Criminal Law Commons^™

Reconciliation In The Wake Of Tragedy: Cambodia's Extraordinary Chambers Undermines The Cambodian Constitutiton, Tessa V. Capeloto

Washington International Law Journal

Between 1975 and 1979, the Khmer Rouge regime was responsible for approximately 1.7 million deaths caused by deportation, starvation, murder, and torture. In 2001, Cambodia established the Extraordinary Chambers, an internationalized domestic tribunal, or “hybrid court,” to prosecute the perpetrators most responsible for these atrocities. As the Cambodian government’s primary legal response to the Khmer Rouge, the tribunal conflicts with the requirements of Article 52 of the Cambodian Constitution, an article that requires a policy of national reconciliation to ensure national unity. Cultural conceptions of national reconciliation coupled with the legislative history and purpose of the constitution strongly suggest that …

A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya

Scholarly Works

This policy brief is intended to serve as a resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country.

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse

Scholarly Works

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …

The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Scholarly Works

This Article offers a critique of Nevada's Harnisch cases and calls for the Nevada Supreme Court to reconsider its ruling. The authors begin by examining the historical development of the automobile exception, beginning with Carroll v. United States. There the Supreme Court reasoned that both probable cause and the exigency of the mobility of automobiles justified a search without a warrant. But almost seventy-five years later, in Maryland v. Dyson, the Court clarified its conclusion that the automobile exception has no separate exigency requirement. In turn, the authors will then examine Nevada's application of the automobile exception prior to 1998's …

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.

Vicarious Criminal Liability And The Constitutional Dimensions Of Pinkerton, Alex Kreit

American University Law Review

This article considers what limits the constitution places on holding someone criminally liable for another's conduct. While vicarious criminal liability is often criticized, there is no doubt that it is constitutionally permissible as a general matter. Under the long-standing felony murder doctrine, for example, if A and B rob a bank and B shoots and kills a security guard, A can be held criminally liable for the murder. What if, however, A was not involved in the robbery but instead had a completely separate conspiracy with B to distribute cocaine? What relationship, if any, does the constitution require between A's …

The "High-Crime Area" Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis [Pdf], Andrew Guthrie Ferguson, Damien Bernache

American University Law Review

This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges. Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether …

Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon

Richmond Public Interest Law Review

These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …

Protecting Foreign Victims Of Domestic Violence: An Analysis Of Asylum Regulations, 12 N.Y.U. J. Legis. & Pub. Pol'y 115 (2008), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Future Of Federal Sentencing Policy: Learning Lessons From Republican Judicial Appointees In The Guidelines Era, David M. Zlotnick

Law Faculty Scholarship

In the two years since the landmark Booker decision, federal sentencing policy has been in a state of suspended animation. This Article urges federal sentencing reform advocates to look to an unlikely source for realistic goals and ideological support --the experiences of Republican judicial appointees in the Guidelines Era. Its findings are based upon a long-term research project into cases in which Republican appointees stated their disagreement with the sentences required by law from the bench. The Article discusses the primary product of my research, forty comprehensive case profiles and their policy implications. Specifically, the Article demonstrates how the lessons …

Incest And Sex Offender Registration: Who Is Registration Helping And Who Is It Hurting?, Jocelyn Ho

Cardozo Journal of Equal Rights & Social Justice

The note argues that sex offender registration and notification laws, such as Megan's Law, disproportionately harm victims and offenders in cases of incest. It contends that incest is distinct from other sex crimes due to its familial nature and low recidivism rates, making its inclusion in public registries unnecessary and counterproductive. The psychological and social consequences of registration extend to victims, violating their privacy and perpetuating stigma. The note advocates for a shift in policy focus toward prevention, victim empowerment, and rehabilitation rather than punitive measures.

"The Public Gaze And The Prying Eye:" The South And The Privacy Doctrine In Nineteenth-Century Wife Abuse Cases, Jerome Nadelhaft

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Chicago Mob Not Quite "Sleeping With The Fishes", Tim Kerrigan

Public Interest Law Reporter

No abstract provided.

