Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (71)
- International Law (35)
- Social and Behavioral Sciences (35)
- Legal Studies (30)
- Sociology (30)
-
- Criminology and Criminal Justice (29)
- Criminology (28)
- Constitutional Law (27)
- Human Rights Law (18)
- Courts (17)
- Evidence (16)
- Law Enforcement and Corrections (15)
- Legislation (13)
- Jurisprudence (9)
- Law and Society (9)
- Comparative and Foreign Law (8)
- Law and Gender (8)
- Other Law (8)
- Computer Law (7)
- Fourth Amendment (7)
- State and Local Government Law (7)
- Jurisdiction (6)
- Legal Ethics and Professional Responsibility (6)
- Family Law (5)
- Juvenile Law (5)
- Law and Politics (5)
- Military, War, and Peace (5)
- Sexuality and the Law (5)
- Institution
-
- Northwestern Pritzker School of Law (28)
- Cleveland State University (16)
- Georgetown University Law Center (14)
- Case Western Reserve University School of Law (13)
- Yeshiva University, Cardozo School of Law (12)
-
- UIC School of Law (11)
- American University Washington College of Law (8)
- Duke Law (8)
- University of Michigan Law School (8)
- Cornell University Law School (7)
- University of Arkansas Little Rock (7)
- Vanderbilt University Law School (7)
- Columbia Law School (6)
- Maurer School of Law: Indiana University (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University of Richmond (6)
- William & Mary Law School (6)
- Brooklyn Law School (5)
- Embry-Riddle Aeronautical University (5)
- Pace University (4)
- Florida State University College of Law (3)
- Loyola University Chicago, School of Law (3)
- Penn State Dickinson Law (3)
- Singapore Management University (3)
- The Peter A. Allard School of Law (3)
- University at Buffalo School of Law (3)
- University of Missouri School of Law (3)
- Villanova University Charles Widger School of Law (3)
- Washington and Lee University School of Law (3)
- Brigham Young University Law School (2)
- Keyword
-
- Criminal law (20)
- Death penalty (12)
- Dr. Sam Sheppard (7)
- Capital punishment (6)
- CyberCrime (6)
-
- Criminal Law (5)
- Criminal procedure (5)
- Criminal Law and Procedure (4)
- Criminal Procedure (4)
- Fourth Amendment (4)
- Law (4)
- Privacy (4)
- Sentencing (4)
- Statistics (4)
- U.S. states (4)
- Capital punishment -- United States (3)
- Constitutional Law (3)
- Crimes (3)
- Criminal justice (3)
- International Criminal Tribunal (3)
- Judicial statistics (3)
- Law enforcement (3)
- Prosecutors (3)
- Search and seizure (3)
- Sentences (3)
- Sentences (Criminal procedure) -- United States (3)
- Terrorism (3)
- Abused Women (2)
- Apprendi (2)
- Arizona Law Review (2)
- Publication
-
- Journal of Criminal Law and Criminology (28)
- Faculty Scholarship (22)
- Cleveland State Law Review (15)
- Georgetown Law Faculty Publications and Other Works (14)
- War Crimes Memoranda (12)
-
- UIC Law Review (9)
- Cornell Law Faculty Publications (7)
- Faculty Publications (7)
- Scholarly Works (7)
- Duke Law & Technology Review (6)
- Michigan Law Review (6)
- Cardozo Law Review (5)
- International Bulletin of Political Psychology (5)
- All Faculty Scholarship (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- The Journal of Appellate Practice and Process (4)
- Vanderbilt Law School Faculty Publications (4)
- All Faculty Publications (3)
- Articles by Maurer Faculty (3)
- Cardozo Journal of International and Comparative Law (3)
- Human Rights Brief (3)
- Indiana Law Journal (3)
- Journal Articles (3)
- Loyola University Chicago Law Journal (3)
- Research Collection Yong Pung How School Of Law (3)
- Scholarly Articles in Law Reviews & Journals (3)
- University of Arkansas at Little Rock Law Review (3)
- University of Richmond Law Review (3)
- Villanova Law Review (1956 - ) (3)
- Campbell Law Review (2)
- Publication Type
Articles 121 - 150 of 255
Full-Text Articles in Criminal Law
Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle
Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Why Miranda Does Not Prevent Confessions: Some Lessons From Albert Camus, Arthur Miller And Oprah Winfrey, 51 Syracuse L. Rev. 863 (2001), Timothy P. O'Neill
Why Miranda Does Not Prevent Confessions: Some Lessons From Albert Camus, Arthur Miller And Oprah Winfrey, 51 Syracuse L. Rev. 863 (2001), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
LLM Theses and Essays
Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
University of Richmond Law Review
The Fourth Amendment to the United States Constitution is "designed 'to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." The Amendment is currently interpreted as consisting of two separate clauses, the first generally prohibiting unreasonable searches and seizures, and the second requiring the establishment of probable cause prior to the issuance of a warrant. Hence, only those government searches and seizures requiring a warrant necessitate the establishment of probable cause, and all other searches and seizures simply need to be "reasonable."
