Criminal Law Commons^™

Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler

Faculty Working Papers

In a democratic society, law is an important means to express, manipulate, and enforce moral codes. Demonstrating empirically that law can achieve moral goals is difficult. Nevertheless, public interest groups spend considerable energy and resources to change the law with the goal of changing not only morally-laden behaviors, but also morally-laden cognitions and emotions. Additionally, even when there is little reason to believe that a change in law will lead to changes in behavior or attitudes, groups see the law as a form of moral capital that they wish to own, to make a statement about society. Examples include gay …

Courting Genocide: The Unintended Effects Of Humanitarian Intervention, Jide Nzelibe

Faculty Working Papers

Invoking memories and imagery from the Holocaust and other German atrocities during World War II, many contemporary commentators and politicians believe that the international community has an affirmative obligation to deter and incapacitate perpetrators of humanitarian atrocities. Today, the received wisdom is that a legalistic approach, which combines humanitarian interventions with international criminal prosecutions targeting perpetrators, will help realize the post-World War II vision of making atrocities a crime of the past. This Article argues, in contrast, that humanitarian interventions are often likely to create unintended, and sometimes perverse, incentives among both the victims and perpetrators of atrocities. The problem …

Crips And Nuns Defining Gang-Related Crime In California Under The Street Terrorism Enforcement And Prevention Act, Martin Baker

McGeorge Law Review

No abstract provided.

The Prosecution Of Child Sexual Abuse In Idaho: July 1, 2006 - June 30, 2007, Robert L. Marsh, Steven Patrick, Ted Hopfenbeck, Beth Doane, Nate Hopfenbeck, Michelle Morrison

Criminal Justice Faculty Publications and Presentations

House Bill 362, passed in 1989 (adding section 67-1405 to the Idaho Code), expanded the Attorney General's duties to require preparation of an annual report to be submitted to the legislature reporting the incidence of felony child sex abuse charges filed in adult and juvenile courts in the state. A research team from Research, Training, and Evaluation Associates worked in conjunction with the Offices of the Governor and the Attorney General to collect data and prepare the report to comply with this legislation. This team has collected data for the past seventeen reports. Specifically, data were collected on site on …

Resuscitating Proportionality In Non Capital Criminal Sentencing, Donna H. Lee

Publications and Research

No abstract provided.

Limits Of Preventive Detention, The, Rinat Kitai-Sangero

McGeorge Law Review

No abstract provided.

Sex Offender Registration And Community Notification Policy: Past, Present, And Future, Wayne A. Logan

Scholarly Publications

It’s a great honor to be with you here today and to provide the keynote address in this wonderful symposium examining issues relating to probation and parole. The panels have been remarkably rich and informative. That they should occur here in Massachusetts, where probation in particular originated in 1841, makes the proceedings today especially fitting.

Probation and parole, of course, are the epitome of state-indeed, community-based criminal justice. As recognized since the founding era, and repeatedly acknowledged by the U.S. Supreme Court, criminal justice in our federal union is mainly an undertaking of state and local governments, which process the …

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …

Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Crime, Legitimacy, And Testilying, Bennett Capers

Faculty Scholarship

No abstract provided.

Foreword: Sacred Violence: Religion And Terrorism, B. Jessie Hill, Adam F. Kinney

Faculty Publications

Forward to the Sacred Violence: Religion and Terrorism, Cleveland, OH, 2008

Transnational Terrorist Financing: Criminal And Civil Perspectives, Mark A. Drumbl

Scholarly Articles

This note addresses the proscription of terrorist financing under transnational law. It considers both criminal and civil regulatory frameworks. Although the 9/11 attacks certainly galvanized jurisgeneration in this area, important treaties and customary principles preexisted those attacks. Insofar as the law on this topic is quite robust, this note does not provide a typology of every legal prohibition that touches upon terrorist financing. Instead, it offers an overview of the subject matter through case-studies drawn from international treaties and Alien Tort Claims Act litigation in the United States, and it also places the regulatory framework of terrorist financing within both …

Prosecutors "Doing Justice" Through Osmosis—Reminders To Encourage A Culture Of Cooperation, Melanie D. Wilson

Scholarly Articles

Cooperating defendants have proven to be necessary and valuable tools in preventing crime and prosecuting criminals. Federal prosecutors must exercise vigilance to thoughtfully decide how best to pursue the information cooperating defendants can provide. Such informed and good-faith judgment calls will inevitably require every prosecutor to weigh "the relative value or importance of different rights and interests and decide what, if any, action to take in response to a given tip. The DOJ and the ninety-three U.S. Attorneys can foster good decision-making by developing a culture of "doing justice" in which every prosecutor is encouraged.

