansas v. Hendricks, the United States Supreme Court determined the constitutionality of a civil commitment statute that provides for possible indefinite confinement of sex offenders who are near the end of their prison sentences and who pose a threat to society and suffer from a "mental abnormality." In a five to four decision, the Court reversed the Kansas Supreme Court and upheld Kansas's Sexually Violent Predator Act ("SVPA"). In doing so, the Court declared the act nonpenal and rejected due process, double jeopardy, and ex post facto challenges.
Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker
Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
Michigan Law Review
My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.
Police And Thieves, Rosanna Cavallaro
Police And Thieves, Rosanna Cavallaro
Michigan Law Review
What is it about New York City that has, in the last few years, spawned a series of books attacking the criminal justice system and describing a community in which victims' needs are compelling while the rights of the accused are an impediment to justice? Why does this apocalyptic vision of the system persist, despite statistics demonstrating the sharpest decline in the city's and the nation's crime rates in decades? What explains the acute detachment from the accused that is at the core of this series of books? In Virtual Justice: The Flawed Prosecution of Crime in America, Richard Uviller …
Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears
Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears
BYU Law Review
No abstract provided.
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
Cardozo Law Review
No abstract provided.
Mezzanatto And The Economics Of Self-Incrimination, Eric Rasmusen
Mezzanatto And The Economics Of Self-Incrimination, Eric Rasmusen
Cardozo Law Review
No abstract provided.
Racial Differences In Rape Myth Acceptance Among College Women, Lekeshia M. Washington
Racial Differences In Rape Myth Acceptance Among College Women, Lekeshia M. Washington
Sociology & Criminal Justice Theses & Dissertations
This study investigates the racial differences in rape myth acceptance among college women. There has been little research on the topic of rape which examines solely the opinions of women. Black and white college women {N=623) completed a survey which measured the degree of acceptance or rejection of false beliefs about rape, rape victims, or rapists. These false beliefs were termed rape myths. The myths demean the victim and support stereotypes about rape. Past research suggests that blacks accept rape myths more than whites, and that victims accept rape myths more than nonvictims. This study's analyses suggest that women as …
Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman Iii
Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman Iii
Faculty Publications
This Article has three objectives. First, it attempts to rethink the sentencing of federal economic criminals in light of the basic purposes of sentencing and of the Guidelines' particular structure and objectives. Second, it examines the deficiencies in the current sentencing guidelines regarding theft, fraud, and other economic crimes, and the problem areas in the case law construing those guidelines. Third, it proposes and analyzes a consolidated guideline, together with accompanying application notes, for sentencing virtually all theft and fraud cases (a draft of which follows the text of this Article as Appendix A).
Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall
Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall
Indiana Law Journal
No abstract provided.