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Criminal Law Commons

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2004

Discipline
Institution
Keyword
Publication
Publication Type

Articles 211 - 240 of 406

Full-Text Articles in Criminal Law

At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick Jan 2004

At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick

War Crimes Memoranda

No abstract provided.


Did The Plenary Have The Power To Adopt Rule 11bis?, Vivian M. Hermiz Jan 2004

Did The Plenary Have The Power To Adopt Rule 11bis?, Vivian M. Hermiz

War Crimes Memoranda

No abstract provided.


Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli Jan 2004

Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli

War Crimes Memoranda

No abstract provided.


Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler Jan 2004

Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler

War Crimes Memoranda

No abstract provided.


Hazing And Initiation Rites As International War Crimes, John R. Tullio Jan 2004

Hazing And Initiation Rites As International War Crimes, John R. Tullio

War Crimes Memoranda

No abstract provided.


Is Incitement To Commit Genocide A Continuing Crime Such That Acts Committed Outside The Temporal Jurisdiction Of The Ictr Can Be Considered In Prosecuting An Accused?, Kam F. Siu Jan 2004

Is Incitement To Commit Genocide A Continuing Crime Such That Acts Committed Outside The Temporal Jurisdiction Of The Ictr Can Be Considered In Prosecuting An Accused?, Kam F. Siu

War Crimes Memoranda

No abstract provided.


Is There Authority For Allowing The Statement Of A Dead Witness As To The Acts And Conduct Of The Accused As Charged In The Indictment To Be Admitted In Evidence To The Ictr, Jonathan Luis-Lancho Van Balen Jan 2004

Is There Authority For Allowing The Statement Of A Dead Witness As To The Acts And Conduct Of The Accused As Charged In The Indictment To Be Admitted In Evidence To The Ictr, Jonathan Luis-Lancho Van Balen

War Crimes Memoranda

No abstract provided.


Joint Criminal Enterprise - What Is The Degree Of Participation Required For Conviction? An Exhaustive Memo Of The Jurisprudence On Joint Criminal Enterprise., Christopher J. Knezevic Jan 2004

Joint Criminal Enterprise - What Is The Degree Of Participation Required For Conviction? An Exhaustive Memo Of The Jurisprudence On Joint Criminal Enterprise., Christopher J. Knezevic

War Crimes Memoranda

No abstract provided.


The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum Jan 2004

The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum

War Crimes Memoranda

No abstract provided.


The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell Jan 2004

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.


The Legitimacy Of Article 4(B) And The Status Of Unamsil As Civilians Under The International Law Of Armed Conflict, Christopher M. Mclaughlin Jan 2004

The Legitimacy Of Article 4(B) And The Status Of Unamsil As Civilians Under The International Law Of Armed Conflict, Christopher M. Mclaughlin

War Crimes Memoranda

No abstract provided.


The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak Jan 2004

The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak

War Crimes Memoranda

No abstract provided.


The Reconcilability Of The Nahimana “Media Case” Decision For Direct And Public Incitement To Commit Genocide And Persecution As A Crime Against Humanity With U.S. Free Expression Law, Philip E. Hamilton Jan 2004

The Reconcilability Of The Nahimana “Media Case” Decision For Direct And Public Incitement To Commit Genocide And Persecution As A Crime Against Humanity With U.S. Free Expression Law, Philip E. Hamilton

War Crimes Memoranda

No abstract provided.


To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec Jan 2004

To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec

War Crimes Memoranda

No abstract provided.


Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni Jan 2004

Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni

War Crimes Memoranda

No abstract provided.


Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal Jan 2004

Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal

Nevada Supreme Court Summaries

Appellant Robert McConnell murdered Brian Pierce in August 2002. The State of Nevada charged McConnell with first-degree murder and sought capital sentencing. The State alleged two theories: deliberate, premeditated murder and felony murder during the perpetration of a burglary. McConnell represented himself, pleaded guilty to first-degree murder, and presented a case in mitigation at his penalty hearing. The jury returned a sentence of death. Initially, McConnell moved to waive his appeal but eventually reconsidered and authorized counsel to fully brief all issues on appeal. Specifically, McConnell challenged the propriety of his penalty hearing and death sentence on various grounds. The …


Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore Jan 2004

Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore

Nevada Supreme Court Summaries

Following her conviction for six counts of driving with prohibited substance in blood or urine, one count of use of controlled substance, and one count of possession of controlled substance, petitioner sought writ of habeas corpus.


