Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (99)
- International Law (58)
- Constitutional Law (42)
- Social and Behavioral Sciences (38)
- Courts (34)
-
- Legal Studies (34)
- Criminology and Criminal Justice (33)
- Sociology (32)
- Law and Gender (29)
- Criminology (26)
- Human Rights Law (25)
- Law Enforcement and Corrections (24)
- Evidence (22)
- Law and Society (20)
- Juvenile Law (17)
- Law and Psychology (17)
- Family Law (16)
- Jurisprudence (16)
- Civil Rights and Discrimination (13)
- Legislation (13)
- Sexuality and the Law (13)
- Law and Race (11)
- State and Local Government Law (11)
- Judges (10)
- Litigation (10)
- Business Organizations Law (9)
- Comparative and Foreign Law (9)
- Military, War, and Peace (9)
- Institution
-
- American University Washington College of Law (43)
- University of Michigan Law School (29)
- Northwestern Pritzker School of Law (25)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (20)
- Cornell University Law School (17)
-
- University of Richmond (17)
- Case Western Reserve University School of Law (15)
- Columbia Law School (12)
- Pace University (12)
- Vanderbilt University Law School (12)
- Yeshiva University, Cardozo School of Law (12)
- Georgetown University Law Center (11)
- Touro University Jacob D. Fuchsberg Law Center (11)
- Brooklyn Law School (10)
- University of Maryland Francis King Carey School of Law (10)
- Boston University School of Law (8)
- Duke Law (8)
- Florida State University College of Law (8)
- Saint Louis University School of Law (8)
- Washington and Lee University School of Law (8)
- Fordham Law School (7)
- Maurer School of Law: Indiana University (7)
- Schulich School of Law, Dalhousie University (7)
- St. