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Articles 301 - 330 of 478
Full-Text Articles in Criminal Law
Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell Christopher
Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Corporate America Fights Back: The Battle Over Waiver Of The Attorney-Client Privilege, Michael L. Seigel
Corporate America Fights Back: The Battle Over Waiver Of The Attorney-Client Privilege, Michael L. Seigel
UF Law Faculty Publications
This Article addresses a topic that is the subject of an on-going and heated contest between the business lobby and its lawyers, on the one side, and the U.S. Department of Justice on the other. The fight is over federal prosecutors' escalating practice of requesting that corporations accused of criminal wrongdoing waive their attorney-client privilege as part of their cooperation with the government. The Department of Justice views privilege waiver as a legitimate and critical tool in its post-Enron battle against white collar crime. The business lobby views it as encroaching on corporations' fundamental right to protect confidential attorney-client communications. …
The Original Meaning Of "Unusual": The Eighth Amendment As A Bar To Cruel Innovation, John F. Stinneford
The Original Meaning Of "Unusual": The Eighth Amendment As A Bar To Cruel Innovation, John F. Stinneford
UF Law Faculty Publications
In recent years, both legal scholars and the American public have become aware that something is not quite right with the Supreme Court's Eighth Amendment jurisprudence. Legal commentators from across the spectrum have described the Court's treatment of the Cruel and Unusual Punishments Clause as "embarrassing," "ineffectual and incoherent," a "mess," and a "train wreck." The framers of the Bill of Rights understood the word "unusual" to mean "contrary to long usage." Recognition of the word's original meaning will precisely invert the "evolving standards of decency" test and ask the Court to compare challenged punishments with the longstanding principles and …
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
Feminist Scholarship
INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …
Securing The Global City: Crime, Consulting, Risk, And Ratings In The Production Of Urban Space, Katharyne Mitchell, Katherine Beckett
Securing The Global City: Crime, Consulting, Risk, And Ratings In The Production Of Urban Space, Katharyne Mitchell, Katherine Beckett
Indiana Journal of Global Legal Studies
The last decade has witnessed the rise of private transnational institutions that increasingly influence the organization and management of urban space. Two institutions are especially powerful in this regard: bond-rating agencies and global security firms. Bolstered by a discourse of risk and the need to securitize cities, these institutions have garnered enormous amounts of power with respect to urban social and spatial control. They are implicated in the imprisonment and displacement of marginalized populations, the intensification of gentrification, and general shifts in municipal funding priorities. The authors illustrate these themes through a case study of New York City, followed by …
Life And Death Decisions: Prosecutorial Discretion And Capital Punishment In Missouri, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman
Life And Death Decisions: Prosecutorial Discretion And Capital Punishment In Missouri, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman
All Faculty Scholarship
This article presents the results of an empirical study of intentional homicide cases in Missouri. The authors created a database of 1046 cases; it includes substantially all of the homicide cases prosecuted in Missouri over a five year period that were initially charged as murder or voluntary manslaughter and that yielded criminal convictions. The authors selected 247 cases from the larger database for more detailed analysis. We analyzed geographic and racial disparities in the rates at which: prosecutors charge first-degree murder versus lesser charges; prosecutors seek the death penalty, not lesser punishments; defendants are convicted of first-degree murder versus lesser …
Brennan Lecture Evidence-Based Judicial Discretion: Promoting Public Safety Through State Sentencing Reform, Michael A. Wolff
Brennan Lecture Evidence-Based Judicial Discretion: Promoting Public Safety Through State Sentencing Reform, Michael A. Wolff
All Faculty Scholarship
In this speech delivered for the annual Justice William J. Brennan, Jr. Lecture on State Courts and Social Justice, the Honorable Michael Wolff offers a new way of thinking about sentencing. Instead of attempting to limit judicial discretion and increase incarceration, states should aim to reduce recidivism in order to make our communities safer. Judge Wolff uses the example of Missouri's sentencing reforms to argue that states should adopt evidence-based sentencing, in which the effectiveness of different sentences and treatment programs are regularly evaluated. In pre-sentencing investigative reports, probation officers should attempt to quantify - based on historical data - …
Distorting Due Process For Noble Purposes: The Emasculation Of America's Material Witness Laws, Ronald L. Carlson
Distorting Due Process For Noble Purposes: The Emasculation Of America's Material Witness Laws, Ronald L. Carlson
Georgia Law Review
