Criminal Law Commons^™

Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White

Washington and Lee Law Review

No abstract provided.

Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming

Pace Law Review

No abstract provided.

Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz

Pace Law Review

No abstract provided.

Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur

All Faculty Scholarship

This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …

Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal

NULR Online

No abstract provided.

Child Rape, Moral Outrage, And The Death Penalty, Susan A. Bandes

NULR Online

No abstract provided.

Rediscovering The Law's Moral Roots, Morris B. Hoffman

NULR Online

No abstract provided.

Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax

Presentations

No abstract provided.

Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder

American University Law Review

No abstract provided.

Finally Heard: A Rhetorical Look At The 1971 Pharr Riot, Christina Garza

Theses and Dissertations - UTB/UTPA

This article attempts to view the 1971 Pharr riot through a rhetorical lens in an effort to understand the social roles that Mexican-Americans took throughout the city's history. Using David Zarefsky's essay, "Four Senses of Rhetorical History," and his concepts of rhetorical history, this article will examine the history of Pharr and attempt to understand the role that the Mexican-American population played in the city's inception. It will attempt to interpret the oral history of those that lived through the riot, understand what it reveals about Pharr and its inhabitants, rhetorically analyze the press and what was being written in …

Implications Of The Supreme Court’S Boumediene Decision For Detainees At Guantanamo Bay, Cuba: Hearing Before The H. Comm. On Armed Services, 110th Cong., July 30, 2008 (Statement Of Neal Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.

Dna – Intimate Information Or Trash For Public Consumption?, Melanie D. Wilson

Scholarly Articles

“Surreptitious sampling” may be police officers’ trump card in cracking otherwise unsolvable crimes as serious as murder, arson and rape. Law enforcement officers engage in surreptitious sampling when they covertly collect DNAsamples from unsuspecting people, who inadvertently leave behind hair, skin cells, saliva or other biological materials.Surreptitious sampling is a terrific crime-resolution tool. It allows diligent law enforcement officers to collect proof-positive evidence of guilt or innocence without the hassle of obtaining a warrant and absent probable cause or reasonable suspicion to believe that the contributor of the biological evidence committed a crime. Provided an officer has the energy and …

Summary Of Browning V. State Of Nevada, 124 Nev. Adv. Op. Citation 50, Philip Erwin

Nevada Supreme Court Summaries

This is an appeal from a sentence of death after remand for a new penalty hearing.

Summary Of State V. Dist. Ct. (Pullin), 124 Nev. Adv. Op. No. 54, Katie Maw

Nevada Supreme Court Summaries

This case came to the Court on a petition for a writ of mandamus challenging a district court’s order sentencing the real party in interest pursuant to NRS 193.165 amendments, which were made affective after the crimes in question were committed.

Summary Of Hill V. State, 124 Nev., Advance 52, Meredith Holmes

Nevada Supreme Court Summaries

Defendant-Appellant argued that the district court improperly denied his motion to dismiss the grand jury indictment and pretrial petition for writ of habeas corpus based on the State’s failure to report grand jury bias.

Petition For Rehearing, Kennedy V. Louisiana, No. 07-343 (U.S. July 21, 2008), Viet D. Dinh, Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Consent To Harm, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

This article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).

Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.

One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and …

The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii's experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.

The Article begins with a general and historical overview of the grand jury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy rationales underlying the need for grand jury autonomy; Part V recommends the implementation …

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article advocates for reclassifying immigration removal proceedings, distinguishing between exclusion and expulsion. It argues that while exclusion should remain a civil process, expulsion, particularly for lawful permanent residents, should be treated as a criminal matter due to its punitive nature and severe consequences. This bifurcated approach aims to align legal procedures with the reality of the impact on individuals and ensure constitutional protections.

People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Elizabeth Dale

UF Law Faculty Publications

The last decades of the nineteenth century and the first decades of the twentieth century are typically characterized as the era in which the criminal jury trial came to an end. Although criminal juries did not completely disappear, their role became smaller and smaller across that time frame. Most studies of this phenomenon attribute that decline to the rise of plea bargains in that same period. Specifically, these studies lead to the conclusion that institutional factors, such as case loads and the political pressure on elected prosecutors to be "tough on crime," made plea bargains an increasingly attractive option for …

Crime, Legitimacy, And Testilying, I. Bennett Capers

Indiana Law Journal

No abstract provided.

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.

State Intentions And The Law Of Punishment, Alice Ristroph

Faculty Scholarship

No abstract provided.

"The Mother Of All Balancing Tests": State V. Ariegwe And Montana's Revised Speedy Trial Analysis, Myles Braccio, Jessie Lundberg

Montana Law Review

Right to Speedy Trial

Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher

Faculty Scholarship

This article traces the impact of the new scientific learning upon police eyewitness identification procedures in the Commonwealth of Massachusetts. Over the past 25 years, experimental psychologists have devised more reliable techniques for gathering eyewitness identification evidence than have been traditionally used by police. Massachusetts has over 350 autonomous municipal police departments, plus approximately 39 college campus police departments, the state police, and the MBTA (transit) Police Department. The decision how to investigate crime rests principally with the police chief responsible for each department. How does such a system of policing absorb new, scientifically superior methods of investigation?

Jesting Pilate, Carl E. Schneider

Articles

I have two goals this month. First, to examine a case that's in the news. Second, to counsel skepticism in reading news accounts of cases. Recently, I was talking with an admirable scholar. He said that transplant surgeons sometimes kill potential donors to obtain their organs efficiently. He added, "This isn't just an urban legend - there's a real case in California." A little research turned up California v. Roozrokh. A little Googling found stories from several reputable news sources. Their headlines indeed intimated that a transplant surgeon had tried to kill a patient to get transplantable organs. CNN.com: …

Securities Fraud, Recidivism, And Deterrence, Jayne W. Barnard

Faculty Publications

Legal scholars have expended considerable energy on the study of high-level securities fraud violators-Ken Lay, Bernie Ebbers, Dennis Kozlowski, etc. There has been little attention, however, to the perpetrators of "retail" securities fraud-the con artists who sell bogus stock over the Internet, orchestrate elaborate pump-and-dump schemes, and create a never-ending array of purportedly "risk free" investment opportunities. Collectively, and in a cruel mockery of capitalism, these offenders extract hundreds of millions dollars from investors each year. In this article, Professor Barnard examines this group of offenders, focusing particularly on those who recidivate-often moving from state to state and scheme to …

California Commission On The Fair Administration Of Justice Final Report, California Commission On The Fair Administration Of Justice

Northern California Innocence Project Publications

The California Commission on the Fair Administration of Justice was created by the California State Senate in 2004 to “study and review the administration of criminal justice in California, to determine the extent to which that process has failed in the past” and to examine safeguards and improvements. The Commission completed its work on June 30, 2008 in Sacramento by delivering a report on the fair administration of the death penalty in California to the Legislature and the Governor.

Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas

NULR Online

No abstract provided.

Summary Of Diomampo V. State Of Nevada, 124 Nev. Adv. Op. No. 41, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon jury verdict, of one count of mid-level trafficking in a controlled substance.