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Articles 391 - 420 of 496
Full-Text Articles in Criminal Law
Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg
Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg
Journal of Criminal Law and Criminology
No abstract provided.
When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg
When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg
Journal of Criminal Law and Criminology
No abstract provided.
Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman
Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman
Journal of Criminal Law and Criminology
No abstract provided.
The Sui Generis Infallible Sniffing Dog And Other Legal Fictions: Illinois Vs. Caballes, Jerry E. Norton
The Sui Generis Infallible Sniffing Dog And Other Legal Fictions: Illinois Vs. Caballes, Jerry E. Norton
Faculty Publications & Other Works
No abstract provided.
Reforming The Federal Sentencing Guidelines’ Misguided Approach To Real-Offense Sentencing, David N. Yellen
Reforming The Federal Sentencing Guidelines’ Misguided Approach To Real-Offense Sentencing, David N. Yellen
Faculty Publications & Other Works
No abstract provided.
Class Action Settlements: An Opt-In Proposal, John Bronsteen
Class Action Settlements: An Opt-In Proposal, John Bronsteen
Faculty Publications & Other Works
No abstract provided.
Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David N. Yellen
Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David N. Yellen
Faculty Publications & Other Works
No abstract provided.
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
University of Miami Law Review
No abstract provided.
Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein
Faculty Scholarship
This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary E. Berkheiser
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary E. Berkheiser
Scholarly Works
Nevada Supreme Court Justice Miriam Shearing retired at the end of her second term on January 4, 2005. Over the nearly thirty years of her very public life on the bench, many have written of her accomplishments as the firs woman to enter the brotherhood of the Nevada judiciary. With Justice Sharing’s retirement, the time is ripe for an examination of her judicial decisions during the twelve years she served on the Nevada Supreme Court. The analysis here provides one perspective on her body of work. It begins, as it must, with a glimpse into the person behind the work.
Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett
Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett
Scholarly Works
The New Jersey Institute for Social Justice prepared this report in response to concerns about child support debt—in particular as it creates a barrier to employment for low-income parents and works at cross-purposes with the goals of the child support program. Drawing on examples from other states, this report identifies a range of policies that inform child support practice in New Jersey and offers administrative, legislative, and programmatic solutions to address child support arrears owed by low-income and incarcerated parents.
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Animal Law Review
North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.
Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood
Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood
Animal Law Review
Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.
Refocusing On Women: A New Direction For Policy And Research On Intimate Partner Violence, Lisa A. Goodman, Deborah Epstein
Refocusing On Women: A New Direction For Policy And Research On Intimate Partner Violence, Lisa A. Goodman, Deborah Epstein
Georgetown Law Faculty Publications and Other Works
A key question facing researchers of intimate partner violence is how the real-life contexts of victims’ lives should affect state policy. The bulk of recently adopted and much touted criminal justice reforms have taken the form of relatively inflexible, one-size-fits-all mandatory responses focused on counseling, restraining, and punishing batterers. Even the protection order system relies far more heavily on batterer treatment programs than on victim support to prevent future violence. Together, these reforms have largely sacrificed the contextualized, woman-centered focus from which the anti-domestic violence movement originated. Recently, however, a small body of research has emerged indicating that responding flexibly …
The "Monster" In All Of Us: When Victims Become Perpetrators, Abbe Smith
The "Monster" In All Of Us: When Victims Become Perpetrators, Abbe Smith
Georgetown Law Faculty Publications and Other Works
In this Essay, I will discuss the "cycle of violence”, that transforms victims into perpetrators, focusing on the Aileen Wuornos case. I will examine the odd lack of support for Wuomos and others like her as soon as they become perpetrators. I will then talk about men and boys who have been sexually abused and become perpetrators. I will conclude by arguing that the prevailing feminist approach to crime and violence has been too narrowly focused on victims, and has - witting or not - contributed to the nation's extraordinary and exclusive turn to punishment over the past three decades.
