Criminal Law Commons^™

Rico At The Border: Interpreting Anza V. Ideal Steel Supply Corp. And Its Effect On Immigration Enforcement, Megan Martha Reed

Washington and Lee Law Review

No abstract provided.

The Treatment Of Delinquent Juveniles In Egypt In Light Of The Crc & The Peking Rules, Maged Sobhi Soueha

Archived Theses and Dissertations

No abstract provided.

Misunderstanding Corruption And Community: Comparative Politics Of Corruption Regulation In The Pacific, Mark Findlay

Research Collection Yong Pung How School Of Law

This paper will take as its empirical foundation the author’s experience of corruption and regulation in small Pacific island states. The argument is that notions of corruption and strategies for its regulation suitable for modernized societies, which lack cultural specificity and community engagement, may in fact stimulate corruption relationships in transitional cultures. The other consequence of the imposition of inappropriate definitions and regulation strategies is a profound misunderstanding of communities of dependence. In fact, corruption control can misconstrue and exacerbate economic and political dependence environments, fostering the conditions for corruption which accompany socio-economic development. Two remedies are suggested. First, corruption …

Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Death Penalty For Child Rape: Why Texas May Help Louisiana, Adam M. Gershowitz

Popular Media

No abstract provided.

Risky Business: Corruption, Fraud, Terrorism, & Other Threats To Global Business, Stuart Poole-Robb, Alan Bailey

Brigham Young University International Law & Management Review

No abstract provided.

Hudson V. Michigan: "Knock-And-Announce" — An Outdated Rule?, J. Spencer Clark

Brigham Young University Journal of Public Law

No abstract provided.

Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter

Brigham Young University Journal of Public Law

No abstract provided.

Standing Alone: Conformity, Coercion, And The Protection Of The Holdout Juror, Jason D. Reichelt

University of Michigan Journal of Law Reform

The holdout juror in felony criminal trials is a product of the near-universal decision rule in federal and state courts of a unanimous verdict. In recent years, courts have increasingly inquired into a jury's deliberations when a holdout juror has been identified amid allegations of misconduct. This Article helps bridge the considerable gap between cognitive psychology and legal scholarship, analyzing the thought processes of the holdout juror through the application of empirical evidence and psychological modeling, to conclude that the improved protection of the holdout juror is a necessary and critical component to the preservation of a defendant's right to …

An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham

University of Richmond Law Review

No abstract provided.

Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For New And Compelling Evidence, David S. Rudstein

San Diego International Law Journal

More than 240 years ago, Sir William Blackstone, perhaps the most important commentator on the English common law, wrote that when a man is once fairly found not guilty upon any indictment, or other prosecution, before any court having competent jurisdiction of the offence, he may plead such acquittal in bar of any subsequent accusation for the same crime. This plea of autrefois acquit (a former acquittal), Blackstone explained, is based upon the principle that no man is to be brought into jeopardy of his life, more than once for the same offence, which he called a universal maxim of …

The Challenge Of Implementing Atkins V. Virginia: How Legislatures And Courts Can Promote Accurate Assessments And Adjudications Of Mental Retardation In Death Penalty Cases, Richard J. Bonnie, Katherine Gustafson

University of Richmond Law Review

Our goal in this paper is to assist state courts and legislatures as they try to carry out the task that Atkins requires of them promoting fairness and accuracy in the assessment and adjudication of mental retardation. After addressing the definition ofmental retardation in Part I, we focus on its assessment in Parts II and III, highlighting several key requirements of a scientifi-cally and clinically adequate assessment.

Part II addresses the assessment of deficits in intellectual functioning, particularly on the measurement of intelligence as represented by an intelligence quotient. Appropriate IQ tests must be used, and the scores must be …

Improving Accuracy In Criminal Cases, Erik Lillquist

University of Richmond Law Review

No abstract provided.

Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan

University of Richmond Law Review

No abstract provided.

The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin

University of Richmond Law Review

No abstract provided.

"Don't Ask, Don't Tell": Negligent Hiring Law In Virginia And The Necessity Of Legislation To Protect Ex-Convicts From Employment Discrimination, Nancy B. Sasser

University of Richmond Law Review

No abstract provided.

