Criminal Law Commons^™

Safe From Sex Offenders? Legislating Internet Publication Of Sex Offender Registries, Christina Locke, Bill F. Chamberlin

UF Law Faculty Publications

In July 2005, the U.S. Department of Justice implemented the National Sex Offender Public Registry, which links the registries of individual states. A year later, the Adam Walsh Bill created the Dru Sjodin National Sex Offender Public Website, which required the Department of Justice to maintain a comprehensive national sex offender registry.

The purpose of this article is to examine the statutory provisions of every state and the District of Columbia regarding the use of the Internet as a tool in administering Megan's Law. The analysis begins by examining sex offender registration and notification laws at the federal level and …

Consensual Penal Resolution, Stephen C. Thaman

All Faculty Scholarship

Volume I: This is an encyclopedia entry on consensual penal resolution.

Hate Thy Neighbor, Jeannine Bell

Articles by Maurer Faculty

This Article addresses one of the consequences of racial segregation in housing - violence and intimidation directed at minorities who are integrating white neighborhoods. In describing the history and dynamics of this type of anti-integrationist crime, the Article seeks to offer an introduction to the setting of hate crimes in a neighborhood context. The Article provides a critical bridge between hate crime law and housing law, exploring the substantial difficulties when each of these legal remedies is used to combat this type of violence. The Article concludes by offering a series of solutions uniquely crafted to combat the problem of …

On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin

Faculty Publications

At a Bio-Terrorism Conference at Case Western Reserve University School of Law on March 31, 2006, the government participants were asked what they would do if a superior instructed them not to disclose information to the public about the likely grave health affects of an ongoing bio-terrorist attack. In response, they indicated that they would be reluctant to become a "whistleblower." This is not surprising since, despite the federal and state laws that purport to facilitate such whistleblowing for the public good, government whistleblowers routinely have faced loss of promotion, harassment, firing, and in some instances criminal prosecution when they …

Forward: Lessons From The Saddam Trial, Michael P. Scharf

Faculty Publications

Forward to the conference on "Lessons from the Daddam Trial."

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

Faculty Scholarship

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 …

Truth, Deterrence, And The Impeachment Exception , James L. Kainen

Faculty Scholarship

James v. Illinois permits illegally-obtained evidence to impeach defendants, but not defense witnesses. Thus far, all courts have construed James to allow impeachment of defendants' hearsay declarations. This article argues against allowing illegally-obtained evidence to impeach defendants' hearsay declarations because doing so unduly diminishes the exclusionary rule's deterrent effect. The distinction between impeaching defendants and defense witnesses disappears when courts allow prosecutors to impeach defendants' hearsay declarations. Because defense witnesses report exculpatory conduct of a defendant who always has a substantial interest in disguising his criminality, their testimony routinely incorporates defendant hearsay. Defense witness testimony thus routinely paves the way …

Compelled Cooperation And The New Corporate Criminal Procedure, Lisa Kern Griffin

Faculty Scholarship

In response to the broad scope of the Enron-era frauds, the federal government has adopted novel strategies to investigate and prosecute corporate crimes. This Article examines the use of stringent cooperation requirements and deferred prosecution agreements, pursuant to which corporate internal investigations have become extensions of government enforcement efforts. At the same time, liability has shifted markedly to the employee level: Over one thousand individuals have been indicted and convicted since the July 2002 creation of the Corporate Fraud Task Force, while few corporations have been charged. The convergence of corporate cooperation doctrine with the focus on individual targets results …

Purposes And Effects In Criminal Law, Samuel W. Buell

Faculty Scholarship

This brief comment, published in the Virginia Law Review's online companion, responds to Richard Bierschbach's and Alex Stein's article, Mediating Rules in Criminal Law.

Interviewing Suspected Victims Of Child Maltreatment, Bette L. Bottoms, A R. Perona, E Sorenson, Cynthia J. Najdowski

Psychology Faculty Scholarship

No abstract provided.

