Criminal Law Commons^™

Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde

Duke Law & Technology Review

Billions of securities are traded every day in public and private markets around the world. This practice is hundreds of years old and as long as securities have been traded, someone has tried to defraud the system to make a quick buck. With the advent of the Internet, new securities fraud schemes have appeared.

Har-Shefi V. State Of Israel, Mishael Cheshin, Jacob Turkel, Eliezer Rivlin

Translated Opinions

Facts: The appellant Margalit Har-Shefi was tried before the Magistrate’s Court in Tel-Aviv-Jaffa and convicted of the offense of neglect to prevent a felony (and of another offense, of which she was acquitted).  It was held that although the appellant knew that a man named Yigal Amir was plotting to murder the Prime Minister of Israel, Yitzhak Rabin, she did not take reasonable means to prevent the commission of the felony.  The conviction was appealed to the District Court and the appeal was upheld by a majority of judges.  Leave was given to appeal the District’s Court’s decision.  The appellant …

Dialectics And Domestic Abuse, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Conjunction And Aggregation, Saul Levmore

Michigan Law Review

This Article begins with the puzzle of why the law avoids the issue of conjunctive probability. Mathematically inclined observers might, for example, employ the "product rule," multiplying the probabilities associated with several events or requirements in order to assess a combined likelihood, but judges and lawyers seem otherwise inclined. Courts and statutes might be explicit about the manner in which multiple requirements should be combined, but they are not. Thus, it is often unclear whether a factfinder should assess if condition A was more likely than not to be present - and then go on to see whether condition B …

Walking The Edge Of Death: An Annotated Bibliography On Juveniles, The Mentally Ill, And The Death Penalty, Susan M. Boland

Law Librarian Articles and Other Publications

The death penalty is not as monolithic as it seems at first glance. A storm of debate has centered on the application of this, the harshest criminal penalty of all, to the mentally ill, mentally retarded, and juveniles. They are our most vulnerable and least culpable citizens. This bibliography consists of annotated references to periodical articles, books, Web sites, and Supreme Court cases that examine the application of the death penalty to juveniles, the mentally ill, and the mentally retarded. It does not include newspaper articles, popular magazines, Web sites that offer no substantive content, or materials that are unobtainable …

Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), Andrea Lyon

Law Faculty Publications

No abstract provided.

The Shadow Criminal Law Of Municipal Governance, Wayne A. Logan

Scholarly Publications

Although it often escapes attention, municipal governments possess significant authority to enact criminal laws consistent with their expansive home rule and police powers. In this article, Professor Logan explores the numerous ways in which this authority manifests, and reflects upon, several of the main concerns presented by the "shadow criminal law" thereby created. These concerns include the negative practical consequences for individuals and entire communities associated with the proliferation of criminal laws, in which municipalities play a significant part; the specter that such governments will indulge punitive or parochial tendencies; and the pitfalls associated with intra-state diversification of the criminal …

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

Scholarly Articles

Two international criminal tribunals are developing and remaking much of international humanitarian law—the law of genocide, crimes against humanity, and war crimes. These are the International Criminal Tribunal for the Former Yugoslavia (“ICTY”)and the International Criminal Tribunal for Rwanda (“ICTR”).

For the first time, appellate practice and procedure have become vital to the development of international humanitarian law. These two ad hoc Tribunals have substantial appellate as well as trial jurisdiction. In this, they are quite different from their historic predecessors, the International Military Tribunals at Nuremberg and Tokyo following World War II, which had no appellate jurisdiction or appellate …

Negotiating An Institution For The Twenty-First Century: Multilateral Diplomacy And The International Criminal Court, Valerie Oosterveld

Law Publications

The authors review the decades of discussion and years of negotiation that led to the adoption of the Statute of the International Criminal Court in 1998. By placing the creation of the International Criminal Court in its historical context, they emphasize the significance of the statute and the Court for international law. The lecture discusses various provisions of the statute, highlighting controversial aspects such as the jurisdiction of the Court and the crime of aggression. The statute reflects the compromises struck throughout the negotiations, compromises that are a necessary part of multilateral diplomacy. Though it was not possible to reconcile …

The Cooperation Of States With The International Criminal Court, Valerie Oosterveld

Law Publications

This Article explores the various cooperation obligations included within the Rome Statute related to arrest and surrender; investigation and evidence gathering; privileges and immunities of Court officials; witness protection; enforcement of ICC sentences, fines, and forfeiture orders; and offenses against the administration of justice. The nature of each obligation will be discussed within the context of the Rome Statute itself, its negotiation history, and a comparison of how Canada, Switzerland, and the United Kingdom have implemented their obligations to cooperate with the ICC into their domestic law, to the end of providing technical assistance to States undertaking the important task …

Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan

Faculty Scholarship

No abstract provided.

Criminal Prosecution For Hmo Treatment Denial, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This article will first provide a brief examination of the economic pressures that market forces bring to bear on HMOs and their decision-making personnel. The objective is to show how the natural effect of normal market forces is to exert a constant pressure towards treatment delays and denials, particularly in the cases of elderly and chronically ill patients. Part III will provide an overview of the existing criminal law as it applies to situations in which death results because someone has violated a legal duty to provide medical treatment. In Part IV, the question of the requisite mental culpability will …

The Illinois Death Penalty: What Went Wrong?, 34 J. Marshall L. Rev. 409 (2001), Marshall J. Hartman, Stephen L. Richards

UIC Law Review

No abstract provided.

