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Articles 181 - 210 of 253
Full-Text Articles in Criminal Law
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins
Journal of Criminal Law and Criminology
No abstract provided.
Effect Of The Federal Sentencing Guidelines On Interjudge Sentencing Disparity, Paul J. Hofer, Kevin R. Blackwell, R. Barry Ruback
Effect Of The Federal Sentencing Guidelines On Interjudge Sentencing Disparity, Paul J. Hofer, Kevin R. Blackwell, R. Barry Ruback
Journal of Criminal Law and Criminology
No abstract provided.
Reforming Hud's One-Strike Public Housing Evictions Through Tenant Participation, Adam P. Hellegers
Reforming Hud's One-Strike Public Housing Evictions Through Tenant Participation, Adam P. Hellegers
Journal of Criminal Law and Criminology
No abstract provided.
Ramifications Of The 1997 Dwi/Felony Prior Record Level Amendment To The Structured Sentencing Act: State Of North Carolina V. Tanya Watts Gentry, William Thomas Kesler Jr.
Ramifications Of The 1997 Dwi/Felony Prior Record Level Amendment To The Structured Sentencing Act: State Of North Carolina V. Tanya Watts Gentry, William Thomas Kesler Jr.
Campbell Law Review
It is the purpose of this note to examine pertinent general statutes and case law to determine whether using previous DWI convictions as both elements in habitual impaired driving and towards the defendant's prior record level is truly "contrary to the laws of this state". First, this note will look at the 1997 amendment to the Structured Sentencing Act, and how its effects led to the controversy in Gentry. Next, this note will examine an overview of North Carolina's jurisprudence of the habitual felon statutes and the habitual impaired driving statute in order to provide a look at the attitude …
North Carolina's Unconstitutional Expansion Of An Ancient Maxim: Using Dwi Fatalities To Satisfy First-Degree Felony Murder, Graham T. Stiles
North Carolina's Unconstitutional Expansion Of An Ancient Maxim: Using Dwi Fatalities To Satisfy First-Degree Felony Murder, Graham T. Stiles
Campbell Law Review
This Comment argues that using a traffic fatality to satisfy the felony-murder rule is inappropriate. When the State prosecutes a DWI fatality under the felony murder rule, it diminishes the concept of an ancient doctrine. If it is the goal of the State to give life sentences or the death penalty for DWI fatalities, then it is the responsibility of the North Carolina General Assembly to enact a statute specifically dictating such punishment rather than the court judicially imposing the punishment through their interpretation of the felony-murder rule.
Drawing A Distinction Between Bootleg And Counterfeit Recordings And Implementing A Market Solution Towards Combating Music Piracy In Europe, Clifford A. Congo
Drawing A Distinction Between Bootleg And Counterfeit Recordings And Implementing A Market Solution Towards Combating Music Piracy In Europe, Clifford A. Congo
Penn State International Law Review (1982 - 2011)
No abstract provided.
Regulating The Market For Snitches, Ian Weinstein
Regulating The Market For Snitches, Ian Weinstein
Buffalo Law Review
No abstract provided.
Representing Defendants On Charges Of Economic Crime: Unethical When Done For A Fee, David Orentlicher
Representing Defendants On Charges Of Economic Crime: Unethical When Done For A Fee, David Orentlicher
Scholarly Works
No abstract provided.
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …
Pleading For Theft Consolidation In Virginia: Larceny, Embezzlement, False Pretenses And § 19.2-284, John Wesley Bartram
Pleading For Theft Consolidation In Virginia: Larceny, Embezzlement, False Pretenses And § 19.2-284, John Wesley Bartram
Washington and Lee Law Review
No abstract provided.
The Universal And The Particular In International Criminal Justice, Ruti Teitel
The Universal And The Particular In International Criminal Justice, Ruti Teitel
Articles & Chapters
No abstract provided.
Searching For The "Tail Of The Dog": Finding "Elements" Of Crimes In The Wake Of Mcmillan V. Pennsylvania, Richard G. Singer, Mark D. Knoll
Searching For The "Tail Of The Dog": Finding "Elements" Of Crimes In The Wake Of Mcmillan V. Pennsylvania, Richard G. Singer, Mark D. Knoll
Seattle University Law Review
Part II of this Article will examine the historical importance of punishment as a litmus test in the common law in finding the elements of an offense. In Part III, the historical approach used by federal courts when value or quantity was at issue will be analyzed in order to round out the pre-McMillan framework. Part IV will discuss the McMillan decision, as well as the post-McMillan regime. Part V will analyze Jones v. United States, the case now pending before the Court, in which the Court may have its last chance to correct the error of McMillan and …
Reasonable Expectations Of Privacy And Open Fields: Taking The American ‘Risk Analysis’ Head On, James Stribopoulos
Reasonable Expectations Of Privacy And Open Fields: Taking The American ‘Risk Analysis’ Head On, James Stribopoulos
Articles & Book Chapters
This article argues that the "open fields" doctrine should not be adopted in Canada as it is premised upon the perilous American "risk analysis" which the Supreme Court has previously rejected.
