Criminal Law Commons^™

The Emerging Role Of Dna Analysis In The Criminal Justice System, Sandra Sherman

Pell Scholars and Senior Theses

Forensic science has evolved into the most advanced investigative tool used in the criminal justice field. DNA evidence is a strong component of forensic science and with constant advancements of DNA testing so that its evidence is more reliable and accepted in the criminal justice system will help provide justice for the quily and innocent alike.

Summary Of Brooks V. State Of Nevada, 124 Nev. Adv. Op. Citation 19, Nevada Law Journal

Nevada Supreme Court Summaries

This is an appeal from a judgment of conviction of conspiracy to commit robbery and robbery with the use of a deadly weapon

A Return To The Grand Jury To Promote A Zen Zeal In Prosecutors, Melanie D. Wilson

Scholarly Articles

DNA evidence has freed at least 209 convicted people. Sometimes DNA evidence exonerates a person. Other times, it does not. When it does not exonerate, a prosecutor must decide whether to persist in further prosecution of the defendant. I propose a fresh, but simple, solution for prosecutors who face such choices. To protect the interests of defendants and victims, and to assuage society’s need for fair and accurate outcomes, prosecutors should represent these cases to a grand jury. The grand jury is an easily convened neutral party that can dispassionately evaluate the evidence, old and new, and determine whether a …

The Right Ones For The Job: Divining The Correct Standard Of Review For Curtilage Determinations In The Aftermath Of Ornelas V. United States, Jake Linford

Scholarly Publications

No abstract provided.

Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon

West Virginia Law Review

No abstract provided.

Battered By Men, Bruised By Injustice: The Plight Of Women Who Fight Back And The Need For The Battered Women Defense In West Virginia, Jeffrey M. Shawver

West Virginia Law Review

No abstract provided.

What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James

West Virginia Law Review

No abstract provided.

Corrections, Margo Schlanger

Book Chapters

Over the past six years, the number of people in custody in the United States has continued to grow. By the middle of 2006, the nation's prison and jail population, including federal prisons, totaled 2,245,189 persons. The number of people under correctional supervision, including those incarcerated and on probation and parole, reached more than 7 million persons in 2006. For several years, corrections has been the fastest growing component of many states' budgets. The growing number of people in prison has begun to affect the apportionment of political power between urban and rural communities.

Rethinking Child Advocacy After Roper V. Simmons: "Kids Are Just Different" And "Kids Are Like Adults" Advocacy Strategies, Elisa Poncz

Cardozo Public Law, Policy & Ethics Journal

The article examines the tension between two competing arguments in juvenile law: "kids are just different" and "kids are like adults." It critiques the binary approach often used in child advocacy and proposes a more nuanced, patchwork strategy that combines both perspectives to better serve the diverse needs of juveniles. The analysis focuses on key legal contexts, including the death penalty, life without parole, and minors' rights in medical decision-making, education, and internet access. The author argues that a balanced approach is essential to address the complexities of juvenile rights and responsibilities.

The Politicization Of The Designation Of Foreign Terrorist Organizations: The Effect On The Separation Of Powers, Julie B. Shapiro

Cardozo Public Law, Policy & Ethics Journal

The article critiques the U.S. process for designating foreign terrorist organizations (FTOs) under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and subsequent amendments, arguing that the concentration of power in the Executive Branch undermines the separation of powers and risks politicization. The process, while intended to deter terrorism, often lacks transparency, adequate oversight, and judicial scrutiny, leading to potential misuse and unintended consequences, such as radicalizing targeted groups. The author advocates for reforms to restore constitutional principles and ensure the process remains effective and legitimate.

Bringing Down The Bedroom Walls: Emphasizing Substance Over Form In Personalized Abuse, Orly Rachmilovitz

William & Mary Journal of Race, Gender, and Social Justice

This article explores what makes domestic violence special and whether privileging certain abusive relationships, and thus certain victims, over others is justified. It argues that abuse in familial, romantic, or cohabitating relationships is not necessarily any more harmful than abuse in other personal relationships; that harm from abuse should be identified through substantive criteria, for which marriage or cohabitation should not be proxies; and that heightened protections should be extended accordingly. The article pinpoints the criteria that justify distinguishing domestic violence from other forms of violence and examines how federal and state domestic violence laws define protected victims and relationships. …

Retribution, Restoration, And White-Collar Crime, Katherine Beaty Chiste

Dalhousie Law Journal

A "restorative" approach to criminality and conflict has been proposed in a number of common law jurisdictions in a variety of legal contexts, both civil and criminal, with an interesting exception: white-collar crime, which is discussedin an almost exclusively retributive vocabulary. This paper explores what a specifically restorative response to white-collar crime might look like, a response which above all else would seek to heal the harm the crime has done. In particular,the author looks at the possibilities for voluntary participation of victims and offenders; broad stakeholder inclusion and a focus on future relations rather than past offences-all necessaryparts of …

The Boundaries Of The Criminal Law: The Criminalization Of The Non-Disclosure Of Hiv, Isabel Grant

Dalhousie Law Journal

In this paper, the author examines the trend toward the increased criminalization and punishment of persons with HIV who fail to inform their stxual partners of their HIV-positive status. Since the Supreme Court of Canada's decision in R. v. Cuerrier, such behaviour may constitute aggravated assaultor aggravated sexual assault, the latter offence carrying a maximum sentence of life imprisonment. The paper surveys the Canadian case law and highlights the trend towards the imposition of increasingly harsh sentences. After reviewing public-health and criminal law options for dealing with nondisclosure of one's HIV status, the author concludes that criminal law should only …

Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald

Cardozo Journal of International and Comparative Law

The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.