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Sentencing Eddie, Gerard E. Lynch
Sentencing Eddie, Gerard E. Lynch
Faculty Scholarship
The mandatory minimum sentences attached to federal narcotics violations have come in for plenty of criticism. The United States Sentencing Commission in 1991 submitted a lengthy report critical of the mandatory minimum provisions. A political protest organization, Families Against Mandatory Minimums, has been formed, and has gotten some media attention. Newspaper columnists,professional commentators, judges, and academics, have criticized the statutes. Amidst the controversy over President Clinton's last-minute pardons of various offenders, his pardons of a number of marginal defendants sentenced to lengthy terms under these statutes have drawn little or no objection. Even Chief Justice Rehnquist, a strong voice for …
The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii
The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii
Faculty Publications
This Article has four parts. First, it describes the general structure of the Federal Sentencing Guidelines and the approach to sentencing economic crimes in effect between 1987 and 2001. Second, it outlines the defects in the former economic crime guidelines that led to the call for reform. Third, it describes the process undertaken by the Sentencing Commission that led to the passage of the 2001 economic crime amendments and, in so doing, provides a roadmap to sources of legislative history. Fourth, it explains and analyzes the new guidelines in light of their legislative history, with primary emphasis on the consolidated …
'The Question Is Which Is To Be Master - That's All': Cunningham, Claiborne, Rita And The Sixth Amendment Muddle, Frank O. Bowman Iii
'The Question Is Which Is To Be Master - That's All': Cunningham, Claiborne, Rita And The Sixth Amendment Muddle, Frank O. Bowman Iii
Faculty Publications
Three things are clear from the Supreme Court's opinion in Cunningham v. California, in which the Court struck down California's sentencing law as violative of the Sixth Amendment, and from the briefs in the pending cases involving post-Booker federal sentencing, Claiborne v. United States and Rita v. United States. First, the Supreme Court has plunged Sixth Amendment sentencing law deep down the rabbit hole. Second, both the government and petitioners in Claiborne and Rita have adopted indefensible positions. Third, neither the parties nor the amici in Rita and Claiborne have offered the Court any real help in crafting a sensible …
Matter Of Roldan: Expungement Of Conviction And The Role Of The States In Immigration Matters, Nathalie A. Bleuze
Matter Of Roldan: Expungement Of Conviction And The Role Of The States In Immigration Matters, Nathalie A. Bleuze
University of Colorado Law Review
No abstract provided.
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Scholarly Articles
Although extraterritorial trials for human rights abusers certainly achieve some justice, this Article posits -- through a case-study of post-genocide Rwanda -- that the effects of such trials are circumscribed by the fact they may have little meaning among perpetrators and victims in post-conflict societies. This limited meaning particularly attaches to trials conducted extraterritorially through international tribunals as well as trials conducted in foreign national courts through the exercise of what loosely is called "universal jurisdiction." This circumscribed meaning results in these trials' having limited deterrence effects, although they may go some way to satisfying the deontological need to punish …
The Prosecutor's Duty To Truth, Bennett L. Gershman
The Prosecutor's Duty To Truth, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article discusses the prosecutor's duty to refrain from conduct that impedes the search for truth. A prosecutor may impede the truth-finding process in several ways: (1) distorting the truth by attacking the defendant's character, misleading and misrepresenting facts, and engaging in inflammatory conduct; (2) subverting the truth by making false statements and presenting false evidence; (3) suppressing the truth by failing to disclose potentially truth-enhancing evidence or obstructing defense access to potentially truth-enhancing evidence; and (4) other truth-disserving conduct that exploits defense counsel's misconduct and mistakes and prevents introduction of potentially truth-serving defenses. Part I also …
An Open Letter To Governor George Ryan Concerning How To Fix The Death Penalty System, David Mccord
An Open Letter To Governor George Ryan Concerning How To Fix The Death Penalty System, David Mccord
Loyola University Chicago Law Journal
No abstract provided.
