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Articles 241 - 270 of 440
Full-Text Articles in Criminal Law
Individual Liability For Those Who Establish Or Control Instruments Of Government Specifically Addressing The Argument To What Extent, And How Far Can Reliance On An Accused’S Participation In The Establishment And/Or Control Of The Instruments Of Government That Spearheaded/Masterminded A Genocide And Other International Crimes, Take The Prosecutor In Establishing The Criminal Culpability Of An Accused?, William Clifford Ferrell
War Crimes Memoranda
No abstract provided.
Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison
Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison
War Crimes Memoranda
No abstract provided.
Prosecuting The Crime Of Destruction Of Cultural Property. Specifically Addressing Whether The 1954 Hague Convention For The Protection Of Cultural Property In The Event Of An Armed Conflict Allows For The Eccc To Prosecute The Crime Of Destruction Of Cultural Property And Determining What Are The Elements Of Such A Crime., Anup Misra
War Crimes Memoranda
No abstract provided.
Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick
Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick
War Crimes Memoranda
Should the International Criminal Court (ICC) allow self-represented defendants an absolute right to cross- examine witnesses?... If so, how much leeway should the court allow the defendant to have? Should the ICC refrain from impinging on the defendant’s right or limit the defendant’s ability during cross-examination? Should the ICC allow a represented defendans to follow up his counsel’s cross-examination with more cross examination of his own, as is allowed in the IHT and other civil law countries generally?
The Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte
The Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte
War Crimes Memoranda
No abstract provided.
The Scope Of Military Necessity, Lydia Bakaki
The Scope Of Military Necessity, Lydia Bakaki
War Crimes Memoranda
No abstract provided.
To What Extent Is There Individual Criminal Responsibility For Violations Of The Vienna Convention On Diplomatic Relations (1961) Under Article 8 And 29 Of The Eccc Law? If Liability Exists, What Are The Elements Of Such Crimes?, Colin Nisbet
War Crimes Memoranda
No abstract provided.
What Is The Evidentiary Threshold Of The Terms “Widespread” And “Systematic” When Proving Crimes Against Humanity In The Cambodian Context?, Samir Hadeed
War Crimes Memoranda
No abstract provided.
What Provisions And Protections Need To Be Put Into Place By The Ictr And The International Community For The Protection Of Those Indicted But Acquitted By The Ictr?, Kelly Schmidt
War Crimes Memoranda
No abstract provided.
Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day
Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day
War Crimes Memoranda
No abstract provided.
Using Criminal Means To Arrive At A Legitimate Purpose: Jce Liability And Notice In Light Of The Prosecutor V. Brima, Kamara And Kanu Judgment, Niki Dasarathy
Using Criminal Means To Arrive At A Legitimate Purpose: Jce Liability And Notice In Light Of The Prosecutor V. Brima, Kamara And Kanu Judgment, Niki Dasarathy
War Crimes Memoranda
No abstract provided.
The Post-Trial Re-Sentencing Of Ramadan: If The Iraqi High Tribunal Deviates From International Standards Regarding Fair Trials, What Are The Potential Legal Obstacles To The Transfer Of Convicted Iraqi High Tribunal Defendants From Us Custody To Iraqi Custody?, Chelan Bliss
War Crimes Memoranda
No abstract provided.
"Murder, Pennsylvania Style": Comparing Traditional American Homicide Law To The Statutes Of Model Penal Code Jurisdictions, David Crump
West Virginia Law Review
No abstract provided.
An Rsvp To Professor Wexler's Warm Therapeutic Jurisprudence Invitation To The Criminal Defense Bar: Unable To Join You, Already (Somewhat Similarly) Engaged, Mae C. Quinn
Journal Articles
This Article responds to Professor David 13. Wexler's recent suggestion that adopting Therapeutic Jurisprudence ("V) principles to create a new type of "rehabilitative" defense lawyer could improve the criminal defense bar. Contrary to the empirical foundation of the therapeutic justice movement, many of his proposed changes seem unsubstantiated. Others, such as calls for creative plea bargaining, are already part of the practice of quality defense attorneys. The "rehabilitative," -Pi defense lawyer may be overly paternalistic, imposing his interpretation of the facts and his standards of appropriate behavior on the accused; such a lawyer also may not comport with express ethical …
The Oklahoma City Bombing And The Trial Of Timothy Mcveigh, Douglas O. Linder
The Oklahoma City Bombing And The Trial Of Timothy Mcveigh, Douglas O. Linder
Faculty Works
A bomb carried in a Ryder truck exploded in front of the Murrah Federal Building in Oklahoma City at 9:02 a.m. on April 19, 1995. The bomb claimed 168 innocent lives. That a homegrown, war-decorated American terrorist named Timothy McVeigh drove and parked the Ryder truck in the handicap zone in front of the Murrah Building there is little doubt. In 1997, a jury convicted McVeigh and sentenced him to death. The federal government, after an investigation involving 2,000 agents, also charged two of McVeigh's army buddies, Michael Fortier and Terry Nichols, with advance knowledge of the bombing and participation …
Trial Of The Rosenbergs: An Account, Douglas O. Linder
Trial Of The Rosenbergs: An Account, Douglas O. Linder
Faculty Works