Furman'S Mythical Mandate, Scott W. Howe

University of Michigan Journal of Law Reform

This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencing trials under the Eighth Amendment. Many legal commentators, both liberal and conservative, including several members of the Supreme Court, have concluded that the Court's regulation of capital sentencing trials is a disaster. The repeated criticisms rest on a commonly accepted view about a principal goal of capital sentencing regulation. The prevailing account, fueled by the rhetoric of the Justices, stems from the notion that Furman v. Georgia, 408 U.S. 208 (1972), revealed a mandate of consistency in the use of the death penalty that …

The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis E. Chiesa

Journal Articles

No abstract provided.

Property Outlaws, Eduardo M. Peñalver, Sonia K. Katyal

Cornell Law Faculty Publications

Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a wrong-doer comports with the nearly sacrosanct status of property rights within our characteristically individualist, capitalist, political culture. This dim view of property lawbreakers is also shared to a large degree by property theorists, many of whom regard property rights as a fixed constellation of allocative entitlements that collectively produce stability and order through ownership. In this Article, we seek to rehabilitate, at least to a degree, the maligned character of the intentional property lawbreaker, and …

The Legal, Political, And Social Implications Of The Death Penalty, Hon. William W. Wilkins

University of Richmond Law Review

A recent national poll found that sixty-five percent of Americans favor the death penalty. That's down from eighty percent ten years ago. Moreover, the total favoring the death penalty dropped to fifty percent when those polled were asked to assume that thealternative to the death penalty was life in prison with no chance of parole. And, the number of death sentences imposed in the United States during the last few years has dropped to the lowest level since capital punishment was reinstated thirty years ago. Thus, it would seem that our society's attitude toward capital punishment is changing. What was …

Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz

University of Richmond Law Review

No abstract provided.

Proximate Cause In Constitutional Torts: Holding Interrogators Liable For Fifth Amendment Violations At Trial, Joel Flaxman

Michigan Law Review

This Note argues for the approach taken by the Sixth Circuit in McKinley: a proper understanding of the Fifth Amendment requires holding that an officer who coerces a confession that is used at trial to convict a defendant in violation of the right against self-incrimination should face liability for the harm of conviction and imprisonment. Part I examines how the Supreme Court and the circuits have applied the concept of common law proximate causation to constitutional torts and argues that lower courts are wrong to blindly adopt common law rules without reference to the constitutional rights at stake. It …

One Stop, No Stop, Two Stop, Terry Stop: Reasonable Suspicion And Pseudoephedrine Purchases By Suspected Methamphetamine Manufacturers, Andrew C. Goetz

Michigan Law Review

This Note attempts to inject some clarity into courts' reasonable suspicion calculus for cold medicine purchases. It argues that the key factor in analyzing such purchases is whether the purchaser or purchasers appear to be circumventing pseudoephedrine purchasing restrictions in order to obtain inordinately large quantities of pseudoephedrine. Part I provides a general background on the domestic manufacture of methamphetamine in small, clandestine laboratories. Part II then examines the interplay between outward innocence and reasonable suspicion under the Supreme Court's Fourth Amendment jurisprudence. Finally, Part III establishes a framework for identifying purchasing strategies that methamphetamine manufacturers commonly use to circumvent …

Criminal Law Beyond The State: Popular Trials On The Frontier, Andrea Mcdowell

BYU Law Review

No abstract provided.

The Personal Is Political-And Economic: Rethinking Domestic Violence, Deborah M. Weissman

BYU Law Review

No abstract provided.

Introduction, Kyron Huigens

Cardozo Law Review

No abstract provided.

The Nature And Rationale Of Punishment, Albin Eser

Cardozo Law Review

No abstract provided.

Thinking Criminal Law, Meir Dan-Cohen

Cardozo Law Review

No abstract provided.

Holistic Culpability, Kimberly Kessler Ferzan

Cardozo Law Review

No abstract provided.

Legitimating Penal Law, Markus D. Dubber

Cardozo Law Review

No abstract provided.