Airing The Dirty Laundry: The Application Of The United States Sentencing Guidelines To White Collar Money Laundering Offenses, Jonathan H. Hecht
Airing The Dirty Laundry: The Application Of The United States Sentencing Guidelines To White Collar Money Laundering Offenses, Jonathan H. Hecht
American University Law Review
No abstract provided.
Internal Displacement: Is Prevention Through Accountability Possible? A Kosovo Case Study, Carlyn M. Carey
Internal Displacement: Is Prevention Through Accountability Possible? A Kosovo Case Study, Carlyn M. Carey
American University Law Review
No abstract provided.
Revisiting Victim's Rights, Lynne N. Henderson
Revisiting Victim's Rights, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon
LLM Theses
This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …
The Independent Counsel Statute: A Legal History, Benjamin Priester
The Independent Counsel Statute: A Legal History, Benjamin Priester
Journal Publications
The independent counsel statute has been one of the most-if not the most-controversial federal laws of its time. A presence on the national stage for twenty years, it will expire on June 30, 1999, unless Congress affirmatively acts to save it. As the other articles in this issue of Law and Contemporary Problems attest, the statute's future seems bleak, perhaps even if substantial revisions are made. Numerous other sources also have heaped praise, criticism, and everything in between upon the statute. A law with so dark a beginning and so storied a political history may be doomed to extinction. Among …
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley
Scholarly Works
Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
Publications
No abstract provided.
Another Look At Evolving Standards: Will Decency Prevail Against Executing The Mentally Retarded?, Bryan Lester Dupler
Another Look At Evolving Standards: Will Decency Prevail Against Executing The Mentally Retarded?, Bryan Lester Dupler
Oklahoma Law Review
No abstract provided.
Criminal Law: "Am I My Brother's Keeper?" Sherrice's Law: A Balance Of American Notions Of Duty And Liberty, Justin T. King
Criminal Law: "Am I My Brother's Keeper?" Sherrice's Law: A Balance Of American Notions Of Duty And Liberty, Justin T. King
Oklahoma Law Review
No abstract provided.
The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin
The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin
University of Richmond Law Review
"An argument broke out between [Kevin] and Stacey in the 500 block of Louden Avenue. Stacey got smacked and then ran into Wildwood Parkway. Me, [Kevin], and a few other guys ran after Stacey .... We beat Stacey up."
Abrogating The Exclusionary Rule Outside Of The Criminal Trial Context? Pennsylvania Board Of Probation & Parole V. Scott: One Step Closer To A Per Se Rule In Fourth Amendment Jurisprudence, Richard F. Dzubin
University of Richmond Law Review
As citizens of the United States, most of us would abhor warrantless police intrusion into our homes. The Fourth Amendment protects all citizens against unreasonable searches and seizures. When unaccompanied by a valid search warrant, a search of a residence is presumptively unreasonable. Thus, the law proscribes overly-aggressive investigatory methods that trammel the rights of American citizens. What happens, however, when the protected right belongs to a paroled felon suspected of violating the conditions of his parole? In Pennsylvania Board of Probation & Parole v. Scott, the United States Supreme Court refused to extend to parolees the remedies which are …
The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein
The Constitutionalization Of Ineffective Assistance Of Counsel, Richard Klein
Scholarly Works
No abstract provided.
Identification Of The Unknown Soldier And The Fight For The Right To Anonymity: The Human Genome Project And Implications Of A National Dna Database, Kelly S. Erbes
Cleveland State Law Review
The focus of this writing is the use of DNA for identification purposes and the issues that arise when genetic traits and/or predisposition to physical or mental conditions are linked to the individual specifically, along with the implications of a national DNA database as a system of identification. It has become the general rule that it is not an unreasonable invasion of privacy to take DNA for the purpose of identifying criminal offenders through a DNA database. This writing will examine the potential for nonconsensual inclusion of nearly everyone into such a system, as well as the ramifications in the …
Appellate Review Under The New Felony Sentencing Guidelines: Where Do We Stand , Mark P. Painter
Appellate Review Under The New Felony Sentencing Guidelines: Where Do We Stand , Mark P. Painter
Cleveland State Law Review
Now that it has been more than four years since Senate Bill 2 became effective, this is a good time to analyze the cases to see where courts stand in their interpretations of the guidelines. This article will review the case law and show how different courts have dealt with the legislation. My analysis concentrates on one aspect of the guidelines in particular: the standard of review that appeals courts have used to determine the propriety of sentences. To illustrate my points, I focus on the issue of when judges can impose maximum prison sentences under the guidelines, one of …
One Strike And You're Out: "Double-Counting" And Dual Use Undermines The Purpose Of California's Three Strikes Law, Shannon Thorne
One Strike And You're Out: "Double-Counting" And Dual Use Undermines The Purpose Of California's Three Strikes Law, Shannon Thorne
University of San Francisco Law Review
No abstract provided.