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Criminal Law Commons™

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2004

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Institution
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Articles 181 - 210 of 406

Full-Text Articles in Criminal Law

Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen Jan 2004

Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen

Nevada Supreme Court Summaries

This case was an appeal from a judgment of conviction, entered pursuant to a jury verdict of one count of burglary, one count of obtaining and using personal identification information of another, one count of fraudulent use of a credit or debit card, and eight counts of possession of a credit card without the cardholder’s consent.

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Summary Of Johnson V. State, Christina H. Wang Jan 2004

Summary Of Johnson V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of uttering a forged instrument and one count of principal to commit uttering a forged instrument.

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Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff Jan 2004

Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff

Human Rights Brief

No abstract provided.

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Updates From The International Criminal Courts, Tejal Jesrani Jan 2004

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.

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A Decade Of The Development Of Gender Crimes In International Courts And Tribunals: 1993 To 2003, Kelly D. Askin Jan 2004

A Decade Of The Development Of Gender Crimes In International Courts And Tribunals: 1993 To 2003, Kelly D. Askin

Human Rights Brief

No abstract provided.

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Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava Jan 2004

Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava

Human Rights Brief

No abstract provided.

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Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard Jan 2004

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard

Fordham Urban Law Journal

Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …

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Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts Jan 2004

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts

Fordham Urban Law Journal

Unlike rules governing discovery in civil cases, which require that the two sides exchange most information about their respective cases, criminal discovery result in a much more limited flow of information. Many commentators, for many years, have called for the liberalization of criminal discovery statutes and rules. Indeed, some states have heeded the call. But about a dozen states follow the highly restrictive federal rule, which is premised in part on the idea that a defendant should not be entitled to witness names or statements for pretrial investigation, but rather only for cross-examination purposes should the case ever get to …

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The Adjudication Of Minor Offenses In New York City, Ian Weinstein Jan 2004

The Adjudication Of Minor Offenses In New York City, Ian Weinstein

Fordham Urban Law Journal

American criminal justice is founded on overcriminalization and discretion. Our legislatures have long criminalized much more conduct than can be effectively sanctioned. American police and prosecutors have been granted virtually unreviewable authority (discretion) to allocate investigative and prosecutorial resources. Minor crimes absorb the bulk of our ordinary, local enforcement efforts and there is an endless supply of minor crime, which may be pursued. With minor offenses, discretion is critical at all phases. This article argues that criminal courts, where ninety percent of all cases are heard, could benefit from reform. The author argues for the development of the record so …

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How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer Jan 2004

How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer

Journal of Law and Health

This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …

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Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs Jan 2004

Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs

Cleveland State Law Review

This Note argues that an erection under these circumstances does not indicate consent to engage in sexual activity. Part II of this Note explores the reality of male sexual assault and offers various medical, psychological, sociological, and cultural reasons to explain why a male victim may maintain an erection while being sexually assaulted and/or raped. Part II also explores the complex relationship between physical arousal and sexual desire. Part III provides a legal background to both the law's treatment of male sexual assault generally and in specific instances where the male victim maintained an erection during his assault. This part …

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The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel Jan 2004

The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel

Cleveland State Law Review

In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …

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Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin Jan 2004

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.

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The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell Jan 2004

The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …

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New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers Jan 2004

New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This article addresses the general principles of attempt liability, including a description of the doctrines of factual and legal impossibility and the rationale behind the historical treatment of these defenses. Part III describes recent Internet attempt cases, and Part IV analyzes issues raised by such cases. This article suggests that the new Internet cases provide further rationale for rejecting a distinction between factual and legal impossibility that would allow the latter to be a defense. This article also discusses issues surrounding the appropriate mens rea for attempt, and its applicability to Internet cases, where the defendants claim ignorance or indifference …

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Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay Jan 2004

Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay

War Crimes Memoranda

No abstract provided.

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The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky Jan 2004

The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky

War Crimes Memoranda

No abstract provided.

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The Paradox Of Private Policing, Elizabeth E. Joh Jan 2004

The Paradox Of Private Policing, Elizabeth E. Joh

Journal of Criminal Law and Criminology

No abstract provided.