Section 2254(D) Of The Federal Habeas Statute: Is It Beyond Reason?, Evan Tsen Lee Jan 2004

Section 2254(D) Of The Federal Habeas Statute: Is It Beyond Reason?, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Does Security Council Resolution 1503 That Calls For Referral Of Ictr And Icty Cases To National Jurisdictions (And Which Was Adopted, As Were The Icty And Ictr Statutes, Pursuant To Chapter 7 Of The Charter Of The United Nations, Expand The Jurisdiction Of These Nations Over The Relevant Crimes? If The Language Of The Resolution Is Inadequate, Can It Be Done By A More Explicit Security Council Resolution?, John T. Rotterman Jan 2004

Does Security Council Resolution 1503 That Calls For Referral Of Ictr And Icty Cases To National Jurisdictions (And Which Was Adopted, As Were The Icty And Ictr Statutes, Pursuant To Chapter 7 Of The Charter Of The United Nations, Expand The Jurisdiction Of These Nations Over The Relevant Crimes? If The Language Of The Resolution Is Inadequate, Can It Be Done By A More Explicit Security Council Resolution?, John T. Rotterman

War Crimes Memoranda

No abstract provided.


A Statutory Approach To Criminal Law, Kevin C. Mcmunigal Jan 2004

A Statutory Approach To Criminal Law, Kevin C. Mcmunigal

Faculty Publications

Article suggests that learning about criminal statutes should be incorporated into teaching criminal law.


Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano Jan 2004

Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano

Nevada Supreme Court Summaries

Appellant Margaret Rudin (Rudin) married her husband, Ron, in September of 1987. In January of 1995, Ron’s remains were discovered at Lake Mohave, he apparently had been murdered. Shortly after the discovery of her husband’s body, Rudin boarded a plane to St. Louis, Missouri. On April 17, 1997, Rudin was indicted by the Clark County grand jury on three counts for (1) unauthorized surreptitious intrusion of privacy by listening device, (2) murder with the use of a deadly weapon and (3) accessory to murder. A warrant was then issued for her arrest. Rudin was subsequently apprehended in Massachusetts in November …


Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), Timothy P. O'Neill Jan 2004

Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport Jan 2004

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


The Lost History Of Apprendi And The Blakely Petition For Rehearing, Rory K. Little, Teresa Chen Jan 2004

The Lost History Of Apprendi And The Blakely Petition For Rehearing, Rory K. Little, Teresa Chen

Faculty Scholarship

No abstract provided.


Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein Jan 2004

Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein

Scholarly Works

No abstract provided.


Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli Jan 2004

Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli

Scholarly Works

Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …


What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little Jan 2004

What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little

Faculty Scholarship

No abstract provided.


Sexually Violent Predator Laws: Psychiatry In Service To A Morally Dubious Enterprise, Eric S. Janus Jan 2004

Sexually Violent Predator Laws: Psychiatry In Service To A Morally Dubious Enterprise, Eric S. Janus

Faculty Scholarship

This article discusses the role of psychiatrists in determining the treatment of sexually violent predators (SVP). Instead of being released at the end of their prison sentences, sex offenders in the USA who are judged mentally disordered and dangerous are being confined in secure "treatment facilities" for indeterminate terms. This novel and aggressive legislative tactic—embodied in US sexually violent predator laws—commandeers the traditional power of state mental health systems and puts it in service to a core function of the criminal justice system: the control of sexual violence. This transposition of "civil commitment" has forced psychiatry to legitimate and arbitrate …


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

University of Richmond Law Review

No abstract provided.


Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan Jan 2004

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan

Faculty Scholarship

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the nearly twenty-year old case, New Jersey v. T.L.O. to most school searches. T.L.O. established a lower standard for searches of students by school officials, but it explicitly did not decide what standard the government must meet to justify school searches performed by police officers, creating a doctrinal starting point for advocates to raise challenges to searches involving police. More fundamentally, the T.L.O. Court based its decision on the presumption that firm gates separate public school …