Criminal Law Commons^™

The Presumption Of Guilt And The English Law Of Theft, 1750-1850, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

"When it is said that a defendant to a criminal charge is presumed to be innocent, what is really meant is that the burden of proving his guilt is upon the prosecution. This golden thread ... runs through the web of the English criminal law. Unhappily Parliament regards the principle with indifference - one might almost say with contempt. The statute book contains many offences in which the burden of proving his innocence is cast on the accused." (Glanville Williams, The Proof of Guilt: A Study of the English Criminal Trial (1955))

No principle in Anglo-American criminal law is more …

The History Of Wrongful Execution, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

Since the refinement of forensic DNA analysis in the early 199os, the problem of "wrongful execution" -the execution of persons who are actually innocent or the risk that such persons might be executed-has received considerable attention from scholars, legal practitioners, politicians, jurists, and social activists. The history of wrongful execution, however, remains unwritten.

This Article demonstrates that the problem of wrongful execution, although often considered to be a modern-day concern, preoccupied leading Anglo-American legal commentators in the seventeenth and eighteenth centuries. Troubled by several notorious instances of wrongful execution, prominent writers such as Matthew Hale and William Blackstone urged courts …

Summary Of Garcia V. State , Justin L. Carley

Nevada Supreme Court Summaries

Ramon Garcia appealed his convictions for: (1) burglary while in possession of a firearm, (2) robbery with the use of a deadly weapon, (3) first-degree kidnapping, 4. conspiracy to commit burglary, (5) another burglary while in the possession of a firearm, 6. conspiracy to commit robbery, (7) attempted robbery with the use of a deadly weapon, and 8. false imprisonment. Garcia argued that: (1) the jury instruction on false imprisonment was improper, (2). the state presented insufficient evidence to support a verdict on kidnapping and false imprisonment, (3) the district court erroneously failed to hold a hearing on his motion …

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher

Human Rights Brief

No abstract provided.

Keynote Address: Integrating The Work Of The Icc Into Local Justice Initiatives, Luis Moreno-Ocampo

American University International Law Review

No abstract provided.

Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher

American University International Law Review

No abstract provided.

Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison

The Modern American

No abstract provided.

Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel

UIC Law Review

No abstract provided.

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.

Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil

Michigan Journal of Gender & Law

Human trafficking is becoming the fastest growing criminal activity in the world. Generally, trafficking is defined as the transportation of persons across international borders for labor purposes, by means of force, fraud, or coercion. Commerce directly related to human slavery yields approximately $7-$10 billion a year, trailing only behind drugs and weapons trade for international profit. According to recent congressional findings, over 700,000 human beings are trafficked across international borders each year, including approximately 50,000 women and children into the United States. Women and girl children are the primary targets for sexual exploitation into prostitution, pornography, sex tourism, and other …

Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza

American University International Law Review

No abstract provided.

Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier

American University International Law Review

No abstract provided.

Pornography As Trafficking, Catharine A. Mackinnon

Michigan Journal of International Law

In material reality, pornography is one way women and children are trafficked for sex. To make visual pornography, the bulk of the industry's products, real women and children, and some men, are rented out for use in commercial sex acts. In the resulting materials, these people are then conveyed and sold for a buyer's sexual use. Obscenity laws, the traditional legal approach to the problem, do not care about these realities at all. The morality of what is said and shown remains their focus and concern. The injuries inflicted on real people to make the materials, or because they are …

Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan

Nevada Supreme Court Summaries

Petitioner, seeking a writ of mandamus, contended that the district court abused its discretion by awarding defendant credit against her prison sentence for time served on house arrest as a condition of bail.

Summary Of Wright V. Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 14, Scott Mcdonald

Nevada Supreme Court Summaries

The defendant appealed the Department of Motor Vehicles’ (DMV) revocation of his driver’s license because he believed the arresting officer was without reasonable grounds for ordering an evidentiary blood alcohol test.2 Defendant also challenged the reliability of the field sobriety test (“FST”) as administered and questioned whether the DMV revoked his privileges with proper authority.3

Toward True Shalom Bayit: Acknowledging Domestic Abuse In The Jewish Community, Lydia M. Belzer

Cardozo Journal of Equal Rights & Social Justice

The article examines the intersection of domestic abuse and Jewish law, focusing on how religious teachings, such as the concept of shalom bayit (peace in the home), are often misused to justify remaining in abusive relationships. It highlights the barriers women face in obtaining a religious divorce (get) and the stigma associated with domestic abuse (shonda), which discourages victims from seeking help. The analysis critiques the misuse of religious laws and advocates for reinterpretation to prioritize victims' safety and well-being. The article emphasizes the need for education, awareness, and improved support systems within the Jewish community to address these issues …

Updates From The International Criminal Courts, Nicolas M. Rouleau, Annelies Brock, Daisy Yu, Anne Heindel, Mario Cava, Tejal Jesrani

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Mario Cava, Tejal Jesrani, Christian De Vos, Anna Triponel, Anne Heindel

Human Rights Brief

No abstract provided.

Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry

Human Rights Brief

No abstract provided.

De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.

Beyond Bandaids: A Proposal For Reconfiguring Federal Sentencing After Booker, Frank O. Bowman Iii

Faculty Publications

This Article proposes a simplified sentencing table consisting of nine base sentencing ranges, each subdivided into three sub-ranges. The base sentencing range would be determined by combining offense facts found by a jury or admitted in a plea with the defendant's criminal history. A defendant's placement in the sub-ranges would be determined by post-conviction judicial findings of sentencing factors. No upward departures from the base sentencing range would be permissible, but defendants might be sentenced below the low end of the base sentencing range as a result of an acceptance of responsibility credit or due to a downward departure motion. …

Policing The Police: The Role Of The Courts And The Prosecution, Steven Zeidman

Fordham Urban Law Journal

This Article focuses on how, and whether, the component parts of the courts - judges, court administrators, and prosecutors - promote justice by actively and critically monitoring or overseeing the police. The author focuses on one of the most common forms of police corruption facing the criminal justice system - what has been termed "falsifications" which includes testimonial perjury, documentary perjury and falsification of police records. The author reflects on what judges and prosecutors have done to combat this form of police corruption and offers ways in which the actors within the criminal justice system can be more effective.

Ohio's Sex Offender Residency Restriction Law: Does It Protect The Health And Safety Of The State's Children Or Falsely Make People Believe So, Margaret Troia

Journal of Law and Health

The fact of the matter is that residency laws often force all registered sex offenders to pay the price for a few high-profile cases and the public's fear and beliefs regarding sex offenders is often misguided and not well-founded. Sex offender residency laws may actually increase recidivism rates while placing unjustified burdens on sex offenders and their family members. Furthermore, because these laws target stranger perpetrators, they do not prevent the majority of sex crimes committed by acquaintances or family members of the victim. This results in parents being lulled into a false sense of security that their children are …

Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes

Cleveland State Law Review

This note contends that Ohio should join the modern trend and allow expert testimony on the battered woman syndrome in a limited form in domestic violence prosecutions. Part II of this note explores the syndrome and its origins. Part III provides background on the evidentiary uses of the syndrome in Ohio. It discusses the emergence of the battered woman syndrome in Ohio courts, and then examines the unsuccessful initial attempts by prosecutors in Ohio to use expert testimony on the syndrome.Part IV looks at how several jurisdictions outside of Ohio have addressed this issue. Part V presents the argument that …

Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article considers the Supreme Court's suggestion and recommends a mechanism to regulate the virtual pornography market in a manner that balances the rights of virtual pornographers with the prosecution of actual child pornographers. Part II traces the events leading up to the Free Speech decision, commencing with the enactment of the Child Pornography Prevention Act of 1996 (CPPA). Part III discusses the Free Speech opinion and the post-Free Speech cases. Part IV examines the PROTECT Act--the legislative response to the Supreme Court's decision. Part V concludes that regulation of the virtual pornography industry is the most effective method of …

Historical Roots Of Regional Sentencing Variation, The Symposium, Ian Weinstein

Faculty Scholarship

I am a law professor and a criminal defense lawyer, not a historian. It is with some trepidation that I stand before you to suggest that our very persistent regional sentencing variations have roots in the political struggles of Reformation England and the cultures of the subgroups that populated the first American colonies. I rely upon others for the historical proof, as you will see, but I think I do have standing to argue to you that we should consider whether or not there is room, even in federal sentencing, to account for deeply embedded regional variations in our basic …

Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann

Maryland Law Review

Millemann surveys the legal remedies that convicted persons in Maryland have, focuses on the remedies provided by the Uniform Post Conviction Procedures Act, identifies several problems with the application of the Act - including the courts' overuse of the waiver provisions and failures to more fully develop and use exceptions to waiver, and argues that state courts have a special responsibility to protect the rights of prisoners given the general disengagement by federal courts.

Analyze The Judgment Of The Prosecutor V. Brdjanin From The Icty Re: Joint Criminal Enterprise. How Does This Holding Affect The Future Use Of Joint Criminal Enterprise?, Hilary Garon Brock

War Crimes Memoranda

No abstract provided.