Criminal Law Commons^™

Introductory Remarks: Criminal Law Panel, Cynthia V. Ward

William & Mary Law Review

No abstract provided.

The Jurisprudence Of Punishment, Kyron J. Huigens

Articles

No abstract provided.

Sensors And Sensibilities, Kevin Werbach

Cardozo Law Review

No abstract provided.

A Strike At The Heart Of Democracy: Why Legal Challenges To Felon Disenfranchisement Laws Should Succeed, Alysia Robben

University of the District of Columbia Law Review

No abstract provided.

The Defense Of Torture, David Luban

Georgetown Law Faculty Publications and Other Works

No abstract provided.

When The Price Is Too High: Rethinking China's Deterrence Strategy For Robbery, Peter D. Nestor

Washington International Law Journal

Economic property crime in China has soared since the country enacted market reforms in the early 1980s. Robbery rates are rising faster than most economic property crimes, such as larceny and fraud, and violent crimes, such as rape, murder, and assault. China’s strategy for deterrence is to raise the “price” of the crime by increasing the severity of the penalty. Since 1979, China’s criminal law has permitted the use of the death penalty for robbers in nearly all cases, and courts have applied it regularly and in many different types of robbery cases. Since 1983, China has formally engaged in …

Korea's New Prostitution Policy: Overcoming Challenges To Effectuate The Legislature's Intent To Protect Prostitutes From Abuse, Ji Hye Kim

Washington International Law Journal

Prostitution has been rampant in South Korea, exposing tens of thousands of women to abuse and violence. Beginning in 2000, however, women’s rights organizations spearheaded a legal reform campaign to change the nation’s prostitution policy. They drafted and proposed two bills to the National Assembly, which subsequently enacted them as laws. In passing the new legislation, the South Korean government vowed to eliminate prostitution as well as protect victims of exploitation and violence in the sex industry. However, the legislation fails to achieve these goals due to inherent inadequacies in the language and structure of the laws. This shortfall arises …

Terrorism And Trial By Jury: The Vices And Virtues Of British And American Criminal Law, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

British tradition and the American Constitution guarantee trial by jury for serious crime. But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways. First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence. Second, terrorism, at heart a political challenge, may itself politicize a jury. Where nationalist conflict rages, as it does in Northern Ireland, …

Dwi And Drugs: A Look At Per Se Laws For Marijuana, Charles R. Cordova, Jr.

Nevada Law Journal

No abstract provided.

Is Water Property?, Sandra B. Zellmer, Jessica Harder

Faculty Law Review Articles

One of the most controversial issues in natural resources law is whether interests in water are property. In the western United States, water is typically viewed by appropriators as a form of private property, while in the East it is not. In either case, the law is surprisingly unsettled, notwithstanding the important consequences that follow, particularly under constitutional takings jurisprudence. Treating water as property has significant implications for investment, conservation and environmental protection as well. Establishing secure property rights can foster stewardship and wise investment of labor and capital. By the same token, the absence of property ownership can result …

Three Conceptual Problems With The Doctrine Of Joint Criminal Enterprise, Jens David Ohlin

Cornell Law Faculty Publications

This article dissects the Tadic court’s argument for finding the doctrine of joint criminal enterprise in the ICTY Statute. The key arguments are identified and each are found to be either problematic or insufficient to deduce the doctrine from the statute: the object and purpose of the statute to punish major war criminals, the inherently collective nature of war crimes and genocide and the conviction of war criminals for joint enterprises in World War II cases. The author criticizes this overreliance on international case law and the insufficient attention to the language of criminal statutes when interpreting conspiracy doctrines. The …

Transnational Networks And International Criminal Justice, Jenia Iontcheva Turner

Michigan Law Review

The theory of transgovernmental networks describes how government officials make law and policy on issues of global concern by coordinating informally across borders, without legal or official sanction. Scholars have argued that this sort of coordination is useful in many different areas of cross-border regulation, including banking, antitrust, environmental protection, and securities law. One area to which the theory has not yet been applied is international criminal law. For a number of reasons, until recently, international criminal law had not generated the same transgovernmental networks that have emerged in other fields. With few exceptions, international criminal law had been enforced …

Emerging International Criminal Justice, Mark Findlay, Clare Mclean

Research Collection Yong Pung How School Of Law

International criminal justice is sufficiently well established to merit an overview of its origins and institutional development. This paper starts out by identifying the institutional indicia of international criminal justice and their close connection to the development of international human rights protections. Underlying these structural and process signposts is some controversy regarding their motivations. Has formal international criminal justice emerged in response to novel and genuine concerns for the safety of humanity, or is it a manifestation of global governance priorities in post conflict scenarios, regional and international?

Racism, Unreasonable Belief, And Bernhard Goetz, Stephen P. Garvey

Cornell Law Faculty Working Papers

How should the law respond when one person (D) kills another person (V), who is black, because D believes that V is about to kill him, but D would not have so believed if V had been white? Should D be exonerated on grounds of self-defense? The canonical case raising this question is People v. Goetz. Some commentators argue that norms of equal treatment and anti-discrimination require that D’s claim of self-defense be rejected. I argue that denying D’s claim of self-defense would be at odds with the principle that criminal liability should only be imposed on an actor if …

Solving The Lawyer Problem In Criminal Cases, George C. Thomas Iii

Rutgers Law School (Newark) Faculty Papers

We are learning that the vaunted American adversarial system too often fails to protect innocent defendants. Part of the problem is that indigent criminal defenders, in many parts of the country, are overburdened to the point that they cannot always provide an adequate adversarial testing of the State’s case. Part of the problem is the emotional burn out that many defenders experience. A less well known part of the problem is that the very nature of the adversarial mentality too often causes prosecutors to cut corners and thus threaten innocent defendants. “Solving the Lawyer Problem in Criminal Cases,” a 9,000 …

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

ExpressO

The so called “war on terror” provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith’s “American Way,” where Keith sings that “you’ll be sorry that you messed with the USofA, ‘Cuz we’ll put a boot in your ass, It’s the American Way.”