Preventing A Modern Panopticon: Law Enforcement Acquisition Of Real-Time Cellular Tracking Data, Steven B. Toeniskoetter

Richmond Journal of Law & Technology

Nineteenth Century philosopher Jeremy Bentham designed a prison system known as the Panopticon which was arranged in such a way that a single guard could, at any given time, view the activities and whereabouts of any particular prisoner. Bentham designed the prison in such a way that the prisoners could never tell whether they were being watched. Twentieth Century French philosopher Michel Foucault further considered use of the Panopticon as a means of societal control through fear in his seminal book Discipline and Punish: The Birth of the Prison.

The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article explores the legal profession's failure to hold prosecutors accountable for misconduct and other ethical violations. Part I introduces the piece, providing several examples of prosecutorial power and abuse in the criminal justice system. Part II discusses prosecutorial misconduct and the inadequacy of current legal remedies. Part III argues that the Model Rules of Professional Responsibility have not provided adequate guidance to prosecutors, and that the disciplinary process has not been effective in disciplining prosecutors when they have abused their power and discretion. Part IV contends that the disbarment of Mike Nifong – the prosecutor in the Duke lacrosse …

Bytes, Balco, And Barry Bonds: An Exploration Of The Law Concerning The Search And Seizure Of Computer Files And An Analysis Of The Ninth Circuit's Decision In United States V. Comprehensive Drug Testing, Inc., Derek Regensburger

Journal of Criminal Law and Criminology

No abstract provided.

Gonzales V. Oregon And The Future Of Agency-Made Criminal Law, Trevor Stiles

Journal of Criminal Law and Criminology

No abstract provided.

Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero

Journal of Criminal Law and Criminology

No abstract provided.

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome

Faculty Scholarly Works

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …

Re-Evaluating The Theoretical Basis And Methodology Of International Criminal Trials, Dermot Groome

Faculty Scholarly Works

No abstract provided.

Why 2007 Is Not Like 1984: A Broader Perspective On Technology's Effect On Privacy And Fourth Amendment Jurisprudence, Ric Simmons

Journal of Criminal Law and Criminology

No abstract provided.

The Sad, Sad Story Of Lula Viers, Richard H. Underwood, Sharon Ray

Law Faculty Scholarly Articles

In this article, Professor Richard H. Underwood explores the murder ballad entitled Lula Viers. Lula Viers was from the Appalachia region of Kentucky.

Balancing Lives: Individual Accountability And The Death Penalty As Punishment For Genocide (Lessons From Rwanda), Melynda J. Price

Law Faculty Scholarly Articles

The purpose of this Article is not to answer the question of whether the death penalty is an appropriate punishment for genocide. One could safely argue that there is an emerging norm in international law against the death penalty, but individual countries have maintained their right to use the death penalty and continue to do so in code and in practice. This Article, using Rwanda as a case study, evaluates the real outcomes of such discrepancies in punishment at the domestic and international level, and the ability of both approaches to bring justice to the victims of genocide. Both domestic …

Delimiting The Culture Defense, James M. Donovan, John Stuart Garth

Law Faculty Scholarly Articles

This essay builds upon the arguments of Alison Dundes Renteln in her influential book, The Cultural Defense (2004), in which she argues persuasively for a uniformly recognized culture defense in certain litigations. Critiquing some of her details, we recast her three-prong culture defense test to more effectively balance the competing interests of minority culture members to have their ways of life taken seriously by the courts, and of members of the dominant tradition who wish to preserve the rule of law with its necessary perception as treating all parties equally. The offered formulation now includes the following five elements:

1. …

The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof, Talia Fisher

Journal of Criminal Law and Criminology

No abstract provided.

Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley

Journal of Criminal Law and Criminology

No abstract provided.

The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman

Journal of Criminal Law and Criminology

No abstract provided.

Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell

Journal of Criminal Law and Criminology

No abstract provided.

Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Procedure In Perspective, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.

Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin

Journal of Criminal Law and Criminology

No abstract provided.