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Criminal Law Commons

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2007

Discipline
Institution
Keyword
Publication
Publication Type

Articles 211 - 240 of 440

Full-Text Articles in Criminal Law

The “Exceptionally Troubling” Murder Conviction Of Jose Garcia, Matthew Bosher Jan 2007

The “Exceptionally Troubling” Murder Conviction Of Jose Garcia, Matthew Bosher

American University Criminal Law Brief

No abstract provided.


A Discussion Of “The American Prosecutor: Power Discretion Andaccountability”, Vanessa Martin Jan 2007

A Discussion Of “The American Prosecutor: Power Discretion Andaccountability”, Vanessa Martin

American University Criminal Law Brief

No abstract provided.


Editorial:State V. Defendant V. Victim: The Potential Problem When Victimsenter An Appearance In Criminal Cases, Kendra Mullin Jan 2007

Editorial:State V. Defendant V. Victim: The Potential Problem When Victimsenter An Appearance In Criminal Cases, Kendra Mullin

American University Criminal Law Brief

No abstract provided.


Now Performing In A Courtroom Near You: The Elderlyeyewitness! To Believe Or Not To Believe That Is The Question, John W. Clark Iii, Roger Enriquez Jan 2007

Now Performing In A Courtroom Near You: The Elderlyeyewitness! To Believe Or Not To Believe That Is The Question, John W. Clark Iii, Roger Enriquez

American University Criminal Law Brief

No abstract provided.


Unveiling Informant Testimony: Theunconstitutionality Of The Jencks Act, Stephen C. Leckar Jan 2007

Unveiling Informant Testimony: Theunconstitutionality Of The Jencks Act, Stephen C. Leckar

American University Criminal Law Brief

No abstract provided.


Legislative Updates Jan 2007

Legislative Updates

The Modern American

No abstract provided.


The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan Jan 2007

The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan

Seattle University Law Review

Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.


Who Is Entitled To Survivor Benefits From Erisa Plans?, 40 J. Marshall L. Rev. 919 (2007), Albert Feuer Jan 2007

Who Is Entitled To Survivor Benefits From Erisa Plans?, 40 J. Marshall L. Rev. 919 (2007), Albert Feuer

UIC Law Review

No abstract provided.


Curing The Bop Plague With Booker: Addressing Inadequate Medical Treatment In The Bureau Of Prisons, 41 J. Marshall L. Rev. 219 (2007), Natalie Hinton Jan 2007

Curing The Bop Plague With Booker: Addressing Inadequate Medical Treatment In The Bureau Of Prisons, 41 J. Marshall L. Rev. 219 (2007), Natalie Hinton

UIC Law Review

No abstract provided.


Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper Jan 2007

Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper

UIC Law Review

No abstract provided.


Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave Jan 2007

Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave

Michigan Journal of Gender & Law

This Essay describes the history of the querela in Italy and explores the controversy surrounding the decision to maintain this institution. In addition, this Essay questions the degree to which the querela can protect victim agency when the attitudes of judges and lawyers in the Italian criminal justice system reflect persistent rape myths.


Criminal Justice And The Challenge Of Family Ties, Dan Markel, Jennifer M. Collins, Ethan J. Leib Jan 2007

Criminal Justice And The Challenge Of Family Ties, Dan Markel, Jennifer M. Collins, Ethan J. Leib

Faculty Journal Articles and Book Chapters

This Article asks two basic questions: When does, and when should, the state use the criminal justice apparatus to accommodate family ties, responsibilities, and interests? We address these questions by first revealing a variety of laws that together form a string of family ties subsidies and benefits pervading the criminal justice system. Notwithstanding our recognition of the important role family plays in securing the conditions for human flourishing, we then explain the basis for erecting a Spartan presumption against these family ties subsidies and benefits within the criminal justice system. We delineate the scope and rationale for the presumption and …


Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman Jan 2007

Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.


The Danger Of Future Dangerousness In Death Penalty Use, Brian Sites Jan 2007

The Danger Of Future Dangerousness In Death Penalty Use, Brian Sites

Faculty Scholarship

In spite of thousands of years of science, humankind is distinctly unable to predict the future. And yet, the judicial system is called upon to do just so daily. In bail considerations, judges predict flight risk. In parole hearings, officials contemplate the likelihood of reoffense. And in three states, a defendant convicted of a capital crime will live or die based on what a judge and jury thinks he will do in an unknown future. It has been observed that “what separates the executioner from the murderer is the legal process by which the state ascertains and condemns those guilty …


Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt Jan 2007

Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt

Maryland Law Review

No abstract provided.