Community Self Help, Neal K. Katyal
Community Self Help, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
This paper advocates controlling crime through a greater emphasis on precautions taken not by individuals, but by communities. The dominant battles in the literature today posit two central competing models of crime control. In one, the standard policing model, the government is responsible for the variety of acts that are necessary to deter and prosecute criminal acts. In the other, private self-help, public law enforcement is largely supplanted by providing incentives to individuals to self-protect against crime. There are any number of nuances and complications in each of these competing stories, but the literature buys into this binary matrix.
Loyalty, Paternalism, And Rights: Client Counseling Theory And The Role Of Child's Counsel In Delinquency Cases, Kristin N. Henning
Loyalty, Paternalism, And Rights: Client Counseling Theory And The Role Of Child's Counsel In Delinquency Cases, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
This Article seeks to identify an attorney-child framework that will (1) give substantive meaning to the child's constitutional right to counsel in delinquency cases, (2) satisfy the ethical mandates of the Model Rules of Professional Conduct, (3) have the flexibility to accommodate cognitive limitations while enhancing the decisionmaking capacity of children and adolescents, and (4) engage parents in various aspects of the delinquency case without compromising the sanctity of the attorney-client relationship or sacrificing the fundamental rights, dignity, and autonomy of the child client.
The Ictr And Justice For Rwandan Women, Mark A. Drumbl
The Ictr And Justice For Rwandan Women, Mark A. Drumbl
Scholarly Articles
In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Law Faculty Scholarship
Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who …
Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies
Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies
Law Faculty Scholarship
Prosecutors face the continual temptation to overreach in decisions about the control of information. At each phase of a criminal proceeding, from investigation through trial, prosecutors make crucial decisions about information to disclose and highlight with courts, juries, and the public. In ordinary times, courts, defense counsel, the media, and internal sources of oversight can place some constraints, however tenuous, on the prosecutor’s efforts to monopolize the management of information. However, external events, such as the attacks of September 11, 2001, can weaken these constraints, producing alarming spikes in prosecutorial power.
Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone
Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.
The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman
The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman
Cardozo Journal of Equal Rights & Social Justice
The article explores the intersection of biology, genetics, and gender, emphasizing the need for a cautious and informed approach when integrating scientific findings into legal and social policies. It highlights the historical misuse of science to justify discrimination and advocates for a nuanced understanding that balances genetic insights with ethical considerations. The author proposes moving beyond a one-size-fits-all model of equality to one that accommodates differences, ensuring equitable opportunities for all.
Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman
Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman
Cardozo Journal of Equal Rights & Social Justice
The Rockefeller Drug Laws of 1973, among the harshest in the nation, have failed to reduce drug trafficking or abuse and have instead led to unjust outcomes, disproportionately impacting racial minorities and women. These laws, which mandate draconian sentences based solely on drug type and quantity, tie judges' hands and prioritize incarceration over treatment, despite evidence that treatment is more cost-effective and reduces recidivism. Recent reforms offer some progress, but significant systemic changes are needed to address the laws' ongoing harm and restore judicial discretion in sentencing.
Recent Supreme Court Decisions Pave The Way For Congressional Discussion On Sentencing Guidelines, Aisha Cornelius
Recent Supreme Court Decisions Pave The Way For Congressional Discussion On Sentencing Guidelines, Aisha Cornelius
Public Interest Law Reporter
No abstract provided.
New Law Seeks To Treat The Mentally Ill, Reduce Crime, Suzanne Blaz
New Law Seeks To Treat The Mentally Ill, Reduce Crime, Suzanne Blaz
Public Interest Law Reporter
No abstract provided.
The Future For Victims Of Violence: Will Vawa Be Renewed?, Jamie Friye
The Future For Victims Of Violence: Will Vawa Be Renewed?, Jamie Friye
Public Interest Law Reporter
No abstract provided.
Judicial Safety: A Judge's Perspective, Wayne R. Andersen Judge, Sameh I. Mobarek, John M. Richardson
Judicial Safety: A Judge's Perspective, Wayne R. Andersen Judge, Sameh I. Mobarek, John M. Richardson
Public Interest Law Reporter
No abstract provided.
Recent Study Highlights U.S. Ex-Felon Disenfranchisement Crisis, Aisha Cornelius
Recent Study Highlights U.S. Ex-Felon Disenfranchisement Crisis, Aisha Cornelius
Public Interest Law Reporter
No abstract provided.