Voluntary Intoxication In Florida: Public Policy Versus Due Process And Why Florida's Intoxication Statute Cannot Withstand A Constitutional Challenge, Michael L. Elkins

St. Thomas Law Review

This comment examines the substance of the opinions in Egelhoff and juxtaposes the Florida statutory scheme against the proper constitutional analysis. The Egelhoff majority has done little to provide a workable constitutional backdrop from which other state statutes banning evidence of voluntary intoxication may be categorized. Part II of this comment provides the historical background for the voluntary intoxication defense. Part I initially examines the factual and legal background of the Egelhoff case as set forth by the Montana Supreme Court. Part IV then provides an analysis of the opinions authored by the United States Supreme Court. This section will …

Voluntariness With A Vengeance: Miranda And A Modern Alternative, Jonathan B. Zeitlin

St. Thomas Law Review

One of the most famous opinions in American jurisprudence is that of the United States Supreme Court in the case of Miranda v. Arizona. The Court's prophylactic rule in Miranda has been followed in both state and federal courts with little derogation for over thirty years. On February 8, 1999, in Dickerson v. United States, the United States Court of Appeals for the Fourth Circuit ignored Miranda, turning instead to 18 U.S.C. § 3501, a relatively obscure federal statute enacted in 1968 in response to the Court's decision in Miranda. The United States Supreme Court granted certiorari and heard oral …

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

Human Rights Brief

No abstract provided.

When Is An Attempted Rape Not An Attempted Rape? When The Victim Is A Transsexual - Schwenk V. Hartford: The Intersection Of Prison Rape, Title Vii And Societal Willingness To Dehumanize Transsexuals, Katrina C. Rose

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Procedural Reforms In Capital Cases Applied To Perjury, 34 J. Marshall L. Rev. 453 (2001), Steven Clark

UIC Law Review

No abstract provided.

Righting Illinois' Wrongs: Suggestions For Reform And A Call For Abolition, 34 J. Marshall L. Rev. 469 (2001), Sharone Levy

UIC Law Review

No abstract provided.

Reasonable Doubt Redux: The Return Of Substantive Criminal Appellate Review In Illinois, 34 J. Marshall L. Rev. 495 (2001), Stephen L. Richards

UIC Law Review

No abstract provided.

Something Is Rotten In The Interrogation Room: Let's Try Video Oversight, 34 J. Marshall L. Rev. 537 (2001), Wayne T. Westling

UIC Law Review

No abstract provided.

The Jury Poll And A Dissenting Juror: When A Juror In A Criminal Trial Disavows Their Verdict In Open Court, 35 J. Marshall L. Rev. 45 (2001), Karl Moltzen

UIC Law Review

No abstract provided.

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

Human Rights Brief

No abstract provided.

News From The International Criminal Tribunals , Alexandra L. Wisotsky, Kelly D. Askin

Human Rights Brief

No abstract provided.

The Commercial Activity Exception Under The Fsia, Personhood Under The Fifth Amendment And Jurisdiction Over Foreign States: A Partial Roadmap For The Supreme Court In The New Millennium, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband

Fordham Urban Law Journal

This Comment first describes federal prosecutors' broad charging discretion and the resulting potential for abuse. It then discusses how current interpretations of the Hyde Amendment have failed to establish a standard of conduct for federal prosecutors different from that established by preexisting laws, internal regulations, and ethics rules. Finally, it argues that the Hyde Amendment offers the courts an important opportunity to issue opinions detailing how federal prosecutors should exercise their charging discretion. This Comment concludes that courts should take advantage of this opportunity to establish a more exact standard of conduct for prosecutors conducting investigations and thereby offer defendants …

The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan

Cleveland State Law Review

The essence of the argument is this: all punishment must be inflicted in cold blood; whatever damage we do to others not in cold blood is not punishment but self-defense or revenge; what we have a right to inflict in cold blood is a question of the rules of just social cooperation and especially the justice of the sanctions required to sustain those rules; it is here argued that the fundamental principle is that we may inflict whatever punishment is necessary to deter wrongdoing and not disproportionate to the offence; I do not dismiss 'pure' retribution as a goal of …

Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard

Cleveland State Law Review

The symposium presentation given by Dr. Sheppard’s son discussed the impact of the trial on his entire family, as well as the idea of a failed trial. He went through the different juries encountered by his father. He also listed his hopes for the symposium: “What would I hope to come out of a conference like this? First, selfishly, I would hope that it would help us with our new legal endeavor. Second, I hope that we can contribute to serious legal work that deals on realistic and dignified grounds on the problem, both federally and statewide, of wrongful incarceration. …

Influence Of Media And Technology: Changing Roles And Responsibilities, Terry Gilbert

Cleveland State Law Review

High profile cases are therefore media driven. What happens in the courtroom is a reflection of the attitudes of the larger society. Such was the case then and it is the case now. From the cases of Lizzy Borden, the Lindburgh kidnapping, O.J. Simpson, and Sheppard, anyone who thinks justice is completely blind to the influences of popular opinion is blind themselves. All too often justice is a function of political culture. The courtroom is nothing but a vehicle to carry out the popular will, often with lynch mob mentality. Despite the attempts to control this phenomenon, and certainly the …