Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Discipline
Institution
Keyword
Publication
Publication Type

Articles 181 - 210 of 470

Full-Text Articles in Criminal Law

International Criminal Law: Taking Stock Of A Busy Decade, Mark Drumbl Jan 2009

International Criminal Law: Taking Stock Of A Busy Decade, Mark Drumbl

Scholarly Articles

To commemorate the 10th anniversary of the Melbourne Journal of International Law, the Editors have asked for a reflection on major developments in international criminal law over the past decade and the challenges it faces for the future. I begin by setting out four such developments and then identify four challenges. The four major developments that I identify are: institution-building; judicial and jurisprudential output; trendsetting and epistemic communities; and political management.


Federal Criminal Litigation In 20/20 Vision, Susan Herman Jan 2009

Federal Criminal Litigation In 20/20 Vision, Susan Herman

Faculty Scholarship

No abstract provided.


Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld Jan 2009

Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld

Law Publications

No abstract provided.


Why The United States Supreme Court Got Some (But Not A Lot) Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus Jan 2009

Why The United States Supreme Court Got Some (But Not A Lot) Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus

St. Thomas Law Review

In the past forty-five years, the United States Supreme Court has firmly established the right to lawyers for poor people in criminal cases. The right, arising under the Sixth Amendment to the United States Constitution, extends beyond trials, and includes assistance in addition to lawyers for indigent defendants. The right to a lawyer is seen as central to our system of criminal justice. At the same time, the Justices' rulings here have been subject to sharp criticism in a host of areas relating to the stages of the proceedings to which the right applies, the failure to define indigency, and …


Foreword: Criminal Law Issue, Alfredo Garcia Jan 2009

Foreword: Criminal Law Issue, Alfredo Garcia

St. Thomas Law Review

It is my pleasure to write the foreword to this inaugural criminal law issue. The issue consists of four timely and incisive articles that underscore the importance of the procedural and fair trial guarantees embodied, respectively, in the Fourth and Sixth Amendments to the United States Constitution. A common theme underlies the message conveyed by the distinguished authors: the extent to which the interpretation of criminal procedural rights by both the Supreme Court and state appellate courts affect the everyday administration of justice in the United States.


State V. Baby: One Step Forward For Maryland— Protecting A Woman’S Right To Withdraw Consent, But Sending A Conflicting Message To Appellate Courts Reviewing Multiple-Conviction Cases, Michelle D. Albert Jan 2009

State V. Baby: One Step Forward For Maryland— Protecting A Woman’S Right To Withdraw Consent, But Sending A Conflicting Message To Appellate Courts Reviewing Multiple-Conviction Cases, Michelle D. Albert

Maryland Law Review

No abstract provided.


International Justice Marks Its Fifteenth Anniversary: A Preliminary Assessment Of The Icty’S Impact In Serbia, Diane Orentlicher Jan 2009

International Justice Marks Its Fifteenth Anniversary: A Preliminary Assessment Of The Icty’S Impact In Serbia, Diane Orentlicher

Human Rights Brief

No abstract provided.


Birthing Out Delinquents: Alternative Treatment Options For Juvenile Delinquents, Jerome R. Price Jan 2009

Birthing Out Delinquents: Alternative Treatment Options For Juvenile Delinquents, Jerome R. Price

American University Criminal Law Brief

No abstract provided.


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 Larson Jan 2009

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 Larson

American University Criminal Law Brief

No abstract provided.


Voice For The Voiceless: The Case For Adopting The “Domestic Abuse Syndrome” For Self Defense Purposes For All Victims Of Domestic Violence Who Kill Their Abusers, Nancy Wright Jan 2009

Voice For The Voiceless: The Case For Adopting The “Domestic Abuse Syndrome” For Self Defense Purposes For All Victims Of Domestic Violence Who Kill Their Abusers, Nancy Wright

American University Criminal Law Brief

No abstract provided.


Professional Discretion And The Use Of Restorative Justice Programs In Appropriatedomestic Violence Cases: An Effective Innovation, Jean Ferguson Jan 2009

Professional Discretion And The Use Of Restorative Justice Programs In Appropriatedomestic Violence Cases: An Effective Innovation, Jean Ferguson

American University Criminal Law Brief

No abstract provided.


An Ambiguous Request For Counsel Before And Not After A Miranda Waiver: United States V. Rodriguez, United States V. Fry And State V. Blackburn, Harvey Gee Jan 2009

An Ambiguous Request For Counsel Before And Not After A Miranda Waiver: United States V. Rodriguez, United States V. Fry And State V. Blackburn, Harvey Gee

American University Criminal Law Brief

No abstract provided.


Juveniles Locked Up For Life For Non-Homicides: Cruel & Unusual Or An Appropriate Punishment?, Julie Swaney Jan 2009

Juveniles Locked Up For Life For Non-Homicides: Cruel & Unusual Or An Appropriate Punishment?, Julie Swaney

American University Criminal Law Brief

No abstract provided.


For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein Jan 2009

For Love Of Country And International Criminal Law, Zeid Ra'ad Zeid Al-Hussein

American University International Law Review

No abstract provided.