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Proportionality Between Crimes, Offenses, And Punishments, James Headley Jan 2004

Proportionality Between Crimes, Offenses, And Punishments, James Headley

St. Thomas Law Review

Blackstone said of the Roman Empire, after it embraced unjust laws, "and then the Empire Fell. The United States Supreme Court embraces unjust laws and is inconsistent regarding substantive due process and proportionality in criminal cases, and substantive due process and proportionality in civil cases. The Due Process Clause and the Eighth Amendment's prohibition against cruel and unusual punishment require proportionality and fairness, meaning that the punishment must fit the crime, and that the penalty must be appropriate to the offense. Throughout a long history of jurisprudence, the Supreme Court has developed or embraced two varying theories of due process …

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Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin Jan 2004

Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin

Articles

No abstract provided.

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Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley Jan 2004

Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley

Nevada Supreme Court Summaries

Clyde Means was charged with one count of open or gross lewdness and three counts of sexual assault upon his nineteen year old son. At trial, the jury was empaneled but the district court conducted a hearing to determine the admissibility of Means’ prior bad acts. Because the district court ruled that the acts were admissible, Means, through his attorneys, negotiated a plea bargain. Means would plead guilty to one count of sexual assault in exchange for dismissal of the other charges. Means was informed that he would face two to twenty years in prison, fines, and be required to …

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The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill Jan 2004

The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill

Seattle University Law Review

In Washington, precedent supports the application of a heightened level of appellate scrutiny to probationary conditions that infringe on fundamental liberties, but this scrutiny is often inconsistently applied and frequently heightened in name alone. This Comment argues that, because the justification for appellate court deference toward the trial courts' creation of probationary conditions has disappeared in the context of SOAP orders, appellate courts faced with such orders should more rigorously examine the trial court decisions. This heightened scrutiny is justified because SOAP orders infringe on the state-recognized right of intrastate travel. Further, based on an examination of the research on …

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You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler Jan 2004

You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler

Seattle University Law Review

Townsend is worth examining for two additional reasons. First, Townsend illustrates the palpable need for the legislature to update the WPA. The underlying problem in Townsend was the application of a statute that was written in the era of rotary telephones to the issues that arise in modem electronic communications. Because of the inherent differences between electronic and traditional media, novel questions invariably arise that cannot be readily answered by resorting to existing doctrines. Finally, the plain language of the current statute has absurd results when applied to the modem infrastructure of the Internet. Part II of this Note discusses …

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Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl Jan 2004

Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl

Villanova Law Review (1956 - )

No abstract provided.

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After Billions Spent To Comply With Hipaa And Glba Privacy Provisions, Why Is Identity Theft The Most Prevalent Crime In America, R. Bradley Mcmahon Jan 2004

After Billions Spent To Comply With Hipaa And Glba Privacy Provisions, Why Is Identity Theft The Most Prevalent Crime In America, R. Bradley Mcmahon

Villanova Law Review (1956 - )

No abstract provided.

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Summary Of Martinez V. State, Scott Whittemore Jan 2004

Summary Of Martinez V. State, Scott Whittemore

Nevada Supreme Court Summaries

Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.

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Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke Jan 2004

Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s post-conviction petition for a writ of habeas corpus to consider whether the district court’s entry of an amended judgment of conviction provided good cause to extend the one-year limitation set forth in NEV. REV. STAT. 34.726(1) for filing a timely post-conviction petition for a writ of habeas corpus.

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Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison Jan 2004

Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison

Nevada Supreme Court Summaries

Petitioner Sam Walker filed a writ of mandamus with the Nevada Supreme Court to challenge a district court order which granted a motion by the State to unseal Walker’s criminal records. The State brought its motion pursuant to Nevada Revised Statute 179.295.

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Summary Of Zabeti V. State, 120 Nev. Adv. Rep. 60, Z. Ryan Pahnke Jan 2004

Summary Of Zabeti V. State, 120 Nev. Adv. Rep. 60, Z. Ryan Pahnke

Nevada Supreme Court Summaries

After the Eighth Judicial District Court denied defendant’s motion to suppress evidence, he was convicted on a jury’s verdict of possession of a controlled substance. Defendant appealed.

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According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca Jan 2004

According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca

War Crimes Memoranda

No abstract provided.

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