Distinguishing Forced Marriage As A Separate Crime Against Humanity Specifically Addressing The Question As To Whether Jurisprudence Exists To Support The Crime Of Forced Marriage As Separate From Sexual Slavery And If So, How The Elements Of The Two Crimes Differ. In Addition, Whether Forced Marriage Is Unique From Other Enslavement Crimes., Michelle Marie Celli Jan 2007

Distinguishing Forced Marriage As A Separate Crime Against Humanity Specifically Addressing The Question As To Whether Jurisprudence Exists To Support The Crime Of Forced Marriage As Separate From Sexual Slavery And If So, How The Elements Of The Two Crimes Differ. In Addition, Whether Forced Marriage Is Unique From Other Enslavement Crimes., Michelle Marie Celli

War Crimes Memoranda

No abstract provided.


Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky Jan 2007

Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky

Journal of Criminal Law and Criminology

No abstract provided.


Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani Jan 2007

Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani

Journal of Criminal Law and Criminology

No abstract provided.


Why The County Jail Is Often A Better Choice, Shawn Chapman Holley Jan 2007

Why The County Jail Is Often A Better Choice, Shawn Chapman Holley

Michigan Law Review First Impressions

I have been a criminal defense lawyer in Los Angeles for almost twenty years. I began my career in the Los Angeles County Public Defender’s Office, representing defendants who were poor and often homeless. For the past twelve years, I have been in private practice, representing defendants who are wealthy and often famous. Having represented criminal defendants coming from such varied economic circumstances, I have witnessed firsthand the criminal justice system’s disparate treatment of those with money and those without. Pay-to-stay jails are yet another example of that disparity. Yet I believe that those without the money to pay for …


Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell Jan 2007

Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell

Faculty Scholarship

Present sentencing law in criminal cases of financial reporting fraud is embarrassingly flawed. The problem is urgent given that courts are now regularly sentencing corporate offenders, sometimes (but sometimes not) to extremely punitive terms of imprisonment. Policing of fraud by multiple jurisdictions in a federal system means that principled sentencing law is necessary not only for first-order policy reasons but also for coordination of sanctioning efforts. Proportionality and rationality demand that sentencing law have an agreed scale for measuring cases of financial reporting fraud in relation to each other, a sound methodology for fixing a given case on that scale, …


Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery Jan 2007

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

Faculty Scholarship

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …


Is Corporate Criminal Liability Unique?, Sara Sun Beale Jan 2007

Is Corporate Criminal Liability Unique?, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller Jan 2007

Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller

Faculty Scholarship

No abstract provided.


Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson Jan 2007

Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson

Villanova Law Review (1956 - )

No abstract provided.


A Memorandum In Support Of The Brdjanin Decision On Interlocutory Appeal Regarding The Application Of The Theory Of Responsibility Under The Third Category Of Joint Criminal Enterprise Vis-À-Vis The Crime Of Genocide, Michelle Oliver Jan 2007

A Memorandum In Support Of The Brdjanin Decision On Interlocutory Appeal Regarding The Application Of The Theory Of Responsibility Under The Third Category Of Joint Criminal Enterprise Vis-À-Vis The Crime Of Genocide, Michelle Oliver

War Crimes Memoranda

No abstract provided.


Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin Jan 2007

Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin

War Crimes Memoranda

No abstract provided.


Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd Jan 2007

Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd

War Crimes Memoranda

No abstract provided.


Discuss The Relationship Between Command Responsibility And Jce3. Address Specifically The Argument That If Jce3 Applies Then Any Acts Of Violence Committed By Service Members Against Civilians (Such As Rape) Will Be War Crimes Because Such Acts Are Foreseeable During War. Also Address Whether The Approach Of Applying Jce3 To War Crimes Dictates That Commanders Will Always Be War Criminals When Pursuing A War., Meredith Wood Bowen Jan 2007

Discuss The Relationship Between Command Responsibility And Jce3. Address Specifically The Argument That If Jce3 Applies Then Any Acts Of Violence Committed By Service Members Against Civilians (Such As Rape) Will Be War Crimes Because Such Acts Are Foreseeable During War. Also Address Whether The Approach Of Applying Jce3 To War Crimes Dictates That Commanders Will Always Be War Criminals When Pursuing A War., Meredith Wood Bowen

War Crimes Memoranda

No abstract provided.


How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond Jan 2007

How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond

War Crimes Memoranda

No abstract provided.


In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett Jan 2007

In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett

War Crimes Memoranda

No abstract provided.