Criminal Law Commons^™

A Comparative Analysis Of The Mens Rea Requirment For Complicity As Appled In The International Tribuanls And The Common-Law Jurisdictions Of The United States, England & Australia, John W. Gold

War Crimes Memoranda

No abstract provided.

A Comparative Study Of Exclusion Of Evidence On The Grounds Of The Means By Which It Was Obtained, Brian Beller

War Crimes Memoranda

No abstract provided.

A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin

War Crimes Memoranda

No abstract provided.

Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair

War Crimes Memoranda

No abstract provided.

Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox

War Crimes Memoranda

No abstract provided.

Comparative Study Of Alternative Punishments To The Death Penalty, Courtney A. Mengel

War Crimes Memoranda

No abstract provided.

Comparative Study On The Weight To Be Attached To The Evidence Of Co-Perpetrators In Civil, Common Law And International Criminal Law Systems, Laura S. Steehler

War Crimes Memoranda

No abstract provided.

Does Conviction For Murder As A Crime Against Humanity Require Proof Of Premeditation? What Of The Differing Terms Used In The English And French Versions Of Article 3(A) Of The Ictr Statute And Article 5(A) Of The Icty Statute?, Jennifer Prude

War Crimes Memoranda

No abstract provided.

Does The Phrase “On Political, Racial, Or Religious Grounds” In Article 3(H) Of The Ictr Statute And 5(H) Of The Icty Statute Foreclose Conviction Based On Persecution Against Ethnic Or National Minorities?, Shaun M. Smith

War Crimes Memoranda

No abstract provided.

Head Of State Doctrine And International Law Violations, Diego A. Archer

War Crimes Memoranda

No abstract provided.

Procedural Rules Relating To The Admissibility Of Evidence Of A Consistent Pattern Of Conduct In Criminal Trials, Christopher B. Kiehl

War Crimes Memoranda

No abstract provided.

Reasoned Judgments Requirement In International Criminal Law, Heather M. Kern

War Crimes Memoranda

No abstract provided.

Responsibility Of Military Commanders To Protect Civilians From Attacks By Other Civilians And The State Within Commander’S Area Of Control, V. Justin Arpey

War Crimes Memoranda

No abstract provided.

The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar

War Crimes Memoranda

No abstract provided.

The Role Of The Prosecutor And The Judge, Robert Tibbitts

War Crimes Memoranda

No abstract provided.

Trial Of “The Butare Four” In Belgium, Jessica A. Harrah

War Crimes Memoranda

No abstract provided.

What Is The Distinction Between “Joint Criminal Enterprise” As Defined By The Icty Case Law And Conspiracy In Common Law Jurisdictions?, Rajiv K. Punja

War Crimes Memoranda

No abstract provided.

Constitutional Law: Retarded Justice: The Supreme Court's Subjective Standards For Capital Punishment Of The Mentally Retarded, Daniel Nickel

Oklahoma Law Review

No abstract provided.

Summary Of West V. State, Amanda Yen

Nevada Supreme Court Summaries

On February 5, 2001, the general manager of Canyon Gate Mini Storage discovered the decomposing body of Christine Smith in the storage unit owned by Smith and her daughter, appellant Brookey Lee West. Smith’s body was sealed in a garbage can wrapped with duct tape, garbage bags and cellophane wrap. A white plastic bag, knotted at the back of her head, covered Smith’s nose and mouth. Upon searching West’s apartment, police discovered Smith’s bank statements. The police determined that there were numerous ATM withdrawals on Smith’s bank account after February 1998, when Smith was last seen alive. West was charged …

Accomplishing The Purposes Of Sentencing–The Role Of The Courts And The Commission, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Rationalizing The Commission: The Philosophical Premises Of The U.S. Sentencing Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Gross Negligence And Recklessness As Sufficient Mens Rea For A Crime Against Humanity Assuming The Accused Has Knowledge Of The Chapeau Elements, Stephen W. Byrne

War Crimes Memoranda

No abstract provided.

The Elements Of Rape As A Crime Against Humanity, What Witnesses Are Required To Say To Satisfy These Elements, And The Cultural Implications Of Describing Rape In Detail, Nicole Dorsky

War Crimes Memoranda

No abstract provided.

Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

The current right-to-counsel doctrine was developed in the 1970's. It created a bright-line rule still in effect today. The right to counsel attaches only at "critical stages" of a criminal prosecution. Under this critical stage doctrine, the right to counsel only attaches after the initiation of formal adversary proceedings and only applies to confrontations between the accused and the prosecution or law enforcement. In the years following the Supreme Court's development of the critical stage doctrine, national trends of mandatory sentencing and sentencing guidelines revolutionized criminal procedure and dramatically altered the roles of the system's key players.

Now, defense counsel's …

The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam

Articles

No abstract provided.

Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan

Faculty Scholarship

In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …

Atkins, Adolescence, And The Maturity Heuristic: Rationales For A Categorical Exemption For Juveniles From Capital Punishment, Jeffrey A. Fagan

Faculty Scholarship

In Atkins v. Virginia, the U.S. Supreme Court voted six to three to bar further use of the death penalty for mentally retarded offenders. The Court offered three reasons for banning the execution of the retarded. First, citing a shift in public opinion over the thirteen years since Penry v. Lynaugh, the Court in Atkins ruled that the execution of the mentally retarded is "cruel and unusual punishment" prohibited by the Eighth Amendment. Second, the Court concluded that retaining the death penalty for the mentally retarded would not serve the interest in retribution or deterrence that is essential to capital …

Professional Identity: Comment On Simon, Daniel C. Richman

Faculty Scholarship

Lord Brougham – the icon of zealous advocacy, who saw it as his duty to “save [his royal] client by all means and expedients and at all hazards and costs to other persons and, among them, to himself” – would not last long in a Cuban criminal court today. The question is, how comfortable would he be in a drug treatment court? Could he do his job? How well would he do it? Would he want to? And should we care if he couldn't and wouldn't?

These are all questions raised by William Simon's trenchant exploration of the challenges that …

Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson

Michigan Journal of Race and Law

This article will examine the concept of racist words, symbols, and actions that are used as weapons to "ambush, terrorize, wound, humiliate, and degrade,” as psychological and physiological violence. The implications of such violence are relevant to several affirmative defenses and, indeed, to the initial formulation of mens rea. The historical and contextual legacy that is intentionally invoked by the utilization of racialized violence is what separates the racial epithet or racially violent symbolism from other distressing insults and slurs. While First Amendment protection extends to offensive or insulting speech, the mental and physical sequelae of such speech, even absent …

Criminal Defenders And Community Justice: The Drug Court Example, William H. Simon

Faculty Scholarship

The Community Justice idea and its core institution – the Community Court – is an ambitious innovation intended to generate new solutions and practices. It thus inevitably calls for adaptation of the established roles associated with the court system, and especially the criminal justice system. It asks practitioners to learn new skills, to accept new conventions, and to participate in the elaboration of a rapidly evolving experiment.

It is thus not surprising that many lawyers are anxious about the system. It remains an interesting question, however, whether their anxiety represents something more than the discomfort that change and challenge typically …