Civil liberties issues raised by governmental interference with free speech or by police execution of clandestine searches are regularly litigated. Less obtrusive but nonetheless highly concerning is the subject of this Article. Lurking under the radar is a hidden danger. Authorities have protected and expanded their statutory opportunities to imprison unsuspecting and sometimes innocent witnesses to crimes. Most Americans are shocked to know that witnesses to crimes can be jailed in order to insure their testimony against a defendant. Before 9/11, only a handful of unfortunate citizens felt the sting of these laws. The accelerated use of material witness statutes …
Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss
Domestic Violence And The Workplace: The Explosion Of State Legislation And The Need For A Comprehensive Strategy, Deborah A. Widiss
Articles by Maurer Faculty
In recent years, domestic violence legislation has migrated out of its traditional locus in family law and criminal law to include a rapidly growing body of employment law. The new laws respond to a relatively simple problem: Economic security is one of the most important factors in whether a victim of domestic violence will be able to separate from an abusive partner, but domestic violence often interferes with victims' ability to maintain jobs, thus causing job loss that further traps victims in abusive relationships. By providing supports to victims and empowering employers to take direct legal action against perpetrators of …
Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy W. Waters
Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
Book Review. Governing Through Crime: How The War On Crime Transformed American Democracy And Created A Culture Of Fear By Jonathan Simon, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Applying The Lessons Of Gps Monitoring Batterers To Sex Offenders, Pamela Foohey
Applying The Lessons Of Gps Monitoring Batterers To Sex Offenders, Pamela Foohey
Articles by Maurer Faculty
GPS monitoring of batterers appears to be an ingenious solution to one of the major flaws of the current domestic violence protective order system. What makes GPS monitoring so attractive in the case of batterers and other criminals should make it equally attractive in the case of sex offenders. Although GPS monitoring has been questioned as potentially unconstitutional as applied to sex offenders, when individually tailored, it may prove to be an effective solution to the problem of monitoring sex offenders. In the future, states and municipalities would do their citizens a service by reflecting on the lessons of GPS …
Board Dysfunction: Dealing With The Threat Of Corporate Criminal Liability, Peter J. Henning
Board Dysfunction: Dealing With The Threat Of Corporate Criminal Liability, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Minnesota's Distortion Of Rule 609, Ted Sampsell-Jones
Minnesota's Distortion Of Rule 609, Ted Sampsell-Jones
Faculty Scholarship
Rule of Evidence 609, which governs the admission of prior convictions of a witness for purposes of impeachment, occupies an important place in the day to day operation of American criminal trials. The rule is a compromise that reflects these competing values. It admits some prior convictions but not all. Crimen falsi offenses such as perjury and fraud are automatically admissible under 609(a)(2). All other felonies are analyzed under the balancing test of 609(a)(1), which allows the admission of a defendant-witness's crimes if the “probative value of admitting this evidence outweighs its prejudicial effect to the accused.” The rule seeks …
A Forensic Study Of Daewoo's Corporate Governance: Does Responsibility For The Meltdown Solely Lie With The Chaebol And Korea?, Joongi Kim
Northwestern Journal of International Law & Business
At the end of 1999, one of the largest conglomerates in the world, the Daewoo Group, collapsed in a spectacular fashion. During its peak, Daewoo was a sprawling enterprise with over 320,000 employees with 590 subsidiaries overseas that operated in over 110 countries. Its management received widespread praise and academic recognition for its success. Yet, when the Asian financial crisis hit in 1997, it managed to commit a deception worth 22.9 trillion won ($15.3 billion) that was termed the "biggest accounting fraud in history, surpassing WorldCom and Enron . . . ." Years later, inner-workings of the conglomerate are finally …
Self-Produced Child Pornography: The Appropriate Societal Response To Juvenile Self-Sexual Exploitation, Mary Graw Leary
Self-Produced Child Pornography: The Appropriate Societal Response To Juvenile Self-Sexual Exploitation, Mary Graw Leary
Scholarly Articles
The issues of “sexting” and “self-produced child pornography” (SPCP) have captured the attention of the media, courts, and state legislatures. A debate rages among advocates, policy makers, and reporters about how the law should address this activity. More than sixteen states have considered special legislation to address the problem and litigation has ensued. Lost in the debate are many realities including the complexity of the problem. This behavior implicates aspects of child development, child sexuality, child exploitation, teen dating violence, education, and parenting. While any deliberation about children and how the law should protect children is positive, sensationalism and oversimplification …
No Longer A Safe Haven For Torturers: The United States Makes Its First Successful Prosecution Under The Torture Statute, Melissa A. Beckman
No Longer A Safe Haven For Torturers: The United States Makes Its First Successful Prosecution Under The Torture Statute, Melissa A. Beckman
Public Interest Law Reporter
No abstract provided.
Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel
Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel
Studio for Law and Culture
In the six weeks from mid-July to early September 1912, about a third of the 389 men whom guards escorted through the front doors of the Rio de Janeiro city jail had been arrested for vagrancy, or in Portuguese vadiagem, an infraction whose etymological connection to the word “vague” is not a coincidence. These men remained in detention for between five days and over a year, accused by arresting police officers of having committed the crime of doing nothing. As they awaited trial or, for the least fortunate, transportation to an offshore penal colony, they shared the crowded space …
Respect And Resistance In Punishment Theory, Alice Ristroph
Respect And Resistance In Punishment Theory, Alice Ristroph
Studio for Law and Culture
Is it coherent to speak of a right to resist justified punishment? Thomas Hobbes thought so. This essay seeks first to (re)introduce Hobbes as a punishment theorist, and second to use Hobbes to examine what it means to respect the criminal even as we punish him. Hobbes is almost entirely neglected by scholars of criminal law, whose theoretical inquiries focus on liberal, rights-based accounts of retribution (often exemplified by Immanuel Kant) and claims of deterrence or other consequentialist benefits (elucidated, for example, by Jeremy Bentham). Writing before Kant or Bentham, Hobbes offered a fascinating account of punishment that will strike …
Acknowledging Guilt: Forcing Self-Identification In Post-Conviction Dna Testing, Tonja Jacobi, Gwendolyn Carroll
Acknowledging Guilt: Forcing Self-Identification In Post-Conviction Dna Testing, Tonja Jacobi, Gwendolyn Carroll
Faculty Articles
This Essay formally illustrates how it is possible to force prisoners to self-identify as innocent or guilty by deciding whether to seek postconviction DNA testing. Additionally, it shows why other systems that aim to reduce the number of guilty petitioners seeking post-conviction DNA testing create perverse incentives, and why only additional incarceration can effectively encourage innocent and guilty prisoners alike to self-identify. This will reduce costs on the judicial system by discouraging guilty prisoners from seeking post-conviction DNA tests. It will also make it faster and easier for actually innocent prisoners to seek the tests they need for timely exoneration. …
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Touro Law Review
No abstract provided.
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina M. Mulligan
Richmond Journal of Law & Technology
Road safety cameras can photograph your car running red lights. Some bars record information on driver’s licenses to establish that their patrons are old enough to drink. The Recording Industry Association of America (RIAA) uses automated web crawlers to try to find illegal copies of mp3s, and iTunes embeds personal identifying information in the tracks of every song you buy.
Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn
Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn
Richmond Public Interest Law Review
Underlying the juvenile court system are two competing philosophies of justice which have taken predominance over the system at different historical periods in relation to the public climate. Early reformers conceptualized juvenile justice as an informal and protective system that would seek to rehabilitate disadvantaged children who had succumbed to criminal influences. In response to negative assessments noting the leniency of juvenile courts, critics began to advocate for a more punitive system which would focus on retribution rather than treatment. Measures adopted by courts to increase the criminal responsibility placed upon juveniles include minimum sentencing guidelines and transfer of offenders …
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Richmond Public Interest Law Review
This comment seeks to analyze House Bill 1281 in the larger social context of shaming sanctions. It begins by tracing a brief history of offender punishment from the common use of shaming mechanisms to their disappearance and gradual resurgence. It further looks to the theoretical foundations of such alternative sanctions, as well as their potential effects on both individual conduct and social norms. Finally, it looks at the relationship between other approaches to DUI convictions and the methods proposed in Virginia.
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Scholarly Articles in Law Reviews & Journals
No abstract provided.
International Criminal Law, Dermot Groome, Donald E. Shaver
International Criminal Law, Dermot Groome, Donald E. Shaver
Faculty Scholarly Works
No abstract provided.
The Crime Of Complicity In Genocide: How The International Criminal Tribunals For Rwanda And Yugoslavia Got It Wrong, And Why It Matters, Daniel M. Greenfield
The Crime Of Complicity In Genocide: How The International Criminal Tribunals For Rwanda And Yugoslavia Got It Wrong, And Why It Matters, Daniel M. Greenfield
Journal of Criminal Law and Criminology
No abstract provided.
Arguing For An Integrated Approach To Resolving The Crisis In Darfur: The Challenges Of Complementarity, Enforcement, And Related Issues In The International Criminal Court, Christopher D. Totten, Nicholas Tyler
Arguing For An Integrated Approach To Resolving The Crisis In Darfur: The Challenges Of Complementarity, Enforcement, And Related Issues In The International Criminal Court, Christopher D. Totten, Nicholas Tyler
Journal of Criminal Law and Criminology
No abstract provided.
The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister
The Grand Jury Legal Advisor: Resurrecting The Grand Jury's Shield, Thaddeus Hoffmeister
Journal of Criminal Law and Criminology
No abstract provided.