Criminal Law Commons^™

Revising The Model Penal Code: Keeping It Real, Gerard E. Lynch

Faculty Scholarship

The thesis of this talk can be simply stated: In any serious discussion of revising the Model Penal Code (MPC), the object of the game cannot be revising the MPC itself. Rather, the object of any revision of the Code is to promote the reform of the nation's actual criminal codes, as adopted by the state legislatures and Congress.

Exonerations Change Judicial View On Ineffective Assistance Of Counsel, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article analyzes the U. S. constitutional law interpreting the concept of “same offence.” Included is a survey of the Supreme Court's attempts to interpret constitutional text in order to provide adequate protection for the underlying double jeopardy interest against vexatious reprosecutions, which have frequently produced inconsistent and illogical results. Part III of this article analyzes U.K. law relating to the concept of “same offence,” where the same narrow double jeopardy protection adopted by the U.S. Supreme Court is supplemented with a broad discretion to prevent unfair successive prosecution that constitutes an abuse of process. Part IV draws lessons from …

Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas

Michigan Journal of International Law

This Article is the first in a series of studies of the globalization of illicit markets. My theses are as follows: First, the increase in international trade in illicit products and services parallels the growth in international trade more generally that accompanies the phenomenon of globalization. Second, at the same time that most international trade law has moved toward a posture of liberalization, there has been a movement to strengthen the prohibition and punishment of trade in illicit transactions. Third, the mechanisms that have developed to regulate this prohibition constitute a significant development in the international legal order.

On Statutory Rape, Strict Liability, And The Public Welfare Offense Model, Catherine L. Carpenter

American University Law Review

Statutory Rape. At the center of a long-standing debate on whether its commission should require proof of a criminal mens rea, the prosecution of statutory rape offers a revealing look at the struggle to demarcate the parameters of the public welfare offense doctrine. Specifically, with respect to statutory rape, disagreement is deep and entrenched on whether statutory rape should be categorized as a public welfare offense, which would render irrelevant defendant's lack of knowledge of the victim's age. And despite wholesale revamping of state statutory rape laws on issues of age, gender, and potential grading and punishment, the debate on …

Stare Decicis And Due Process, Amy Coney Barrett

University of Colorado Law Review

No abstract provided.

Criminal Law—Scarlet Letters: Traffic Stops Based On “Special” License Plates Must Follow The Letter Of The Constitution—State V. Henning, Piper Kenney Webb, Bruce H. Hanley

William Mitchell Law Review

The Minnesota Supreme Court recently addressed whether a Minnesota statute authorizing law enforcement to stop motorists based solely on the presence of special license plates issued primarily to repeat drunken drivers is proper under the United States and Minnesota Constitutions. In State v. Henning, the court held the statute unconstitutional by a 4-3 decision. Finding no persuasive reason to do otherwise, the court struck down the legislature's attempt to eliminate the requirement that law enforcement have “reasonable articulable suspicion” to conduct an investigatory stop of a motor vehicle. This article provides a brief survey of similar laws in other states …

Summary Of Salazar V. State, Rick Rawson

Nevada Supreme Court Summaries

Appeal from district court judgment of conviction on one count of battery with use of a deadly weapon with substantial bodily harm, one count of battery with a deadly weapon, and one count of mayhem with use of a deadly weapon.

Dying Twice: Incarceration On Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Dying Twice is an important report. The work is a collaboration between the Corrections Committee of the Association of the Bar of the City of New York, which I chaired, and the Committee on Capital Punishment of the Association chaired by Norman Greene. The working group that researched and wrote the report was drawn from members of both committees. The attorneys and the physician who served on the committee are wonderful, talented, dedicated people. It was a pleasure to work with professionals of this caliber on such an important effort. Dying Twice was endorsed as the position of the Association …

Revenge Or Mercy? Some Thoughts About Survivor Opinion Evidence In Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Unexploded Bomb: Voice, Silence And Consequence At The Hague Tribunals -- A Legal And Rhetorical Critique, Timothy W. Waters

Articles by Maurer Faculty

This Article examines the decision by the ICTY Prosecutor not to investigate NATO's bombing campaign during the Kosovo war - and the Prosecutor's unusual decision to publish an Inquiry explaining its reasons. Many scholars have examined the Inquiry, but all have focused on its substantive legal analysis. This Article takes a different approach: It focuses on how the Prosecution reached the conclusion not to investigate. Using rhetorical analysis, it examines the Prosecution's decision-making mindset to see what that indicates about the shape of future international prosecutorial decision-making, including at the ICC.

