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Articles 241 - 270 of 470
Full-Text Articles in Criminal Law
What Are The Requirements For Appointment Of An Expert Under International Criminal Law And What Is The Law Regarding The Examination Of An In-House Expert?, Alex Buskirk
War Crimes Memoranda
No abstract provided.
What Are The Requirements Of Pleading Jce In An Indictment? What Are The Requirements Of Pleading Co-Perpetration In And Indictment Under The Icc Statute?, Gregory Scott Miao
What Are The Requirements Of Pleading Jce In An Indictment? What Are The Requirements Of Pleading Co-Perpetration In And Indictment Under The Icc Statute?, Gregory Scott Miao
War Crimes Memoranda
No abstract provided.
What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass
What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass
War Crimes Memoranda
No abstract provided.
Would An Accused Or A Witness Who Is A State Official Be Able To Claim Immunity From Before The Stl? If So, What Type Of Immunity And What Would The Consequences Of Such A Successful Claim Be?, Heather Ludwig
War Crimes Memoranda
No abstract provided.
The Issue As Presented To Me Is “Enforced Disappearance As A Crime Against Humanity (1975): Was Enforced Disappearance A Crime Against Humanity As Part Of Customary International Law In 1975?, Elisabeth Herron
War Crimes Memoranda
No abstract provided.
The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell
The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell
War Crimes Memoranda
No abstract provided.
In Defense Of Victim Impact Statements, Paul Cassell
In Defense Of Victim Impact Statements, Paul Cassell
Utah Law Faculty Scholarship
This paper provides a comprehensive justification of "victim impact statements" in criminal sentencing, explaining how such statements are important to crime victims and how the critics of such statements fail to grapple with the need for these statements to victims.
Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso
Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso
American University Law Review
This Comment argues that, based on the Prison Litigation Reform Act (PLRA)’s purpose and legislative history, prisoners who fulfilled the statute’s payment obligations while incarcerated should be entitled to apply for traditional in forma pauperis (IFP) status under § 1915(a)(1) upon release. Part I traces the historical development of prisoners’ right of access to the courts and its ties to the IFP doctrine. It then examines the PLRA’s many amendments to the federal IFP statute. Part II explains the divergent readings that circuit courts currently apply to § 1915(b). After analyzing the statute’s plain language and legislative history, Part III …
Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii
Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii
Maryland Law Review
No abstract provided.
Price V. State: The Price Is Not Right—Maryland’S Showcase Showdown With Inconsistent Criminal Jury Verdicts, Bryan L. Mosca
Price V. State: The Price Is Not Right—Maryland’S Showcase Showdown With Inconsistent Criminal Jury Verdicts, Bryan L. Mosca
Maryland Law Review
No abstract provided.
The Modern Problem-Solving Court Movement: Domination Of Discourse And Untold Stories Of Criminal Justice Reform, Mae Quinn
Journal Articles
There is a chasm between the rhetoric about and the reality of modern court reform movements. It is a deeply troubling divide. This Article, responding to the work of Professor Jane Spinak, is not concerned with innovations within the family court system. Rather, it examines modern criminal justice reforms.1 It focuses on the claims of the contemporary ―problem-solving court‖ movement—a movement that has resulted in the development of thousands of specialized criminal courts across the country over the last two decades.2
Finding Power, Fighting Power (Or The Perpetual Motion Machine), Mae Quinn
Finding Power, Fighting Power (Or The Perpetual Motion Machine), Mae Quinn
Journal Articles
No abstract provided.
Prosecuting Core Crimes In The United States: Recent Changes And Prospects For 2010, Naomi Roht-Arriaza
Prosecuting Core Crimes In The United States: Recent Changes And Prospects For 2010, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli
Faculty Publications
The National Research Council, an arm of the National Academy of Sciences, issued a landmark report on forensic science in February 2009. In the long run, the report’s recommendations, if adopted, would benefit law enforcement and prosecutors. The recommendations would allow forensic science to develop a strong scientific basis and limit evidentiary challenges regarding the reliability of forensic evidence. In keeping with its congressional charge, however, the NRC Committee did not directly address admissibility issues. Nevertheless, given its content, the report will inevitably be cited in criminal cases. Indeed, within months, the United States Supreme Court cited the report, noting …
Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov
Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov
Faculty Scholarship
At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable doubt, to confront witnesses, and to exclude inadmissible evidence. However, these rights, except for the right to counsel, disappear at sentencing. In deciding a defendant’s sentence, a court may consider conduct that has not been proven beyond a reasonable doubt and even conduct of which the jury has acquitted the defendant. Consideration of acquitted conduct has resulted in dramatic increases in the length of defendants’ sentences sometimes resulting in life imprisonment based merely on a judge’s finding that a defendant more likely than …
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
NYLS Law Review
No abstract provided.