Prosecuting Aggression, Noah Weisbord

Faculty Publications

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.

Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua R. Larson

School of Law Student Projects

In several recent homicide cases from Minneapolis, Minnesota, prosecutors have used a particular rhetorical device in closing argument that suggests to jurors that certain civilian witnesses from North Minneapolis live in a different world than the jurors do and that, therefore, the jurors must consider the witnesses’ unique cultural characteristics when weighing the witnesses’ credibility. Defense attorneys have decried these “different world” arguments, and the Minnesota Supreme Court has expressed concern that such arguments could violate a defendant’s right to a fair trial by insinuating that the defendant is from a different world and by introducing unnecessary racial or socioeconomic …

To Act Or Not To Act: Will New York's Defeated Death Penalty Be Resurrected? , Diana N. Huffman

Fordham Urban Law Journal

Capital punishment has always been a topic of controversy in the United States. The debate about the death penalty, its value as a way to permanently incapacitate society's most dangerous criminals and its effectiveness as a deterrent to violent crime, has increased. This phenomenon is particularly visible in New York State, where, in 2004, the New York Court of Appeals struck down the State's death penalty statute as invalid under the New York Constitution. This Note describes the evolution of New York's 1995 death penalty statute, analyzing the way in which the state legislature could respond to the statute's unconstitutionality, …

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Rita Espinoza, Sarah Venti, Katherine Anne Cleary

Human Rights Brief

No abstract provided.

Victim Participation In Proceedings Before The International Criminal Court, Fiona Mckay

Human Rights Brief

No abstract provided.

Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir

American University Law Review

No abstract provided.

"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan

Campbell Law Review

This Comment explores victim-offender mediation and specifically the recidivism rates of the juveniles who participated in Campbell's Juvenile Justice Project (JJP). Part II gives a brief background on the different theories of justice and the move towards restorative justice. Part III explains how the JJP came to be and how it currently functions. Part IV outlines the methods used to determine the recidivism rates of the program. Part V displays the results of the study and illustrates the differences with charts. Part VI discusses the possible explanations for the differences in the recidivism rates. Part VII concludes with closing remarks …

Editorial:The Orleans Public Defenders’ Office:Revamping The New Orleans Criminal Justice System After Katrina, Anne Keith Walton

American University Criminal Law Brief

No abstract provided.

Removing The Stigma Of Prison Rape And Sexual Assault:The First Step To Providing Hiv Treatment To Prisoners, James Radford

American University Criminal Law Brief

No abstract provided.

Size Doesn’T Matter: The Impact Of Small Gangs In Montgomery County, Maryland, Jeffrey T. Wennar

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch: Recent Decisions And Upcoming Criminal Cases For The 2008-2009 Docket, Emily Pasternak

American University Criminal Law Brief

No abstract provided.

Tactical Ineffective Assistance In Capital Trials, Kyle Graham

American University Law Review

Are defense attorneys sandbagging in their death-penalty cases? In Poindexter v. Mitchell, a habeas corpus case decided in 2006, Chief Judge Danny Boggs of the United States Court of Appeals for the Sixth Circuit wrote that by conducting a deliberately defective investigation into mitigation evidence that might otherwise have been presented at the penalty phase of a capital trial, a defense attorney can virtually guarantee that any death sentence the jury returns will be vacated in later proceedings. The likelihood of such an outcome, Boggs wrote, will more than make up for the somewhat greater chance that a jury that …

Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak

The Modern American

No abstract provided.

Francis D. Morrissey: A Life In The Law, 41 J. Marshall L. Rev. Xxiii (2008), Michael A. Pollard, Ann Lousin

UIC Law Review

No abstract provided.

The Mission Of The Criminal Law Edit, Alignment And Reform Commission (Clear): An Introductory Commentary, 41 J. Marshall L. Rev. 611 (2008), John Decker

UIC Law Review

No abstract provided.

Dedication To Professor Timothy P. O'Neill, 41 J. Marshall L. Rev. Xxv (2008), Kathryn J. Kennedy

UIC Law Review

No abstract provided.

Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.