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Criminal Law Commons

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2000

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Institution
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Articles 91 - 120 of 277

Full-Text Articles in Criminal Law

A Study In "Actuarial Justice": Sex Offender Classification Practice And Procedure, Wayne A. Logan Jan 2000

A Study In "Actuarial Justice": Sex Offender Classification Practice And Procedure, Wayne A. Logan

Scholarly Publications

No abstract provided.


The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan Jan 2000

The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan

Faculty Articles and Other Publications

International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …


Rico And The Legislative Supremacy Approach To Federal Criminal Lawmaking, Brian Slocum Jan 2000

Rico And The Legislative Supremacy Approach To Federal Criminal Lawmaking, Brian Slocum

Loyola University Chicago Law Journal

No abstract provided.


Putting Hate In Its Place: The Codification Of Bias Crime Statutes In A Modern Penal Code, Anthony M. Dillof Jan 2000

Putting Hate In Its Place: The Codification Of Bias Crime Statutes In A Modern Penal Code, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.


Filling In The Silence: Domestic Violence, Literature And Law, Elizabeth Williers Gemmette Jan 2000

Filling In The Silence: Domestic Violence, Literature And Law, Elizabeth Williers Gemmette

Loyola University Chicago Law Journal

No abstract provided.


The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl Jan 2000

The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl

War Crimes Memoranda

No abstract provided.


Filling In Some Pieces: The Supreme Court’S Criminal Law Decisions In The 1998-1999 Term, William E. Hellerstein Jan 2000

Filling In Some Pieces: The Supreme Court’S Criminal Law Decisions In The 1998-1999 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor Jan 2000

Vehicle Searches – The Automobile Exception: The Constitutional Ride From Carroll V. United States To Wyoming V. Houghton, Martin L. O'Connor

Touro Law Review

No abstract provided.


Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons Jan 2000

Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons

Florida State University Journal of Transnational Law & Policy

No abstract provided.


International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl Jan 2000

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

Scholarly Articles

The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …


Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl Jan 2000

Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl

Scholarly Articles

Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …


Combating Impunity For International Crimes, M. Bassiouni Jan 2000

Combating Impunity For International Crimes, M. Bassiouni

College of Law Faculty

No abstract provided.


No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel Jan 2000

No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel

Sturm College of Law: Faculty Scholarship

For Canadian Aboriginal women, domestic violence is pervasive. A report by the Ontario Native Women’s Association indicates that eighty percent of Aboriginal women surveyed had personally experienced family violence. In this context, Rashmi Goel looks at the use of sentencing circles to respond to wrongdoing by Aboriginal people. Current Aboriginal justice initiatives emphasize a return to traditional values and processes, manifested in one way in the sentencing circle. Yet, states Goel, such initiatives fail to restore Aboriginal women to their honored place. Contemporary Canadian sentencing circles exemplify this problem; they further injure victims in several respects. Hence, Goel argues that …


Meaning And Motive In The Law Of Homicide (Reviewing Samuel H. Pillsbury, Judging Evil: Rethinking The Law Of Murder And Manslaughter), Guyora Binder Jan 2000

Meaning And Motive In The Law Of Homicide (Reviewing Samuel H. Pillsbury, Judging Evil: Rethinking The Law Of Murder And Manslaughter), Guyora Binder

Book Reviews

Many criminal law scholars have criticized the Model Penal Code’s restrictive conception of culpability as awareness of risk, and have sought to incorporate motives and desires into culpoability analysis. In his excellent book Judging Evil, Samuel Pillsbury has applied this richer conception of culpability to homicide law. The result is a comprehensive theory of homicide liability, unified by an effort to predicate liability on deficient moral reasoning rather than merely awareness of risk. This review essay explicates and commends Pillsbury’s theory but also criticizes one crucial deficiency. Pillsbury shrinks from one of the most obvious but potentially most controversial implications …


Forgiveness And Public Trust, Linda Ross Meyer Jan 2000

Forgiveness And Public Trust, Linda Ross Meyer

Fordham Urban Law Journal

A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.


Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr. Jan 2000

Is There A Place For Forgiveness In The Justice System?, Everett L. Worthington, Jr.

Fordham Urban Law Journal

This article discusses the role of forgiveness in the criminal justice system, and explores related concepts of empathy, restorative justice, and truth and reconciliation.


Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar Jan 2000

Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.


A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri Jan 2000

A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri

Michigan Journal of Gender & Law

To adequately explain and argue why feminists, as a matter of legal theory, must take both the BWS and cultural defenses seriously, these defenses need further elaboration. Section I details what these defenses are, how they developed, and how they work in the justice system. Section II enlarges the picture by revealing the similarities between the two defenses which share not only the same theoretical and practical goals, but also the same criticisms and flaws highlighted by scholars. Finally, Section III asserts that cultural evidence and evidence of battering must be admitted to show the absence of mens rea. However, …


They Dropped The Ball: The Failure Of The Nevada Supreme Court To Consider The Impact Of The Iccpr's Ban On Capital Punishment For Juvenile Offenders In Domingues V. State, Lisa A. Blythe Jan 2000

They Dropped The Ball: The Failure Of The Nevada Supreme Court To Consider The Impact Of The Iccpr's Ban On Capital Punishment For Juvenile Offenders In Domingues V. State, Lisa A. Blythe

Penn State International Law Review (1982 - 2011)

No abstract provided.


A Global Court? U.S. Objections To The International Criminal Court And Obstacles To Ratification, Teresa Young Reeves Jan 2000

A Global Court? U.S. Objections To The International Criminal Court And Obstacles To Ratification, Teresa Young Reeves

Human Rights Brief

No abstract provided.


News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh Jan 2000

News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh

Human Rights Brief

No abstract provided.


What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton Jan 2000

What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

For the purpose of this article, the relevance of my experience as a criminal defense attorney is this: if ever one might expect to find a prosecutor inclined to err on the side of fairness of process and protecting the rights of defendants, it ought to be me. Also, for more than twenty years, I have been something of a professional ethicist--as research fellow, teacher, staff member of an ethics center, chair and/or member of several institutional review boards, pro bono trial counsel to a disciplinary committee, ethics consultant, and expert witness--and, therefore, one might think, especially susceptible to the …


Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator) Jan 2000

Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.


Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar Jan 2000

Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.


Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla Jan 2000

Forgiveness As A Problem-Solving Tool In The Courts: A Brief Response To The Panel On Forgiveness In Criminal Law, Derek A. Denckla

Fordham Urban Law Journal

This article is a response to Panel on Forgiveness in Criminal Law, and attempts to answer the following questions: Is there room for forgiveness in the criminal courts? If so, how does forgiveness manifest itself there? The article explores this issue in terms of the opportunities for forgiveness provided by "problem-solving" courts.


Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle Jan 2000

Forgiveness In Psychology And Law: The Meeting Of Moral Development And Restorative Justice, Robert D. Enright, Bruce A. Kittle

Fordham Urban Law Journal

This article discusses the psychological meaning of forgiveness and its relation to the criminal justice system. Includes a discussion of the four phases of the development progression of forgiveness.


Restorative Justice And The Prosecutor, Frederick W. Gay Jan 2000

Restorative Justice And The Prosecutor, Frederick W. Gay

Fordham Urban Law Journal

A discussion of restorative justice and its relation to prosecutorial discretion. The article gives examples of the restorative alternatives to traditional criminal punishment and argues that such alternatives are an effective means of providing justice.


Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine Jan 2000

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.


Forgiveness And The Law, Martha Minow Jan 2000

Forgiveness And The Law, Martha Minow

Fordham Urban Law Journal

A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions


Forgiveness And Public Trust, Linda Ross Meyer Jan 2000

Forgiveness And Public Trust, Linda Ross Meyer

Fordham Urban Law Journal

A discussion of forgiveness and its relation to the community as a whole. The author argues that forgiveness is not merely personal, emotional, nor private, but rather that forgiveness grounds the basic trust which binds the community together.