Death Becomes The State: The Death Penalty In New York State - Past, Present And Future, Deborah L. Heller

Pace Law Review

No abstract provided.

Missing Privacy Through Individuation: The Treatment Of Privacy Law In The Canadian Case Law On Hate, Obscenity, And Child Pornography, Jane Bailey

Dalhousie Law Journal

Privacy is approached differently in the Canadian case law on child pornography than in hate propaganda and obscenity cases. Privacy analyses in all three contexts focus considerable attention on the interests of the individuals accused, particularly in relation to minimizing state intrusion on private spheres of activity However, the privacy interests of the.equality-seeking communities targeted by these forms of communication are more directly addressed in child pornography cases than in hate propaganda and obscenity cases. One possible explanation for this difference is that hate propaganda and obscenity simply do not affect the privacy interests of targeted groups and their members. …

Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal …

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.

Comparative Treatment Of Human Trafficking In The United States & Israel: Financial Tools To Encourage Victim Rehabilitation And Prevent Trafficking, Sarah Leevan

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal frameworks addressing human trafficking in the United States and Israel, highlighting their efforts to combat trafficking through legislation and international cooperation. It emphasizes the need for both countries to enhance victim support and accountability for all parties involved in trafficking.

Myspace In A Post-Grokster World: Digital Finger Pointing For Offenses Perpetrated Through Use Of Social Networking Sites After Mgm V. Grokster, Cheryl J. Eisner

Cardozo Public Law, Policy & Ethics Journal

The note examines the dismissal of a negligence lawsuit against MySpace, arguing that interactive computer services should not be held liable for offline harms committed by users. It emphasizes the importance of protecting such platforms under the Communications Decency Act (CDA) and highlights the need to balance free speech and technological development against concerns for user safety.

Improving The Reliability Of Criminal Trials Through Rules That Encourage Defendants To Testify, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject. This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …

Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby

Cornell Law Faculty Publications

Capital defense counsel have a duty at every stage of the case to take advantage of all appropriate opportunities to argue why death is not a suitable punishment for their particular client. But that duty can hardly be discharged effectively if the arguments are made in ignorance of available information concerning how persuasive they are likely to be to their audience.

Heeding that simple proposition we present lessons from the work of the Capital Jury Project, an ongoing empirical research effort built upon extended interviews with people who have actually sat on capital juries. We find that the standards for …

War Tales And War Trials, Patricia M. Wald

Michigan Law Review

In this foreword, I will compare my experiences as a judge on the International Criminal Tribunal for the former Yugoslavia, and the work of war crimes tribunals generally, with a few of the recurrent themes in epic tales of war. Books and trials strive to educate and to persuade their audiences of the barbarity of war and its antipathy to the most fundamental norms of a humane society.3 War crimes tribunals began with Nuremberg and have proliferated in the past fifteen years. These tribunals were established to try and to punish individuals for violations of international humanitarian law ("IHL")-the so-called …

Deconstructing International Criminal Law, Kevin Jon Heller

Michigan Law Review

After nearly fifty years of post-Nuremberg hibernation, international criminal tribunals have returned to the world stage with a vengeance. The Security Council created the International Criminal Tribunal for the former Yugoslavia ("ICTY") in 1993 and the International Criminal Tribunal for Rwanda ("ICTR") in 1994. Hybrid domestic-international tribunals have been established in Sierra Leone (2000), East Timor (2000), Kosovo (2000), Cambodia (2003), Bosnia (2005), and Lebanon (2007). And, of course, the international community's dream of a permanent tribunal was finally realized in 2002, when the Rome Statute of the International Criminal Court ("ICC") entered into force. This unprecedented proliferation of international …

Integrating The Study Of Sexuality Into The Core Law School Curriculum: Suggestions For Substantive Criminal Law Courses, Henry F. Fradella

Journal of Legal Education

No abstract provided.

The Future Of International Criminal Justice, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 19, 2008, the Honorable Richard Goldstone, former justice on the Constitutional Court of South Africa, delivered the Georgetown Law Center’s twenty-eithth Annual Philip A. Hart Memorial Lecture: "The Future of International Criminal Justice."

Goldstone graduated from the University of the Witwatersrand with a BA LLB cum laude in 1962. After graduating, he practiced as an advocate at the Johannesburg Bar.

In 1976 he was appointed senior counsel and in 1980 was made a judge of the Transvaal Supreme Court. In 1989 he was appointed to the Appellate Division.

From 1991 to 1994 he served as the chairperson of …

Summary Of Dozier V. State, 124 Nev. Adv. Op. No. 12, Alissa Macomber

Nevada Supreme Court Summaries

Appeal from the district court’s denial of a post-conviction petition for writ of habeas corpus.

Summary Of Grey V. State, 124 Nev. Adv. Op. No. 11, Katie Maw

Nevada Supreme Court Summaries

Appeal from a judgment of conviction pursuant to a jury verdict.

Summary Of State V. Lewis, 124 Nev. Adv. Op. No. 13, Holly Ludwig

Nevada Supreme Court Summaries

State appealed a district court order granting Defendant’s presentence motion to withdraw his guilty plea. The Nevada Supreme Court granted certiorari to determine whether granting a presentence motion to withdraw a guilty plea is independently appealable.

The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.