Criminal Law Commons^™

Hanging Captain Gordon: The Life And Trial Of An American Slave Trader, Julie Mujic

History Faculty Publications

Book review by Julie Mujic.

Soodalter, Ron. Hanging Captain Gordon: the life and trial of an American slave trader. New York: Atria Books, 2006.

ISBN 9780743267274

Courts, Cops, Citizens, And Criminals: How Courts Misapply Seibertto Question-First Interrogations And How They Can Fix It, Justin D. Heminger

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch: Upcoming Criminalcases On The 2006-2007 Docket, Criminal Law Brief

American University Criminal Law Brief

No abstract provided.

Criminalizing Internet Gambling: Should Thefederal Government Keep Bluffing Or Fold?, Wesley Scott Ashton

American University Criminal Law Brief

No abstract provided.

The Prosecutor’S Role: A Response To Professor Davis, Randall D. Eliason

American University Criminal Law Brief

No abstract provided.

Escaping A Life Of Abuse: Children Who Kill Their Batterers Andthe Proper Role Of “Battered Child Syndrome” In Their Defense, Julie Rowe

American University Criminal Law Brief

No abstract provided.

Conference Highlight - Panel: From Inmate To Legal Advocate , Kemba Smith

The Modern American

No abstract provided.

Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones

The Modern American

No abstract provided.

Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith

The Modern American

No abstract provided.

Felons, Guns, And The Limits Of Federal Power, 39 J. Marshall L. Rev. 385 (2006), Dean A. Strang

UIC Law Review

No abstract provided.

Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield

UIC Law Review

No abstract provided.

Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona

UIC Law Review

No abstract provided.

Adjudicated On The Merits?: Why The Aedpa Requires State Courts To Exhibit Their Reasoning, 39 J. Marshall L. Rev. 995 (2006), Ezra Spilke

UIC Law Review

No abstract provided.

Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner

UIC Law Review

No abstract provided.

Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys

UIC Law Review

No abstract provided.

Updates From The International Criminal Courts, Mariam Ahmedani, Meghan Stewart, Brianne Mcgonigle, Lizzie Rushing, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Mariam Ahmedani, Anne Heindel, Jeffrey Forbes, Robin Murphy, Leslie Thompson

Human Rights Brief

No abstract provided.

Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn

Journal Articles

No abstract provided.

A Lie For A Lie: False Confessions And The Case For Reconsidering The Legality Of Deceptive Interrogation Techniques, Miriam S. Gohara

Fordham Urban Law Journal

This Article reviews the law on deceptive interrogation practices, discusses empirical evidence of the role police deception plays in eliciting false confessions and argues that the law should circumscribe interrogation techniques that rely on misrepresentation to induce suspects into incriminating themselves. This Article also asserts that there are good policy reasons, in addition to the increasing exposure of wrongful convictions, which should encourage courts and legislators to proscribe the use of deception by law enforcement in a criminal justice system expressly designed to elicit the truth about a crime.

Loyalt's Reward - A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs

Fordham Urban Law Journal

This Article analyzes white-collar female crime and compares several high profile cases to those of regular female offenders. It uses government statistical data on female crime to paint a portrait of the female offender. It then compares the prosecution of "street-level" and white-collar female offenders. The Article discusses the prosecutions of Martha Stewart, Betty, Vinson, and Lea Fastow. The Article argues that these women often share a similar trait of committing the crime out of loyalty to a man engaged in wrong-doing.

Assessing Legal Responses To Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes Than Punitive Responses, Elizabeth E. Coleman, Monica K. Miller

Journal of Law and Health

Expressing a growing concern for fetal well being, the 2006 Idaho Senate passed legislation that permits criminal charges to be brought against women who abuse illegal drugs while pregnant. This bill allows for the potential incarceration of violators for up to five years, as well as a possible $50,000 fine. In some locations, women have the option of choosing to go to drug court instead of serving time in jail or prison. These drug courts provide drug treatment, case management, drug testing, and supervision, while requiring women who abuse illegal drugs to regularly report to scheduled status hearings before a …

Inconsistent Methods For The Adjudication Of Alleged Mentally Retarded Individuals: A Comparison Of Ohio's And Georgia's Post-Atkins Frameworks For Determining Mental Retardation, Scott R. Poe

