Criminal Law Commons^™

Panel Discussion: The Expanding Prosecutorial Role From Trial Counsel To Investigator And Administrator

Fordham Urban Law Journal

MODERATOR: Daniel C. Richman PANELISTS: Laurie L. Levenson, GerardE. Lynch, Honorable John S. Martin, Jr., Julie R. O'Sullivan, Mary Lee Warren, Mary Jo White

Panel Discussion: The Federal Prosecutor's Role In The Regulatory Process

Fordham Urban Law Journal

MODERATOR: CharlesM. Carberry PANELISTS: Honorable John S. Martin, Jr., Robert B. Fiske, Jr., Mary Ellen Krist, Ronald K. Noble, Honorable Jed S. Rakoff, Mary Spearing

Panel Discussion: The Regulation And Ethical Responsibilities Of Federal Prosecutors

Fordham Urban Law Journal

MODERATOR: Bruce A. Green PANELISTS: John Q. Barrett, Michael R. Bromwich, Rory K. Little, Mark F. Pomerantz, Robert E. Precht

International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone

Cleveland State Law Review

The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national …

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …

Bargaining For Testimony: Bias Of Witnesses Who Testify In Exchange For Leniency , Spencer Martinez

Cleveland State Law Review

This note explores the risk that a criminal witness will lie on the stand when he testifies pursuant to a cooperation agreement. Section II is a history of cooperation agreements and how the permissible scope of such agreements has been curbed in the interests of defendants' rights. Section III examines the practice as it exists today, and how, in spite of the risk of perjury, state and federal prosecutors are being given increasing discretion in drafting cooperation agreements. In section IV, the "safeguards" available to the defendant which test the veracity of allegedly-biased testimony are discussed. The conclusion is that …

Be Careful What You Wish For: An Examination Of Arrest And Prosecution Patterns Of Domestic Violence Cases In Two Cities In Michigan, Andrea D. Lyon

Michigan Journal of Gender & Law

This Article will examine six months of data on arrests for domestic violence in the cities of Ypsilanti and Ann Arbor. In order to be able to interpret what the data means Lyon did some other research. The results were surprising- for example, although women tend to be injured most severely by domestic violence, they use violence in intimate relationships a little more often than men. Part I of this Article traces a brief history of domestic violence and discusses the issue of who commits domestic violence, Part II discusses the "must arrest" and "should arrest" policies and their history, …

Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos

Seattle University Law Review

This Note argues that the Ninth Circuit was wrong. The registration and notification provisions operate to constructively restrain the liberty of a convicted sex offender and, therefore, Mr. Williamson is "in custody" for purposes of habeas corpus relief. To support this proposition, this Note will first discuss the federal statute pertaining to habeas corpus and review the case law interpreting the jurisdictional requirement that the petitioner be "in custody"; second, review and discuss Washington State's sex offender registration and notification statutes; and finally, analyze the relevant statute and analogous case law in the context of Washington's sex offender laws in …

Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood

Animal Law Review

The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or menial health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal …

The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Give Me Your Tired, Your Poor, Your Collaterally Estopped Masses - Guilty Pleas And Collateral Estoppel Of Alienage In Criminal Proceedings: United States V. Gallardo-Mendez, Michael P. Daly

Villanova Law Review (1956 - )

No abstract provided.

When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith

UIC Law Review

No abstract provided.

Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande

UIC Law Review

No abstract provided.

Plea Bargaining Under The Rwandan Statute And Rules Of Evidence And Procedure, Sohan S. Desai

War Crimes Memoranda

No abstract provided.

The Federal Death Penalty: History And Some Thoughts About The Department Of Justice's Role, Rory K. Little

Faculty Scholarship

No abstract provided.

The State Of Severity, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Speaking Of Purposes, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

An Ideological Approach To Excuse In Criminal Law, John L. Diamond

Faculty Scholarship

No abstract provided.

Manslaughter And Other Homicides, Paul C. Giannelli

Faculty Publications

No abstract provided.

Murder And Aggravated Murder, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Prison Litigation Reform Act: Striking The Balance Between Law And Order, Peter Hobart

Villanova Law Review (1956 - )

No abstract provided.

The Juvenile Justice Counterrevolution: Responding To Cognitive Dissonance In The Law's View Of The Decision-Making Capacity Of Minors, 48 Emory L. J. 65 (1999), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Confusion Of Causes And Reasons In Forensic Psychology: Deconstructing Mens Rea And Other Mental Events, 33 U. Rich. L. Rev. 107 (1999), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.

American Indians And Crime, Bureau Of Justice Statistics, U.S. Department Of Justice, L.A. Greenfeld, S. Smith

Native Health Database Full Text

This report represents a compilation and new analysis of data on the effects and consequences of violent crime among American Indians. The report uses data from a wide variety of sources, including statistical series maintained by the Bureau of Justice Statistics (BJS), the FBI, and the Bureau of the Census. Data are reported from American Indian crime victims on how they were affected by the victimization and about who victimized them. The report also includes the first BJS estimates of the total number of American Indians under the custody or supervision of the justice system.

Annual Survey Of Virginia Law: Criminal Law, Carolyn V. Grady, Jennifer M. Newman

University of Richmond Law Review

This article summarizes most published criminal law decisions of the Supreme Court of Virginia and the Virginia Court ofAppeals sitting en banc, issued between July 1, 1998 and July 1, 1999. This article also includes selected published panel opinions oftheVirginia Court of Appeals and a summary of the most significant criminal law enactments from the 1999 session of the Virginia General Assembly.

The Place Of Victims In The Theory Of Retribution, George P. Fletcher

Faculty Scholarship

Remarkably, the theory of criminal law has developed without paying much attention to the place of victims in the analysis of responsibility or in the rationale for punishment. You can read a first-rate book like Michael Moore's recent Placing Blame and not find a single reference to the relevance of victims in imposing liability and punishment. In the last several decades we have witnessed notable strides toward attending to the rights and interests of crime victims, but these concerns have yet to intrude upon the discussion of the central issues of wrongdoing, blame, and punishment.

Admittedly, victims and their sentiments …

Disenfranchisement As Punishment: Reflections On The Racial Uses Of Infamia, George P. Fletcher

Faculty Scholarship

The practice of disenfranchising felons, though decreasing, is still widespread. In this Article, Professor George Fletcher reflects on the use of disenfranchisement as punishment, the lack of a convincing theoretical justification for it, and its disproportionate impact on the African.American community. Fletcher presents a number of powerful arguments against the constitutionality of the practice, but he emphasizes that there is a deeper problem with disenfranchisement as punishment: It reinforces the branding of felons as an "untouchable" class and thus helps to prevent their effective reintegration into our society.

Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." The predominant interpetation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of …

Can The Legal System Use Experts On Meaning?, Lawrence Solan

Faculty Scholarship

No abstract provided.

An Analysis Of Rule 11 Plea Bargain Options, S. Crincoli (Sigman)

Scholarly Works

No abstract provided.