Muzzling Death Row Inmates: Applying The First Amendment To Regulations That Restrict A Condemned Prisoner's Last Words, Kevin F. O'Neill
Muzzling Death Row Inmates: Applying The First Amendment To Regulations That Restrict A Condemned Prisoner's Last Words, Kevin F. O'Neill
Law Faculty Articles and Essays
This Article asserts that the privilege to deliver a last dying speech— uttered in the presence of, and made audible to, the assembled witnesses in the moments just before one's execution—is a First Amendment right, and that prison policies departing from its traditional exercise are unconstitutional. After canvassing the state prison policies that govern last words, this Article will recount the long historical tradition surrounding their utterance—a history that reveals the extraordinary degree to which Anglo-American governments have honored the privilege.Next, this Article will draw a parallel between the right to utter one's last words and the well-established right of …
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Cleveland State Law Review
Part I of this Note will review a recent Colorado case involving the interrogation of a juvenile prisoner and the application of the additional-restraint factors within a totality-of-the-circumstances analysis. Part II will analyze how the decision in the Colorado case and the additional-restraint factors comport with the meaning of "custody" as set forth in U.S. courts' jurisprudence on custodial interrogations. Part III will propose that juvenile prisoners should be presumed in custody for Miranda purposes absent exceptional circumstances. It then will present the justification for this presumption, including a discussion of the solicitude normally provided to juveniles in the criminal …
Struck By The Falling Bullet: The Continuing Need For Definitive Standards In Media Coveage Of Criminal Proceedings, John A. Walton
Struck By The Falling Bullet: The Continuing Need For Definitive Standards In Media Coveage Of Criminal Proceedings, John A. Walton
Cleveland State Law Review
When I look at the impact of the media coverage on the Sheppard trial with hindsight, I view that type of media circus as similar to firing a gun into the air. Similarly, in most cases, media coverage of a crime generates some attention but does not impede the administration of justice. Media coverage of criminal court proceedings has no definite standards and parameters. It is difficult to predict when that coverage will expand into a media circus and even more difficult to know, prospectively, what impact the circus will have on the defendant's trial. When I was visiting the …
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Cleveland State Law Review
This article considers the question: "What are the legal and ethical responsibilities of attorneys when offering scientific expert evidence to courts?" To a lesser extent it considers the responsibilities of attorneys to challenge such evidence when proffered and the ethical dimensions of the working relationship of lawyers and experts. Although the most prominent discussions of such issues have concerned so-called junk science in civil trials, the legal context upon which this article will focus is the criminal trial, where dubious science is more common, less questioned, and has even become institutionalized. The rules and practices of civil cases are provided …
The Problem With Innocence, Margaret Raymond
The Problem With Innocence, Margaret Raymond
Cleveland State Law Review
Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence movement may have unintended consequences for the criminal justice system. This paper explores some of these, and argues that the focus on factual innocence may create certain distortions in the way that actors in the criminal justice system---the "ones left behind"--perceive their obligations and allegiances. It may convince the public, including policymakers, that the system works effectively to reveal and redress wrongful convictions. It may convince prospective jurors that it is-or should be-the defendant's burden to prove innocence. It may convince potential criminal defense clients that …
Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs
Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs
UF Law Faculty Publications
This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Articles by Maurer Faculty
No abstract provided.
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
All Faculty Scholarship
This chapter assesses criminal law and enforcement in Russia. It addresses the history of the Russian criminal justice system and its reform, as well as Russia’s criminal procedure and substantive criminal law.
Book Review. Hate Crimes: Criminal Law And Identity Politics By James Jacobs And Kimberly Potter, Jeannine Bell
Book Review. Hate Crimes: Criminal Law And Identity Politics By James Jacobs And Kimberly Potter, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Lethal Elections: Gubernatorial Politics And The Timing Of Executions, Jeffrey D. Kubik, John R. Moran
Lethal Elections: Gubernatorial Politics And The Timing Of Executions, Jeffrey D. Kubik, John R. Moran
Center for Policy Research
We document the existence of a gubernatorial election cycle in state executions, suggesting that election year political considerations play a role in determining the timing of executions. Our analysis indicates that states are approximately 25 percent more likely to conduct executions in gubernatorial election years than in other years. We also find that elections have a larger effect on the probability that an African American defendant will be executed in a given year than on the probability that a white defendant will be executed, and that the overall effect of elections is largest in the South. These findings raise concerns …
Fourth Amendment Privacy Interests, William C. Heffernan
Fourth Amendment Privacy Interests, William C. Heffernan
Journal of Criminal Law and Criminology
No abstract provided.
The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson
The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson
Journal of Criminal Law and Criminology
No abstract provided.
Forecasting Sexual Abuse In Prison: The Prison Subculture Of Masculinity As A Backdrop For Deliberate Indifference, Christopher D. Man, John P. Cronan
Forecasting Sexual Abuse In Prison: The Prison Subculture Of Masculinity As A Backdrop For Deliberate Indifference, Christopher D. Man, John P. Cronan
Journal of Criminal Law and Criminology
No abstract provided.
Commonsense Theory Of Deterrence And The Ideology Of Science: The New York State Death Penalty Debate, James M. Galliher, John F. Galliher
Commonsense Theory Of Deterrence And The Ideology Of Science: The New York State Death Penalty Debate, James M. Galliher, John F. Galliher
Journal of Criminal Law and Criminology
No abstract provided.
A Change Of Heart Or A Change Of Law - Withdrawing A Guilty Plea Under Federal Rule Of Criminal Procedure 32(E), Kirke D. Weaver
A Change Of Heart Or A Change Of Law - Withdrawing A Guilty Plea Under Federal Rule Of Criminal Procedure 32(E), Kirke D. Weaver
Journal of Criminal Law and Criminology
No abstract provided.
Crimes Without Punishment: White Neighbors' Resistance To Black Entry, Leonard S. Rubinowitz, Imani Perry
Crimes Without Punishment: White Neighbors' Resistance To Black Entry, Leonard S. Rubinowitz, Imani Perry
Journal of Criminal Law and Criminology
No abstract provided.