Illinois' Criminal Justice System Goes To School, John Maki

Public Interest Law Reporter

No abstract provided.

Legal Rights Group Takes Illinois State Police To Court…The Charge: Criminal Contempt Of Court For Failure To Seal Court Ordered Criminal Records. , Chantal Kazay

Public Interest Law Reporter

No abstract provided.

Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester

Journal Publications

The threat of terrorist attacks by al Qaeda and other transnational terrorist organizations is a constant topic of public discourse in the United States. Despite its prominence, the nature of that threat is notoriously difficult to define. On the one hand, terrorists might be compared to other kinds of organized, dangerous criminals who should be prosecuted and punished using the federal criminal law. On the other hand, terrorists might be compared to enemy soldiers engaged in warfare against the United States. There are problems with either approach, however, because the threat posed by al Qaeda and other transnational terrorist organizations …

Opinion Testimony: Lay, Expert, Or Something Else?, H. Patrick Furman

Publications

This article discusses opinion testimony of lay witnesses and expert witnesses. It provides an overview of lay opinion testimony and discusses the dividing line between lay and opinion testimony.

Slipping Through The Cracks And Into Schools: The Need For A Uniform Sexual Predator Tracking System, Cheryl Page

Journal Publications

Over half a million registered sex offenders currently live in the United States. Sex offenses are among the most devastating crimes because of the long-lasting emotional, physical, and psychological effects it has on victims. Sadly, most victims of sex offenses are innocent children. "Most sex offenders are not in prison, and ... are largely unknown to people in the community." Sex offenders also have a propensity for reoffending their crimes. "While community supervision and oversight is widely recognized as essential, the system for providing such supervision is overwhelmed." There are many loopholes in the current system that allow sex offenders …

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term (Nineteenth Annual Supreme Court Review, October 2006 Supreme Court Term), Richard Klein

Scholarly Works

No abstract provided.

Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, Dan Markel

Faculty Scholarship

This Article focuses upon two basic but under-explored questions: when does, and when should, the state use the criminal justice apparatus to burden individuals on account of their familial status? We address the first question in Part I by revealing a variety of laws permeating the criminal justice system that together form a string of family ties burdens, laws that impose punishment upon individuals on account of their familial status. The seven burdens we train our attention upon are omissions liability for failure to rescue, parental responsibility laws, incest, bigamy, adultery, nonpayment of child support, and nonpayment of parental support. …

Social Science And The Evolving Standards Of Death Penalty Law, Samuel R. Gross, Phoebe C. Ellsworth

Book Chapters

Unlike many of the topics covered in this book, death penalty litigation involves a wide variety of empirical issues. The Eighth Amendment of the U.S. Constitution provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." But what is a "cruel and unusual punishment?" It could be a punishment that is morally unacceptable to the American people, like cutting off noses or hands. Following the other clauses of the amendment, it could be a punishment that is excessive, in that a lesser penalty would achieve the same ends. For example, if a …

Sex Offender As Scapegoat: The Monstrous Other Within, John Douard

NYLS Law Review

No abstract provided.

Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz

NYLS Law Review

No abstract provided.

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.

The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo

NYLS Law Review

No abstract provided.

United States V. Grier, Lyndsay V. Ruotolo

NYLS Law Review

No abstract provided.

Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn

Richmond Journal of Law and the Public Interest

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 …

Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon

Richmond Journal of Law and the Public Interest

These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …

Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young

Richmond Journal of Law and the Public Interest

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.

Guilty Pleas Or Trials: Which Does The Barrister Prefer?, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Barristers in England and attorneys in the United States have been upbraided for pursuing their interests to their clients' detriment in recommending guilty pleas over trials. While this accusation against American attorneys could be true since their incentives are sometimes skewed to favor guilty pleas, it is not accurate with respect to barristers in England. This is because the latter’s selfish incentives--to maximize income and avoid sanction--incline them to prefer trials over guilty pleas. In Melbourne and Sydney, barristers have never been similarly accused. Indeed, the topic has not been studied. Based on interviews with legal professionals in those cities, …