Criminal Law Commons^™

Unpatriotic Acts: An Introduction, Sadiq Reza

NYLS Law Review

No abstract provided.

The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle

NYLS Law Review

No abstract provided.

The Jose Padilla Story, Donna R. Newman

NYLS Law Review

No abstract provided.

Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel

NYLS Law Review

No abstract provided.

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii

NYLS Law Review

No abstract provided.

United States V. Gayle, Christine Aubin

NYLS Law Review

No abstract provided.

United States V. Jarrett, Andres A. Munoz

NYLS Law Review

No abstract provided.

United States V. Irving, Jared Spitalnick

NYLS Law Review

No abstract provided.

Obstructing Justice: The Rise And Fall Of The Aedpa

San Diego Law Review

From 1994 through as late as August 2001, the United States intelligence community1

received information that terrorists had seriously contemplated using airplanes as instruments for carrying out international terrorist attacks.2

This method of attack was clearly “discussed in terrorist circles,” yet community analysts demonstrated little effort to strategically counter such terrorist groups. Moreover, in 1998, U.S. intelligence received specific information that “a group of unidentified Arabs planned to fly an explosive-laden plane from a foreign country into the World Trade Center.” In July 2001, senior government officials were warned of “a significant terrorist attack against U.S. and/or Israeli interests in …

Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner

School of Law Faculty Publications

Cybercrime creates unique challenges for the reactive model of crime control that has been predominant for approximately the last century and a half. That model makes certain assumptions about crime, which derive from characteristics of real-world crime. These assumptions do not hold for cybercrime, so the reactive model is not an appropriate means of dealing with online crime. The article explains how modified principles of criminal law can be utilized to implement a new, non-reactive model which can deal effectively with cybercrime. This model of distributed security emphasizes prevention, rather than reaction, which is achieved by holding citizens liable for …

America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton

Richmond Journal of Law and the Public Interest

America's "War on Drugs" has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant's use or possession of the firearm. Congress amended Section 924 to include the term "possession" several years after the United States Supreme Court's decision in Bailey v. United States. The United States Supreme Court interpreted the "use" requirement of Section …

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The crimes are not any worse than they used to be. They run, as crimes do, from the banal to the barbarous. But punishment seems to have taken on a life of its own.

There are people serving more than twenty years for nonviolent drug offenses. There are people serving more than thirty years for car theft, burglary, and unarmed robbery--crimes for which a harsh sentence used to be ten years. One Oklahoma woman is serving a thirty-five year sentence for "till-tapping"--stealing money out of cash registers--when she was in the throes of a heroin addiction. It is impossible to …

Eroding Confidentiality In Delinquency Proceedings: Should Schools And Public Housing Authorities Be Notified?, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

In this Article, Professor Henning examines how schools and public housing authorities obtain juvenile records and explains how these institutions may use the records to exclude children and their families from the basic benefits of education and housing. Drawing on recent research in the field of developmental psychology, Professor Henning reevaluates early assumptions about adolescents' amenability to treatment and the impact of stigma on children and explores the practical implications of sharing records with schools and public housing authorities, questioning whether new confidentiality exceptions actually will yield the expected benefits of improved public safety. She concludes that legislators should deny …

Folktales Of International Justice, David Luban

Georgetown Law Faculty Publications and Other Works

When Laura Dickinson asked me to participate on this panel, she very nicely said that she hoped I could bring a different perspective to the discussion. I thought I knew what she meant. The other panelists share a profound knowledge of how international criminal-law institutions work. My "different perspective" would therefore be the perspective of abject ignorance.

Taking comfort from the Socratic dictum that there is wisdom in knowing what you do not know, I accepted the invitation because it gives me the opportunity to pose questions rather than proposing answers. I will raise my questions by examining some stories …

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Defenders bear witness to an awful social experiment gone awry. Punishment has taken the place of every other intervention because it is so simple. It divides the world neatly into good people and bad, the worthy and unworthy, victims and perpetrators. Once we punish the bad, the unworthy, the perpetrators, the rest of us can rest easy. We can say that we are different from them. We can wag our finger at them and assert our moral superiority. In this social and political climate, hardly anyone ever asks why. Why did this man or woman end up this way? What …

Toward A Criminal Law For Cyberspace: A New Model Of Law Enforcement?, Susan W. Brenner

School of Law Faculty Publications

This article argues that one consequence of the increasing proliferation of computer technology and the attendant migration of human activities, including illegal activities, into cyberspace is that the efficacy of our traditional approach to enforcing the criminal law is eroding. (1) As Section II explains, it is already apparent that the traditional model is not an effective means of dealing with cybercrime, i.e., crime the commission of which entails the use of computer technology. (2)

