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Criminal Law Commons™

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2003

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Institution
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Articles 151 - 180 of 354

Full-Text Articles in Criminal Law

No Guns Or Butter For Thomas Bean: Firearms Disabilities And Their Occupational Consequences, Mark M. Stavsky Jan 2003

No Guns Or Butter For Thomas Bean: Firearms Disabilities And Their Occupational Consequences, Mark M. Stavsky

Fordham Urban Law Journal

Through the case of Thomas Bean, a firearms dealer convicted of a felony and subsequently denied his firearms license and right to possess firearms, this Article discusses the injustice that occurs when the law arbitrarily denies an individual his occupation merely because he is a felon. The Article argues that 18 U.S.C. § 925(c) gives the Bureau of Alcohol, Tobacco, and Firearms the power to review a petition to restore those rights but that Congress has rendered the statute useless by depriving the Bureau of funding to investigate such petitions. Because this denies individuals, like Bean, the ability to reenter …

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No Bond, No Body, And No Return Of Service: The Failure To Honor Misdemeanor And Gross Misdemeanor Warrants In The State Of Washington, Hon. Philip J. Van De Veer Jan 2003

No Bond, No Body, And No Return Of Service: The Failure To Honor Misdemeanor And Gross Misdemeanor Warrants In The State Of Washington, Hon. Philip J. Van De Veer

Seattle University Law Review

This Article will first examine how the warrant system works in Washington and how jail overcrowding and prisoner litigation has hindered the ability of law enforcement to arrest defendants wanted on misdemeanor and gross misdemeanor warrants. Second, the scope of the problem will be documented, followed by an analysis of why limited jurisdiction judges are currently unable to adequately respond to the growing problem. Finally, the harms caused by the failure to execute warrants will be detailed, followed by a survey of options available to correct the problem.

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Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant Jan 2003

Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant

Seattle University Law Review

It was in this spirit that the Board of Judicial Administration created the Washington State Jury Commission in June 1999. The Commission's mandate was to "conduct a broad inquiry into the jury system and examine issues including ... juror responsiveness, citizen satisfaction from jury service, adequacy of juror reimbursement, and improving juror participation in trials." This Article sets forth a brief summary of the Commission's work and examines, in more detail, certain, specific recommendations of the Commission, including those that have been implemented and those that have not. In addition, this Article provides an update on the status of the …

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Culture And Contempt: The Limitations Of Expressive Criminal Law, Ted Sampsell-Jones Jan 2003

Culture And Contempt: The Limitations Of Expressive Criminal Law, Ted Sampsell-Jones

Seattle University Law Review

This Article will attempt to highlight certain important features of the expressive function of criminal law that have been neglected. Bringing these elements into higher relief will add to our understanding of how expressive criminal law works and, in particular, how it can fail to work as intended. This article will look closely at one example of the operation of expressive criminal law. The example comes from the area of criminal drug policy, and will examine how expressive drug laws have functioned in the street subculture of urban minority communities. Part II, describes street ideology and the social meanings of …

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In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch Jan 2003

In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch

UIC Law Review

No abstract provided.

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Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich Jan 2003

Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich

UIC Law Review

No abstract provided.

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Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr. Jan 2003

Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr.

UIC Law Review

No abstract provided.

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How Low Can You Go (Down The Ladder): The Vertical Reach Of Rico, 37 J. Marshall L. Rev. 1 (2003), Scott Paccagnini Jan 2003

How Low Can You Go (Down The Ladder): The Vertical Reach Of Rico, 37 J. Marshall L. Rev. 1 (2003), Scott Paccagnini

UIC Law Review

No abstract provided.

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The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind Jan 2003

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.

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Innocent Until Proven Guilty: The Origins Of A Legal Maxim, Kenneth Pennington Jan 2003

Innocent Until Proven Guilty: The Origins Of A Legal Maxim, Kenneth Pennington

Scholarly Articles

The maxim,' Innocent until proven guilty', has had a good run in the twentieth century. The United Nations incorporated the principle in its Declaration of Human Rights in 1948 under article eleven, section one. The maxim also found a place in the European Convention for the Protection of Human Rights in 1953 [as article 6, section 2] and was incorporated into the United Nations International Covenant on Civil and Political Rights [as article 14, section 2]. This was a satisfying development for Americans because there are few maxims that have a greater resonance in Anglo-American, common law jurisprudence. The Anglo-American …

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The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson Jan 2003

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson

Human Rights Brief

No abstract provided.

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Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson Jan 2003

Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson

Human Rights Brief

No abstract provided.

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The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers Jan 2003

The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers

Faculty Scholarship

No abstract provided.

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Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner Jan 2003

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Fordham Urban Law Journal

This article addresses civil commitment of sexually predatory offenders. It first outlines the most common American approaches to controlling sexual offenders, then details the German concept of Sicherungsverwahrung and greater state control, and finally proposes adopting a modified German approach that assures proportionality and public safety without sacrificing individual liberties. The article concludes by arguing that criminal penalties and safety-based detention should both be seen as elements of social control, which requires that safety measures with clearly punitive components be recognized as part of the punishment process.