There is no evidence that the Prosecution succumbed to …

Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies

Articles by Maurer Faculty

No abstract provided.

The Politics Of Crime And The Threat To Judicial Independence, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Stacking The Deck Against Suspected Terrorists: The Dwindling Procedural Limits On The Government's Power To Indefinitely Detain United States Citizens As Enemy Combatants, Nickolas A. Kacprowski

Seattle University Law Review

This Note examines Padilla v. Bush as an example of the contemporary application of enemy combatant law. This Note argues that in present and future applications of enemy combatant law, courts should treat Padilla as the preferred model of application because Padilla preserves more Constitutional protections, specifically the right to counsel in bringing a habeas petition, than do Hamdi or Quirin. The Padilla decision is preferable to Hamdi because Padilla restricts the movement of enemy combatant law away from the ex- press criminal protections of the Constitution. In contrast, Hamdi greatly accelerates such movement.

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.

Who Is Andrea Yates? A Short Story About Insanity, Deborah W. Denno

Faculty Scholarship

On June 20, 2001, Andrea Yates drowned her four children in a bathtub. At Andrea’s trial, in Harris County, Texas, the prosecution’s star expert, Patrick Dietz, appeared particularly adept at persuading the jury to accept the prosecution’s assertion that Andrea was sane and acting intentionally when she killed her children. This Article analyzes the problematic aspects of Dietz's testimony in an effort to contribute some balance to the Andrea Yates story. Despite the long history of expert witnesses in criminal trials, the justice system should question the fairness and efficacy of such an unregulated storytelling process. Part I of this …

To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua Fairfield

Articles by Maurer Faculty

No abstract provided.

Substantive Due Process And The Involuntary Confinement Of Sexually Violent Predators, Wayne A. Logan, Eric S. Janus

Scholarly Publications

Over the past fifty years the Supreme Court has been repeatedly asked to address the constitutionality of civil commitment laws, including laws specifically targeting sexually violent predators (SVPs). The SVP laws have withstood challenge, in each instance redeemed by their putative civil purpose. Today, however, roughly 13 years after the first modern SVP law was enacted by the State of Washington, serious concern exists over whether the laws are fulfilling their civil purpose, or are merely serving as vehicles for impermissible preventive detention.

This Article addresses this question, in the process exploring the viability of the major remaining constitutional basis …

Applying The Responsible Corporate Officer Doctrine Outside The Public Welfare Context, Amiad Kushner

Journal of Criminal Law and Criminology

No abstract provided.

Drug Courts And The De Facto Legalization Of Drug Use For Participants In Residential Treatment Facilities, Andrew Armstrong

Journal of Criminal Law and Criminology

No abstract provided.

For Mice Or Men Or Children - Will The Expansion Of The Eighth Amendment In Atkins V. Virginia Force The Supreme Court To Re-Examine The Minimum Age For The Death Penalty, Jamie Hughes

Journal of Criminal Law and Criminology

No abstract provided.

A Review Of South Dakota Criminal Justice: A Study Of Racial Disparities By Richard Braunstein And Steve Feimer, Frank Pommersheim, Elsie Meeks

Faculty Publications

No abstract provided.

To Serve And Collect: Measuring Police Corruption, Sanja Kutnjak Ivkovic

Journal of Criminal Law and Criminology

No abstract provided.

Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg

Journal of Criminal Law and Criminology

No abstract provided.

Pre-Arrest Silence: Minding That Gap Between Fourth Amendment Stops And Fifth Amendment Custody, Sara Ciarelli

Journal of Criminal Law and Criminology

No abstract provided.

The Tenuous Relationship Between The Fight Against Money Laundering And The Disruption Of Criminal Finance, Mariano-Florentino Cuellar

Journal of Criminal Law and Criminology

No abstract provided.

Beyond Accommodation: Reconstructing The Insanity Defense To Provide An Adequate Remedy For Postpartum Psychotic Women, Jessie Manchester

Journal of Criminal Law and Criminology

No abstract provided.

Kidnapping Federalism: United States V. Wills And The Constitutionality Of Extending Federal Criminal Law Into The States, M. Todd Scott

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.