The Rosenberg Trial is the sum of many stories: a story of betrayal, a love story, a spy story, a story of a family torn apart, and a story of government overreaching. As is the case with many famous trials, it is also the story of a particular time: the early 1950's with its cold war tensions and headlines dominated by Senator Joseph McCarthy and his demagogic tactics. The Manhattan Project was the name given to the top-secret effort of Allied scientists to develop an atomic bomb. One of the Manhattan Project scientists working in Los Alamos was a British …
Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin
Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have looked …
Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee
Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
The Andrea Yates Case: Insanity On Trial, Phillip J. Resnick
The Andrea Yates Case: Insanity On Trial, Phillip J. Resnick
Cleveland State Law Review
On June 20, 2001, Andrea Yates drowned each of her five children in her bathtub. The nation struggled to understand how a loving mother could systematically kill her children in apparent cold blood. No crime evokes more intense feelings than a mother killing her own children. There was extraordinary media coverage of her trial in Houston, Texas in 2002. Her defense attorneys, George Parnham and Wendell Odom entered a defense of not guilty by reason of insanity (NGRI) to multiple counts of first degree murder with death penalty specifications. The 2002 trial jury verdict of guilty was overturned on appeal. …
What Is The Current Status Of The Legality Of The Criminal Liability Theory Of Joint Criminal Enterprise And Can It Be Argued That Jce Theory Was Part Of Customary International Law In 1975?, Jonathan Barra
War Crimes Memoranda
No abstract provided.
Justice Department's Policy On Corporate Prosecutions Under Attack: United States V. Stein Assails Thompson Memorandum, Lauren E. Taigue
Justice Department's Policy On Corporate Prosecutions Under Attack: United States V. Stein Assails Thompson Memorandum, Lauren E. Taigue
Villanova Law Review (1956 - )
No abstract provided.
A/S/L 45/John Doe Offender/Federal Prison - The Third Circuit Takes A Hard Line Against Child Predators In United States V. Tykarsky, Elizabeth D. Tempio
A/S/L 45/John Doe Offender/Federal Prison - The Third Circuit Takes A Hard Line Against Child Predators In United States V. Tykarsky, Elizabeth D. Tempio
Villanova Law Review (1956 - )
No abstract provided.
Effects Of Individual Characteristics On Plea Negotiations Under Sentencing Guidelines, Erika Davis Frenzel, Jeremy Ball
Effects Of Individual Characteristics On Plea Negotiations Under Sentencing Guidelines, Erika Davis Frenzel, Jeremy Ball
Criminal Justice Faculty Publications and Presentations
Research conducted on the decision points between arrest and sentencing is scarce. The current study attempts to fill this gap by focusing on plea negotiations, examining the effects of individual characteristics on plea bargaining decisions by using two dependent variables – a two-category dependent variable analyzing negotiated pleas vs. non-negotiated pleas and a three-category dependent variable analyzing negotiated pleas, non-negotiated pleas, and bench/jury trial convictions. The results from the multinomial logistic regression indicate that individual characteristics are predictors of negotiated guilty pleas compared to a trial conviction. Black offenders were more likely than white offenders to have their case go …
Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay
Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay
Cardozo Journal of Conflict Resolution
Part I of this article introduces the restorative justice paradigm. It defines restorative justice and its basic values and principles and presents two theories which illustrate the goals of restorative interventions and the basic requirements for their commencement. Part II introduces white-collar crime and focuses on high-profile white-collar crime committed by corporate executives. This part discusses the centrality of white-collar crime within the criminal justice system and society in general and reviews the latest developments in legislation and sentencing policies on white-collar crime. Part III argues that the restorative justice paradigm should be applied to high-profile white-collar crime as a …
Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
NYLS Law Review
No abstract provided.
Critiquing Crump: The Strengths And Weaknesses Of Professor Crump's Model Laws Of Homicide, Arnold H. Loewy
Critiquing Crump: The Strengths And Weaknesses Of Professor Crump's Model Laws Of Homicide, Arnold H. Loewy
West Virginia Law Review
No abstract provided.
The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen
The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen
West Virginia Law Review
No abstract provided.
Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos
Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos
West Virginia Law Review
No abstract provided.
The Year Of Truman Capote: Legal Ethics And In Cold Blood, David S. Caudill
The Year Of Truman Capote: Legal Ethics And In Cold Blood, David S. Caudill
Faculty Publications
The purpose of this study is to use Capote’s In Cold Blood as a point of reflection on several ethical obligations of lawyers. In Part I, I focus on Capote’s accounts of the prosecution’s use of expert witnesses, and his suggestion that defense counsel were (i) unable or unwilling to deal with their personal conflicts of interest and (ii) incompetent, the latter of which became the subject of disciplinary investigations and federal court review. In terms of the duties of an advocate, Capote sees the prosecution as going too far, and the defense as failing to go far enough. In …