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Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin Jan 2003

Are Collateral Sanctions Premised On Conduct Or Conviction?: The Case Of Abortion Doctors, Gabriel J. Chin

Fordham Urban Law Journal

Traditionally, collateral sanctions are viewed as civil measures designed to prevent undue risk by proven lawbreakers. If a collateral sanction were a criminal penalty instead, that would trigger constitutional provisions like the Ex Post Facto Clause, which would mean the sanction could not be imposed retroactively. This Article argues that collateral sanctions based on conduct and not conviction indicate a civil regulatory measure, but that when the sanctions only apply in the event of conviction, the sanction looks more like punishment. Conviction is not the only way to show risky conduct, and it is the conduct that civil sanctions should …

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Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love Jan 2003

Starting Over With A Clean Slate: In Praise Of A Forgotten Section Of The Model Penal Code, Margaret Colgate Love

Fordham Urban Law Journal

Convicted felons have no realistic hope of full reintegration into society when jurisdictions do not provide for eventual removal of collateral penalties and when relief mechanisms are insufficient or ineffective. Because Americans are uncomfortable with such an unforgiving system and states are considering the economic burdens of such a system, jurisdictions should take steps to limit the scope and duration of these collateral consequences. This Article proposes a legal framework aimed to fully reintegrate an offender into society post incarceration. It urges a return to the reforms of the 1960s and 70s, the ABA Standards on Collateral Sanctions, and Section …

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Determining The Retroactive Effect Of Laws Altering The Consequences Of Criminal Convictions, Nancy Morawetz Jan 2003

Determining The Retroactive Effect Of Laws Altering The Consequences Of Criminal Convictions, Nancy Morawetz

Fordham Urban Law Journal

This Article explores when laws altering the consequences of conviction can retroactively apply. It traces the roots of the current emphasis on plea agreements to the current confusion about how to determine retroactivity in cases involving quasi-economic transactions and those involving wrongful conduct. Using I.N.S. v. St. Cyr, 533 U.S. 298 (2001), it focuses on the open issue of the date against which new legal consequences are measured. Finally, the Article argues that reliance is an improper indicia of retroactivity for laws governing wrongful conduct and that the proper question is whether the offender had fair notice of the degree …

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Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey Jan 2003

Transformative Criminal Defense Practice: Truth, Love, And Individual Rights- The Innovative Approach Of The Georgia Justice Project, Douglas Ammar, Tosha Downey

Fordham Urban Law Journal

Georgia Justice Project has a unique approach to criminal defense and rehabilitation which is based on a relationship and community-oriented ethic. Focused on only accepting clients who are willing to make a serious commitment to changing their lives, the GJP ensures that the client moves beyond social, emotional and personal challenges that contributed to their legal problems. This article describes the unique factors of the GJP that have contributed to its continued success.

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"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader Jan 2003

"Forgive Me Victim For I Have Sinned": Why Repentance And The Criminal Justice System Do Not Mix - A Lesson From Jewish Law, Cheryl G. Bader

Fordham Urban Law Journal

This essay will critique the Georgia Justice Project's encouragement of confessions in the context of the secular American justice system via comparison with the treatment of confessions under ancient Jewish law. Specifically, this essay posits that the absolute prohibition on the use of confessions in a legal system firmly rooted in religious values recognizes the danger inherent in combining the act of speaking of one's sins for religious penance with the use of such confessions in the criminal adjudication process. The Jewish legal system avoids these inherent dangers by completely devaluing the accused's confession. The GJP, in contrast, merges the …

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A Healer Or An Executioner - The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin Jan 2003

A Healer Or An Executioner - The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin

Journal of Law and Health

This article argues that despite the benefits of ridding the criminal justice system of some uncertainty and ignorance with respect to mental health issues, the very close involvement of psychiatrists in the criminal justice system as practiced in the United States is not only illogical and bad policy, but also unethical from the viewpoint of medical ethics. Part II of this article will lay the groundwork for the argument by discussing the history of the insanity defense, and of science's involvement with criminal justice; while Part III, will look into the association of science and the administration of justice in …

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Death By Any Other Name: The Federal Government's Inconsistent Treatment Of Drugs Used In Lethal Injections And Physician-Assisted Suicide, Colin Miller Jan 2003

Death By Any Other Name: The Federal Government's Inconsistent Treatment Of Drugs Used In Lethal Injections And Physician-Assisted Suicide, Colin Miller

Journal of Law and Health

While the FDA is under no legal obligation to regulate the drugs used in executions, these recent developments certainly create a moral imperative requiring review. This paper will argue that the federal government cannot consistently refrain from regulating lethal injection drugs while arguing for prosecution of those prescribing drugs to be used by patients in assisted suicide. Part II will look at the opinions in Chaney and the factors behind the FDA's decision not to regulate the drugs used in executions. Part III will look at Oregon's Death with Dignity Act and its authorization by the Supreme Court. Parts IV-VI …