No aspect of the “war on terrorism” more clearly addresses this balance than coercive interrogation. …

Making Crime (Almost) Disappear, George C. Thomas Iii

Rutgers Law School (Newark) Faculty Papers

This essay sketches the outlines of a future world in which crime has been drastically reduced. The author proposes two radical approaches to achieve this crime reduction. Some crimes, like drunk driving, can be almost completely eliminated by using technology to prevent the operation of a vehicle by a driver with a blood alcohol greater than the permissible level. Other crimes, like larceny or burglary of expensive items, can be made extremely easy to solve by requiring the installation of micro chips that will, when activated, broadcast their location to police.

To the objection that it will be expensive to …

The Catch-22 In Prison Privatization: The Problem With The Solution, Ahmed M.T. Riaz

ExpressO

A step into just about any state prison in the United States reveals an institution plagued by over-population, with just about every prison running at more than 100% capacity. The problem, of course, is not new but one that has received great attention. In the past decade or so the solution has been privatization of state prisons. Proponents of privatization have pushed forth the idea that private institutions are the solution to prison overcrowding. However, by looking to for-profit private institutions as a means to resolving the problems of the penal system, are legislators in fact ensuring that the problems …

Hudson And Samson: The Roberts Court Confronts Privacy, Dignity, And The Fourth Amendment, John D. Castiglione

ExpressO

This article critically analyzes Samson v. California and Hudson v. Michigan, which were the Roberts Court's first major Fourth Amendment decisions. In Samson, the Court upheld a California law allowing government officials to search parolees without any suspicion of wrongdoing. In Hudson, to the surprise of almost every observer, the Court held that knock-and-announce violations do not carry with them a remedy of exclusion. What was most notable about Hudson was not only that it rejected what every state and every federal court, save one, believed to be the proper remedy for knock-and-announce violations, but that it called into question …

The Writ Of Habeas Corpus In Georgia, Donald E. Wilkes Jr.

Popular Media

Lauded as "the Great Writ" and praised as "one of the precious heritages of Anglo-American civilization," the legal writ of habeas corpus marvelously triggers a judicial proceeding in which courts may release individuals from unlawful restraints on their liberty. Indeed, this writ has been a part of Georgia law even prior to the creation of the United States. Today Georgia habeas corpus proceedings commonly involve pretrial confinement on criminal charges, detention in a mental health facility, extradition and postconviction cases. Some of these habeas decisions have even taken on human rights landmark status.

Immigration Relief For Survivors Of Domestic Absue, Sexual Assault, Human Trafficking, And Other Crimes: A Violence Against Women Act 2005 Update, Leslye Orloff, Joanne Lin, Ericka Echavarria

Scholarly Articles in Law Reviews & Journals

The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), which President Against and Department Women Bush signed into law on January 5, 2006, built on the 1994 Violence Against Women Act (Title IV of the Violence Crime Control and Law Enforcement Act of 1994) and the 2000 Battered Immigrant Women Protection Act (part of the Victims of Trafficking and Violence Protection Act) by expanding immigration relief to new categories of crime victims.' In this article we discuss the eligibility requirements for VAWA self-petitioning, VAWA cancellation of removal, "U" interim relief for certain immigrant crime victims, …

Terrorism And Relative Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

Terrorist violence and violent justice responses have much in common. While contextually dependant, both forms of violence lay claim to contested legitimacies. The relationships between terrorism and justice responses require both theoretical and empirical examination if the prospects for controlling the violence they perpetrate is to be sharpened.

Remarks: Enron And Multi-Jurisdictional Fraud, John R. Kroger

Cardozo Law Review

No abstract provided.

A Comment On Professor Buell's Paper, Charles Yablon

Cardozo Law Review

No abstract provided.

Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction

Cardozo Law Review

No abstract provided.

Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell

Cardozo Law Review

No abstract provided.

Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb

Cardozo Law Review

No abstract provided.

Negotiated Shame: An Inquiry Into The Efficacy Of Settlement In Imposing Publicity Sanctions On Corporations, Joshua Andrix

Cardozo Law Review

No abstract provided.

Son Of Sam Resurrected: Did Greedy Criminals Unwittingly Give New Life To The “Son Of Sam” Laws?, Arthur M. Ortegon

ExpressO

No abstract provided.

The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin

ExpressO

This comment explores a heavily litigated issue since civil RICO's enactment - its unclear statutory scope and private party standing. To illustrate this issue, this comment explores recent RICO litigation related to the unlawful hiring of undocumented workers as an example of a Congressionally supported application of civil RICO, but in a manner wholly unrelated to organized crime or the mafia. While the Supreme Court has continued to limit civil RICO's outer boundaries, Congress seems to go the complete opposite direction by expanding the statute.