For Love Of Country And International Criminal Law, Further Reflections, David Scheffer Jan 2009

For Love Of Country And International Criminal Law, Further Reflections, David Scheffer

American University International Law Review

No abstract provided.


Unjustified Detention: The Excessive Bail Clause In Removal Proceedings, Kayla Gassman Jan 2009

Unjustified Detention: The Excessive Bail Clause In Removal Proceedings, Kayla Gassman

American University Criminal Law Brief

No abstract provided.


The Death Penalty: How America’S Highest Court Is Narrowing Its Application, Adam S. Goldstone Jan 2009

The Death Penalty: How America’S Highest Court Is Narrowing Its Application, Adam S. Goldstone

American University Criminal Law Brief

No abstract provided.


From State Of California V. Scott Peterson To State Of Utah V. Mark Hacking Willmore States Adopt Fetal Protection Laws?, April Walker Jan 2009

From State Of California V. Scott Peterson To State Of Utah V. Mark Hacking Willmore States Adopt Fetal Protection Laws?, April Walker

American University Criminal Law Brief

No abstract provided.


Child Rapists Live To See Another Day, Shirley Huang Jan 2009

Child Rapists Live To See Another Day, Shirley Huang

American University Criminal Law Brief

No abstract provided.


Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Helen Dalphonse Jan 2009

Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Helen Dalphonse

American University Criminal Law Brief

No abstract provided.


The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield Jan 2009

The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield

American University Criminal Law Brief

No abstract provided.


Student Editorial: Fight Fire With Fire: The Icc Should Be More Aggressive In Pursuing Crimes Of Sexual Violence, Meredith Owen Jan 2009

Student Editorial: Fight Fire With Fire: The Icc Should Be More Aggressive In Pursuing Crimes Of Sexual Violence, Meredith Owen

American University Criminal Law Brief

No abstract provided.


The "New" Withdrawal Of Consent Standard In Maryland Rape Law: A Year After Baby V. State , Mary Huff Jan 2009

The "New" Withdrawal Of Consent Standard In Maryland Rape Law: A Year After Baby V. State , Mary Huff

The Modern American

No abstract provided.


Dodging Mistrials With A Mandatory Jury Inquiry Rule, Missy Mordy Jan 2009

Dodging Mistrials With A Mandatory Jury Inquiry Rule, Missy Mordy

Seattle University Law Review

This Comment considers the concept of a jury inquiry and concludes that, with a mandatory jury inquiry rule, judges will ensure that the public ends of justice are met before a mistrial is declared. Part II of this Comment examines the United States v. Razmilovic trial to give a concrete example of how a jury inquiry would have prevented a hastily declared mistrial. Part III.A examines the circuit trend regarding the definition of "manifest necessity." Toward the end of the 1970s, many circuits began to opine that jury inquiries were important when attempting to determine whether there was manifest necessity, …


The Unaccountability Of The Accounting Regulators: Analyzing The Constitutionality Of The Public Company Accounting Oversight Board, 42 J. Marshall L. Rev. 1019 (2009), Whitney Innes Jan 2009

The Unaccountability Of The Accounting Regulators: Analyzing The Constitutionality Of The Public Company Accounting Oversight Board, 42 J. Marshall L. Rev. 1019 (2009), Whitney Innes

UIC Law Review

No abstract provided.


Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell Jan 2009

Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell

UIC Law Review

No abstract provided.


Silencing Tory Bowen: The Legal Implications Of Word Bans In Rape Trials, 43 J. Marshall L. Rev. 215 (2009), Randah Atassi Jan 2009

Silencing Tory Bowen: The Legal Implications Of Word Bans In Rape Trials, 43 J. Marshall L. Rev. 215 (2009), Randah Atassi

UIC Law Review

No abstract provided.


When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison Jan 2009

When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison

UIC Law Review

No abstract provided.


Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman Jan 2009

Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman

Michigan Journal of Gender & Law

In this Article the author will examine not only the substantive legal differences between the United States, Canada, and France, but will also explore how these legal rules fit within a broader social, political, and religious setting. This Article will pursue four lines of inquiry. First, it will briefly chronicle the history of criminal prosecution of pregnant women in America and show how these prosecutions have become markedly more aggressive over the last twenty years. Second, it will situate these prosecutions in the full context of American law and culture, demonstrating how the fetus has received increasing legal recognition in …


Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen Jan 2009

Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen

Michigan Journal of Gender & Law

Pearlie Rucker, sixty-three years old, had been living in public housing in Oakland, California for thirteen years. Ms. Rucker lived with her mentally disabled adult daughter, Gelinda, as well as two grandchildren and one great-grandchild. Ms. Rucker regularly searched Gelinda's room for signs of drugs, and had warned Gelinda that any drug activity on the premises could result in eviction. Nevertheless, Gelinda was caught with drugs three blocks from the apartment. Despite the fact that Ms. Rucker had no knowledge of Gelinda's drug activity, and in fact had been carefully monitoring what happened in her apartment, the Oakland Housing Authority …