Cleveland State Law Review

This Note compares Ohio's and Georgia's post-Atkins frameworks for determining mental retardation. Ohio's framework offers a fairer application of Atkins and should serve as a guide for a national legal standard for use by state trial courts to determine mental retardation. Specifically, Ohio's use of preponderance of the evidence is a more appropriate standard of proof for determining mental retardation because it better reaches the overall goal in Atkins. Allowing the judge to make the mental retardation determination protects the alleged mentally retarded defendant from potential jury bias. Because Ohio's and Georgia's definitions of mental retardation are substantially similar and …

Aedpa Statute Of Limitations: Is It Tolled When The United States Supreme Court Is Asked To Review A Judgment From A State Post-Conviction Proceeding, Diane E. Courselle

Cleveland State Law Review

This thirty-seven word provision [the tolling provision in the Antiterrorism and Effective Death Penalty Act] has been construed by the United States Supreme Court three times since 1996, and yet several questions remain unanswered. One such unanswered question is whether tolling occurs when a petitioner files a petition for writ of certiorari to the United State Supreme Court from the state court postconviction decision. In other words, does seeking the United States Supreme Court's review from a state court's final decision on an "application for State post-conviction or other collateral review" keep the state post-conviction application "pending?" That is the …

Booker And Our Brave New World: The Tension Among The Federal Sentencing Guidelines, Judicial Discretion, And A Defendant's Constitutional Right To Trial By Jury, Kristina Walter

Cleveland State Law Review

This Note examines the inherent conflict among the Federal Sentencing Guidelines, judicial discretion, and a defendant's Sixth Amendment right to a trial by jury. Part two of this Note will provide a historical overview of the Guidelines. Part three will discuss the application of the Guidelines and the role of juries and judges at sentencing hearings. Part four will highlight criticisms relating to how the Guidelines often usurp power from juries and judges. Part five will examine the milestone cases of Blakely v. Washington, United States v. Booker, and United States v. Fanfan (hereinafter "Booker" refers to the combined cases …

Are Civilian Informants From Al Dujayl Liable Before The Iht?, Kevin Pendergast

War Crimes Memoranda

No abstract provided.

Multi-Jurisdictional And Successive Prosecution Of Environmental Crimes: The Case For A Consistent Approach, John F. Cooney

Journal of Criminal Law and Criminology

No abstract provided.

Stevens's Ratchet: When The Court Should Decide Not To Decide, Joel A. Flaxman

Michigan Law Review First Impressions

Hidden underneath the racy death penalty issues in Kansas v. Marsh lurks a seemingly dull procedural issue addressed only in separate opinions by Justices Stevens and Scalia: whether the Court should have heard the case in the first place. As he did in three cases from the Court’s 2005 term, Justice Stevens argued in Marsh that the Court has no legitimate interest in reviewing state court decisions that overprotect federal constitutional rights. Instead, the Supreme Court should exercise its certiorari power to tip the scales against states and in favor of individuals. Granting certiorari in Marsh, Stevens argued, was not …

The High Court Remains As Divided As Ever Over The Death Penalty, George H. Kendall

Michigan Law Review First Impressions

More than three decades ago, in Furman v. Georgia, a sharply divided Supreme Court struck down all existing capital punishment schemes be-cause the results they generated were arbitrary, discriminatory, and unreasoned. No member of that Court remains on the Court today, and the Court has grown increasingly conservative ever since. Nevertheless, impor-tant questions concerning the administration of capital punishment continue to wrought deep divisions within the Court, for instance in determining whether racial bias influences the system, in determining the sufficiency of new evidence of innocence to justify review of a defaulted claim in habeas corpus proceedings, in determining a …

Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen

Michigan Journal of Gender & Law

The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of those words …

Putting The Guesswork Back Into Capital Sentencing, Sean D. O'Brien

Michigan Law Review First Impressions

In 1972, in Furman v. Georgia, the Supreme Court deemed it “incon-testable” that a death sentence is cruel and unusual if inflicted “by reason of [the defendant’s] race, religion, wealth, social position, or class, or if it is imposed under a procedure that gives room for the play of such prejudices.” Arbitrary and discriminatory patterns in capital sentencing moved the Court to strike down death penalty statutes that required judges or juries to cast thumbs-up or thumbs-down verdicts against offenders found guilty of capi-tal crimes. The issue of innocence was barely a footnote in Furman; the Court’s concerns focused on …