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Fifteen Years After The Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective And Just Narcotics Sentencing Perspectives On The Federal Sentencing Guidelines And Mandatory Sentencing, Ian Weinstein Jan 2003

Fifteen Years After The Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective And Just Narcotics Sentencing Perspectives On The Federal Sentencing Guidelines And Mandatory Sentencing, Ian Weinstein

Faculty Scholarship

Federal criminal sentencing has changed dramatically since 1988. Fifteen years ago, judges determined if and for how long a defendant would go to jail. Since that time, changes in substantive federal criminal statutes, particularly the passage of an array of mandatory minimum penalties and the adoption of the federal sentencing guidelines, have limited significantly judicial sentencing power and have remade federal sentencing and federal criminal practice. The results of these changes are significantly longer federal prison sentences, as was the intent of these reforms, and the emergence of federal prosecutors as the key players in sentencing. Yet, at the same …

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Glover V. State: A Misinterpretation And Misapplication Of The Barker Speedy Trial Balancing Test Results In The Weakening Of A Criminal Defendant's Right To A Prompt Trial, Christopher S. Elmore Jan 2003

Glover V. State: A Misinterpretation And Misapplication Of The Barker Speedy Trial Balancing Test Results In The Weakening Of A Criminal Defendant's Right To A Prompt Trial, Christopher S. Elmore

Maryland Law Review

No abstract provided.

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Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin Jan 2003

Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin

History Faculty Publications

Nicola Sacco, a skilled shoeworker born in 1891, and Bartolomeo Vanzetti, a fish peddler born in 1888, were arrested on 5 May 1920, for a payroll holdup and murder in South Braintree, Massachusetts. A jury, sitting under Judge Webster Thayer, found the men guilty on 14 July 1921. Sacco and Vanzetti were executed on 23 August 1927 after several appeals and the recommendation of a special advisory commission serving the Massachusetts governor. The execution sparked worldwide protests against repression of Italian Americans, immigrants, labor militancy, and radical political beliefs.

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Cross-Burning Case Explores Free-Speech Controversy, John G. Douglass Jan 2003

Cross-Burning Case Explores Free-Speech Controversy, John G. Douglass

Law Faculty Publications

Virginia v. Black was Smolla's first oral argument before the Supreme Court, but his appearance on the national stage of First Amendment controversy was nothing new. Among academics, Smolla has long been regarded as a leading First Amendment voice. His publications include a widely-used casebook, top law review articles, plays, short stories, a forthcoming novel, and a nonfiction work that became the script for a popular movie. As a litigator of two decades experience, he has argued First Amendment appeals in dozens of state and federal courts around the nation. Early in his career, he had a knack for finding …

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Reflections On Russia's Revival Of Trial By Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures To Combat Terrorism, And Our Federal Sentencing Regime, Hon. John C. Coughenour Jan 2003

Reflections On Russia's Revival Of Trial By Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures To Combat Terrorism, And Our Federal Sentencing Regime, Hon. John C. Coughenour

Seattle University Law Review

This Article begins by discussing the nineteenth-century origins of trial by jury in Russia and the changes the system endured until the October 1917 Revolution, focusing particular attention on both the progressive exclusion of political crimes from the jurisdiction of the jury and use of alternative judicial procedures for such crimes. Next, the Article outlines the fundamental principles of the inquisitorial criminal justice system, which defined and dominated Soviet jurisprudence. Part I concludes by addressing Russia's revival of trial by jury in 1993, the specific characteristics of its new jury system, the other monumental criminal justice reforms of the 1990s, …

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A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Major Joshua E. Kastenberg Jan 2003

A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Major Joshua E. Kastenberg

Seattle University Law Review

Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …

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Genocide Politics And Policy: Conference Remarks, Madeline Morris Jan 2003

Genocide Politics And Policy: Conference Remarks, Madeline Morris

Faculty Scholarship

No abstract provided.

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Death By Peers: The Extension Of The Sixth Amendment To Capital Sentencing In Ring V. Arizona, Thomas Aumann Jan 2003

Death By Peers: The Extension Of The Sixth Amendment To Capital Sentencing In Ring V. Arizona, Thomas Aumann

Loyola University Chicago Law Journal

No abstract provided.

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(1) Is There A Role For “Fair Trial Observers” In International Criminal Law Trials? (2) Discussion Of Observers In Other High Profile Trials (3) Proposed Guidelines For Ictr Fair Trial Observers, Ryan C. Scott Jan 2003

(1) Is There A Role For “Fair Trial Observers” In International Criminal Law Trials? (2) Discussion Of Observers In Other High Profile Trials (3) Proposed Guidelines For Ictr Fair Trial Observers, Ryan C. Scott

War Crimes Memoranda

No abstract provided.

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