Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type

Articles 241 - 270 of 496

Full-Text Articles in Criminal Law

Whether The Anfal Operations Constitude Genocide, Jessica L. Doinidis Jan 2005

Whether The Anfal Operations Constitude Genocide, Jessica L. Doinidis

War Crimes Memoranda

No abstract provided.


The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon Jan 2005

The Patriot Act And The Wall Between Foreign Intelligence And Law Enforcement, Richard Henry Seamon

Articles

No abstract provided.


An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine Jan 2005

An Exceptional Case: How Washington Should Amend Its Procedure For Imposing An Exceptional Sentence In Response To Blakely V. Washington, Jason Amala, Jason Laurine

Seattle University Law Review

This article reviews the Blakely decision and the Washington Legislature's response in S.B. 5477. Part II discusses the problem that Blakely created for Washington's sentencing guidelines system. Part III analyzes the judicial advisory and bifurcated trial proposals and explains why Washington wisely adopted the bifurcated trial approach. Part IV identifies key issues that are raised by using a bifurcated trial and analyzes how S.B. 5477 addresses, or fails to address, those issues. Finally, Part V concludes by suggesting that the legislature should have provided for the following in its bill responding to the Blakely decision: a provision allowing bifurcation for …


Symposium: Bruce Springsteen And The American Lawyer: "Meanness In This World", Garrett Epps Jan 2005

Symposium: Bruce Springsteen And The American Lawyer: "Meanness In This World", Garrett Epps

All Faculty Scholarship

As part of a symposium on Bruce Springsteen and American law, this essay considers the themes explored by Springsteen in his song "Nebraska," which was inspired by the story of Charles Starkweather and Caril Anne Fugate, two young "lovers" who indulged in a remarkable course of violence in Nebraska during the 1950s. The essay asks to what extent the song, and the story, echo the themes of emigration and displacement that are key elements in the history and current reality of the American West. The essay compares the story of Starkweather and Fugate with the current case of Christian Longo, …


Terrorism: The Politics Of Prosecution, Madeline Morris Jan 2005

Terrorism: The Politics Of Prosecution, Madeline Morris

Faculty Scholarship

No abstract provided.


Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark Jan 2005

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.


Fighting International Crime And Its Financing: The Importance Of Following A Coherent Global Strategy Based On The Rule Of Law, Herbert V. Morais Jan 2005

Fighting International Crime And Its Financing: The Importance Of Following A Coherent Global Strategy Based On The Rule Of Law, Herbert V. Morais

Villanova Law Review (1956 - )

No abstract provided.


After Saddam Hussein’S Trial Begins, What Restrictions, If Any, Can The Supreme Iraqi Criminal Tribunal Place On Both Hussein And His Defense Counsel To Prevent Or Punish Statements Made In Or Out Of Court Inciting The Insurgency In Iraq?, Nicolette Lee Jan 2005

After Saddam Hussein’S Trial Begins, What Restrictions, If Any, Can The Supreme Iraqi Criminal Tribunal Place On Both Hussein And His Defense Counsel To Prevent Or Punish Statements Made In Or Out Of Court Inciting The Insurgency In Iraq?, Nicolette Lee

War Crimes Memoranda

No abstract provided.


Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson Jan 2005

Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson

War Crimes Memoranda

No abstract provided.


Can The Former Iraqi Leaders Responsible For The Establishment Of The Revolutionary Command Council Court And The Ministry Of Interior Special Court, As Well As The Members Of Those Courts Themselves, Be Properly Tried For Crimes Within The Jurisdiction Of The State Of The Iraqi Special Tribunal?, James Zink Jan 2005

Can The Former Iraqi Leaders Responsible For The Establishment Of The Revolutionary Command Council Court And The Ministry Of Interior Special Court, As Well As The Members Of Those Courts Themselves, Be Properly Tried For Crimes Within The Jurisdiction Of The State Of The Iraqi Special Tribunal?, James Zink

War Crimes Memoranda

No abstract provided.


Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan Jan 2005

Can The Iraqi Federal Judiciary Hear Issues On Appeal, That First Arise In An Iraqi Special Tribunal Proceeding? / Is The Denial Of The Right To Appeal To A Nation’S Highest Federal Court A Violation Of Human Rights Norms?, Pratheep Sevanthinathan

War Crimes Memoranda

No abstract provided.


Did The Execution Of Baghdad Merchants In July Of 1992 Amount To Any Crimes Within The Jurisdiction Of The Iraqi Special Tribunal?, Pratheep Sevanthinathan Jan 2005

Did The Execution Of Baghdad Merchants In July Of 1992 Amount To Any Crimes Within The Jurisdiction Of The Iraqi Special Tribunal?, Pratheep Sevanthinathan

War Crimes Memoranda

No abstract provided.


Did The Transitional Assembly Have The Constitutional Powers To Revise The Statute Of The Iraqi Special Tribunal Without Amending The Law Of Administration For The State Of Iraq For The Transitional Period (Tal)?, James T. Tsai Jan 2005

Did The Transitional Assembly Have The Constitutional Powers To Revise The Statute Of The Iraqi Special Tribunal Without Amending The Law Of Administration For The State Of Iraq For The Transitional Period (Tal)?, James T. Tsai

War Crimes Memoranda

No abstract provided.


Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze Jan 2005

Does The Principle Of Complementarity Apply To Security Council Referrals To The Icc?, Reid Perry Swayze

War Crimes Memoranda

[The Sudan Claims That it Does and Seeks to Block the ICC from Investigating and Prosecuting Cases Related to the Darfur by Instituting its Own Investigation and Prosecution]


Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy Jan 2005

Head Of State Immunity And Its Applications In The Prosecution Against The Former Ba’Athish Regime Of Saddam Hussein, Lisa F. Levy

War Crimes Memoranda

No abstract provided.


Immediate Application Of Amendments To The Rules Of Procedure And Evidence Under Rule 6(D) And The Rights Of The Accused, Sean A. Stevens Jan 2005

Immediate Application Of Amendments To The Rules Of Procedure And Evidence Under Rule 6(D) And The Rights Of The Accused, Sean A. Stevens

War Crimes Memoranda

No abstract provided.


Prosecuting Plunder And Pillage Within The Framework Of Internal Armed Conflicts, Amanda J. Perkett Jan 2005

Prosecuting Plunder And Pillage Within The Framework Of Internal Armed Conflicts, Amanda J. Perkett

War Crimes Memoranda

No abstract provided.


The Admissibility Of Acts And Declarations Of A Co-Conspirator In International Criminal Law, Allison L. Carr Jan 2005

The Admissibility Of Acts And Declarations Of A Co-Conspirator In International Criminal Law, Allison L. Carr

War Crimes Memoranda

No abstract provided.


The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler Jan 2005

The Contours Of The Common Purpose / Joint Criminal Enterprise Doctrine Under The Jurisprudence Of The International Tribunals And Article 15(B)(4) Of The Ist Statute, Ruth Mary Hackler

War Crimes Memoranda

No abstract provided.


The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy Jan 2005

The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy

War Crimes Memoranda

No abstract provided.


The Legitimacy Of The Establishment Of The Iraqi Special Tribunal, Erin Page Jan 2005

The Legitimacy Of The Establishment Of The Iraqi Special Tribunal, Erin Page

War Crimes Memoranda

No abstract provided.


The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman Jan 2005

The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman

War Crimes Memoranda

No abstract provided.


The Principle Of Legality And The Iraqi Special Tribunal, Sumit Sud Jan 2005

The Principle Of Legality And The Iraqi Special Tribunal, Sumit Sud

War Crimes Memoranda

No abstract provided.


Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves Jan 2005

Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves

War Crimes Memoranda

No abstract provided.


What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat Jan 2005

What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat

War Crimes Memoranda

No abstract provided.


What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen Jan 2005

What Are The Rules Of National And International Law Regarding The Duty Of Counsel To Raise Issues In A Timely Manner?, Susan Cohen

War Crimes Memoranda

No abstract provided.


With Reference To The Specific Crimes That Have Been Charged In The Indictments Issued By The Special Court For Sierra Leone, To What Extent Do The Elements Of Crimes Of The International Criminal Court Reflect Customary International Law As It Existed At The Time Material To The Indictments? In Other Words, To What Extent Are The Elements Of Crimes Of The International Criminal Court A Reliable Guide As To The Elements Of The Crimes Charged By The Special Court For Sierra Leone? In Cases Where The Elements Of Crimes Of The International Court Depart From Pre-Existing Customary International Law, What Are The Elements Of Crimes That Should Be Applied?, Christopher G. Kuhn Jan 2005

With Reference To The Specific Crimes That Have Been Charged In The Indictments Issued By The Special Court For Sierra Leone, To What Extent Do The Elements Of Crimes Of The International Criminal Court Reflect Customary International Law As It Existed At The Time Material To The Indictments? In Other Words, To What Extent Are The Elements Of Crimes Of The International Criminal Court A Reliable Guide As To The Elements Of The Crimes Charged By The Special Court For Sierra Leone? In Cases Where The Elements Of Crimes Of The International Court Depart From Pre-Existing Customary International Law, What Are The Elements Of Crimes That Should Be Applied?, Christopher G. Kuhn

War Crimes Memoranda

No abstract provided.


Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin Jan 2005

Victim And Witness Provisions Of The Icc Compared To Other International Tribunals, Colin Mclaughlin

War Crimes Memoranda

No abstract provided.


The Crime Victim's Right To Attend The Trial: The Reascendant National Consensus, Douglas Evan Beloof, Paul Cassell Jan 2005

The Crime Victim's Right To Attend The Trial: The Reascendant National Consensus, Douglas Evan Beloof, Paul Cassell

Utah Law Faculty Scholarship

This article contends that crime victims should have an unequivocal right to attend a criminal trial, even in cases where they will be called as witnesses. A victim's right to attend trial has strong historical support, as at common law victims attended trial as private prosecutors. More recently, crime victims' rights legislation passed in the majority of states recognizes the victim's right to attend. Nothing in the Constitution prevents victims from attending trial, and strong public policy reasons support such an approach. Observing the trial can have import therapeutic and other benefits for victims. Any risk of prejudice to a …


Time And Punishment, Russell Christopher Jan 2005

Time And Punishment, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.