The Continuity Of Justification Defenses, Kyron J. Huigens
The Continuity Of Justification Defenses, Kyron J. Huigens
Articles
This Article presents a legal theory of legal justification. It examines the elements of offense definitions and justification defensesor, more accurately, the conjunctions and disjunctions between these elements-to resolve a longstanding issue in the theory of legal punishment. The unjustified actor who believes she is justified seems to deserve an acquittal, while the justified actor who does not know he is justified seems to deserve conviction. But we face a dilemma: we seem to have to acquit both or convict both. This Article shows a principled way to rule the mistakenly unjustified actor within, and the mistakenly justified actor out …
Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert
Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert
Articles
No abstract provided.
Grading Arson, Michael T. Cahill
Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Diana Tafur
Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Diana Tafur
American University Criminal Law Brief
No abstract provided.
Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven
Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven
American University Criminal Law Brief
No abstract provided.
Thomas Jefferson’S Carriage: Arizona V. Gant’S Assault On The Belton Doctrine, Andrew Fois, Lauren Simmons
Thomas Jefferson’S Carriage: Arizona V. Gant’S Assault On The Belton Doctrine, Andrew Fois, Lauren Simmons
American University Criminal Law Brief
No abstract provided.
The Crocodile In The Bathtub: An Examination Of California’S System For Judicial Selection, Shaun Hoting
The Crocodile In The Bathtub: An Examination Of California’S System For Judicial Selection, Shaun Hoting
American University Criminal Law Brief
No abstract provided.
Letter From The Editor, John Nohlgren
Letter From The Editor, John Nohlgren
American University Criminal Law Brief
No abstract provided.
Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson
Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
Book Review, Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Book Review, Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Scholarly Articles
Not available.
Foreword To Articles Presented At The 2009 Childhood Sexual Abuse Awareness Conference, Phebe Saunders Haugen
Foreword To Articles Presented At The 2009 Childhood Sexual Abuse Awareness Conference, Phebe Saunders Haugen
Faculty Scholarship
This foreword introduces four papers presented at the William Mitchell Conference on Childhood Sexual Abuse. It reviews all of the programs and discussions presented at the conference, Understanding a Silent Tragedy: A Conference on Childhood Sexual Abuse, including the experience and knowledge of the authors of each paper. Finally, it reviews and introduces the subject matter covered by each paper.
Self-Defense And The Psychotic Aggressor, George P. Fletcher, Luis E. Chiesa
Self-Defense And The Psychotic Aggressor, George P. Fletcher, Luis E. Chiesa
Faculty Scholarship
This chapter presents an authoritative overview of self-defense against the psychotic aggressor. More specifically, it examines whether one can justifiably kill a faultless, insane assailant to save himself or another from imminent and serious harm. It considers the disagreement among scholars as to whether the defensive response should be considered justified or merely excused, or whether the specific ground of acquittal should be self-defense or necessity. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as proportionality, self-defense against wrongful attack, justification of homicide against innocent aggressors without …
The Abolition Of The Death Penalty In New Jersey And Its Impact On Our Nation's "Evolving Standards Of Decency", Aaron Scherzer
The Abolition Of The Death Penalty In New Jersey And Its Impact On Our Nation's "Evolving Standards Of Decency", Aaron Scherzer
Michigan Journal of Race and Law
In 2007, New Jersey became the first state in over forty years to abolish the death penalty legislatively. Twenty-five years earlier, in 1982, New Jersey had followed a state-level trend by reinstating its death penalty. However, during the twenty-five years between reinstatement and abolition, New Jersey did not conduct a single execution. Instead, the New Jersey Supreme Court reversed numerous death penalty cases and consistently narrowed the class of cases eligible for the death penalty. This Note posits that the supreme court's narrowing of eligible cases was one of the factors that prevented executions from taking place in New Jersey. …
Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah
Michigan Journal of Race and Law
District prosecutors in the United States exercise virtually unfettered power and discretion to decide which murder cases to prosecute for capital punishment. According to neoclassical theory of formal legal rationality, the process for determining criminal punishment should be based upon legal rules established and sanctioned by the state to communicate the priorities of the political community. The theory therefore argues in favor of a determinate mode of decision-making that diminishes the importance of extrinsic elements such as race and gender in the application of law. In the empirical research herein reported, I test this theory using death eligible cases in …