We are therefore seeing the emergence of an alternative approach to law enforcement, (3) one that emphasizes collaboration between the public and private sectors and …

Reluctant Participants In Restorative Justice? Youthful Offenders And Their Parents, David R. Karp Phd, Gordon Bazemore

School of Leadership and Education Sciences: Faculty Scholarship

This paper examines offender and parental involvement in the Vermont Juvenile Restorative Panels Program. In this program, juvenile offenders on probation appear before citizen-run boards to negotiate the terms of their probation, which may include apologies, community service, restitution, and competency development tasks. Victims and parents of the offender also participate. This study reports findings from a qualitative analysis of 22 cases, including observations of panel meetings and interviews with program coordinators, offenders, parents, and victims. We find that offenders vary in the level of participation as well as in their willingness to take responsibility. Parents do not understand the …

The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Federalism And The Federal Criminal Law, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Lifting The Veil On Punishment, Stephen P. Garvey

Cornell Law Faculty Publications

When the state punishes a person, it treats him as it ordinarily should not. It takes away his property, throws him in prison, or otherwise interferes with his liberty. Theories of punishment try to explain why such harsh treatment is nonetheless morally permissible, if not morally obligatory. Such theories often seem to take for granted that the state in question is an upright one.

Among other things, the states in which we live fail, one might reasonably believe, to distribute wealth and power fairly among their citizens. Nor are the criminal justice systems they superintend flawless, not least of which …

Post- Gideon Developments In Law And Lawyering, Timothy Everett

Faculty Articles and Papers

No abstract provided.

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

"You Are Entering A Gay And Lesbian Free Zone": On The Radical Dissents Of Justice Scalia And Other (Post-) Queers – [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard Harcourt

Faculty Scholarship

The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in the history of American criminal law, the United States Supreme Court has declared that a supermajoritarian moral belief does not necessarily provide a rational basis for criminalizing conventionally deviant conduct. The Court's ruling is the coup de grâce to legal moralism administered after a prolonged, brutish, tedious, and debilitating struggle against liberal legalism in its various criminal …

Be Careful What You Wish For: Legal Sanctions And Public Safety Among Adolescent Offenders In Juvenile And Criminal Court, Jeffrey Fagan, Aaron Kupchik, Akiva Liberman

Faculty Scholarship

Three decades of legislative activism have resulted in a broad expansion of states' authority to transfer adolescent offenders from juvenile to criminal (adult) courts. At the same time that legislatures have broadened the range of statutes and lowered the age thresholds for eligibility for transfer, states also have reallocated discretion away from judges and instituted simplified procedures that permit prosecutors to elect whether adolescents are prosecuted and sentenced in juvenile or criminal court. These developments reflect popular and political concerns that relatively lenient or attenuated punishment in juvenile court violates proportionality principles for serious crimes committed by adolescents, and is …

A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Mens Rea For The Crime Of Providing Material Resources To A Foreign Terrorist Organization, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

[N]Ot A Story To Pass On: Constructing Mothers Who Kill, Susan Ayres

Faculty Scholarship

Toni Morrison has said in her Nobel acceptance speech, “We die. That may be the meaning of life. But we do language. That may be the measure of our lives.” How we “do language” in judicial decisions about infanticide can perhaps be compared to and informed by fiction such as Toni Morrison’s Beloved.

Beloved provides a fictional account of the life of a historical woman, a slave who escaped to freedom and then attempted to kill all four of her children, successfully killing one when her master came to claim her under the Fugitive Slave Act. In addition to …

Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells

University of Richmond Law Review

No abstract provided.

Gambling With Ethics And Constitutional Rights: A Look At Issues Involved With Contingent Fee Arrangements In Criminal Defense Practice, Adam Silberlight

Seattle University Law Review

This Article attempts to shed light on the use of a contingent fee arrangement in criminal defense, and offers differing views pertaining to this topic. First, this Article will generally describe what a contingent fee is. Second, the role and potential application of the contingent fee in both criminal and civil settings will be discussed. Third, problems associated with such an arrangement in criminal defense practice will be addressed, as will certain positive aspects of such an arrangement. Finally, this article will discuss how lawmakers could address this issue to ensure that contingency arrangements cannot be abused.

Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis

Nevada Supreme Court Summaries

Appeal from a conviction and sentence of death by jury trial in the Eighth Judicial District Court, State of Nevada, finding the Petitioner “guilty of burglary, robbery, first-degree kidnapping, and first degree murder, all committed with the assistance of a child.”