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Criminal Law Commons™

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2001

Discipline
Institution
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Publication
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Articles 241 - 255 of 255

Full-Text Articles in Criminal Law

Defining Proof Beyond A Reasonable Doubt For The Criminal Jury: The Third Circuit Accepts An Invitation To Tolerate Constitutionally Inadequate Phraseology, Melissa Corwin Jan 2001

Defining Proof Beyond A Reasonable Doubt For The Criminal Jury: The Third Circuit Accepts An Invitation To Tolerate Constitutionally Inadequate Phraseology, Melissa Corwin

Villanova Law Review (1956 - )

No abstract provided.

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Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks Jan 2001

Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

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Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza Jan 2001

Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

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Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague Jan 2001

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than …

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When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr. Jan 2001

When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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Synthesis In Trial Procedures? The Experience Of The International Criminal Tribunals, Mark Findlay Jan 2001

Synthesis In Trial Procedures? The Experience Of The International Criminal Tribunals, Mark Findlay

Research Collection Yong Pung How School Of Law

Critical to analysing the recent synthesis of criminal trialprocedures is an understanding of the internationalisation of criminal law andprocedure. As well as the creation of international tribunals to investigateand try crimes of world significance, there is emerging an internationaljurisprudence on criminal law (and procedural hybrids to support and developthis) which require integrated analysis.

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Lawyers For The Abused And Lawyers For The Accused: An Interfaith Marriage, Abbe Smith, Ilene Seidman Jan 2001

Lawyers For The Abused And Lawyers For The Accused: An Interfaith Marriage, Abbe Smith, Ilene Seidman

Georgetown Law Faculty Publications and Other Works

In this article, we will explore what unites lawyers for the abused and lawyers for the accused. In Part II, we will discuss our connection as poverty lawyers concerned about the dignity of individual clients. In Part III, we will discuss our shared commitment to the adversarial system, legal process, and access to justice. In Part IV, we will address the challenge of teaching students who represent victims or perpetrators to be zealous and devoted advocates - but also to care about social and legal injustice on both sides.

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As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole Jan 2001

As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …

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Formalism, Realism, And The War On Drugs, David Cole Jan 2001

Formalism, Realism, And The War On Drugs, David Cole

Georgetown Law Faculty Publications and Other Works

One of the ways our legal system has avoided confronting this ugly reality is through a commitment to legal formalism. Legal formalism allows us to ignore the social determinants that my AUSA friend saw every day as he prosecuted federal drug cases. As my colleague Professor Michael Seidman has suggested, legal formalism, which has been effectively critiqued and displaced by legal realism in many other areas of law, continues to exercise considerable influence over the way we think about criminal law. This formalist approach, in my view, has strongly affected the way we approach the drug problem. One consequence is …

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Guns, Crime, And Punishment In America, Bernard E. Harcourt Jan 2001

Guns, Crime, And Punishment In America, Bernard E. Harcourt

Faculty Scholarship

There are over 200 million firearms in private hands in the United States, more than a third of which are handguns. In 1993 alone, it is estimated that 1.3 million victims of serious violent crime faced an offender with a gun. In 1999, there were approximately 563,000 such victims. Estimates of defensive uses of firearms – situations where individuals used a gun to protect themselves, someone else, or their property – range from 65,000 to 2.5 million per year. Punishments for crimes committed with a firearm are severe: under the federal firearms enhancement statute, the mandatory minimum sentence for use …

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Handling Cases Of Willful Exposure Through Hiv Partner Counseling And Referral Services, Lawrence O. Gostin, James G. Hodge Jr. Jan 2001

Handling Cases Of Willful Exposure Through Hiv Partner Counseling And Referral Services, Lawrence O. Gostin, James G. Hodge Jr.

Georgetown Law Faculty Publications and Other Works

Cases of willful exposure reveal the existing and future risks to the public health (especially women) which may be presented by individuals who willfully expose others to HIV through unsafe sexual or needle-sharing behaviors. In response to a documented case of willful exposure, a PCRS counselor or other public health official may, in his or her professional judgment, decide to act to avert a legitimate public health threat to known or unknown persons in the community. Yet handling such cases raises difficult issues in law, ethics, and public health practice. Public health authorities may be unable or ill-equipped to successfully …

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Allocution For Victims Of Economic Crimes, Jayne W. Barnard Jan 2001

Allocution For Victims Of Economic Crimes, Jayne W. Barnard

Faculty Publications

No abstract provided.

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International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs Jan 2001

International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs

Faculty Publications

No abstract provided.

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The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy Jan 2001

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.

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Examining The Role Of Increased Penalties On Tax Advisers In Improving Tax Compliance Under The Self-Assessment System, K. Sandra Segaran Karuppiah Jan 2001

Examining The Role Of Increased Penalties On Tax Advisers In Improving Tax Compliance Under The Self-Assessment System, K. Sandra Segaran Karuppiah

Student Works (2000-2009)

This study is motivated by a recent amendment to the Income Tax Act, 1967 as part of the tax reform under the Self-Assessment System. Section 114 (1A) now imposes criminal sanctions against those who are negligent in advising and assisting in income tax returns which result in an understatement of tax liability if they do not exercise reasonable care. This study empirically examines the perception of tax agents on the introduction of section 114 (1A) in relation to their understanding and perception of the concept of reasonable care. It further examines perceptions with regards to the fairness of this provision; …

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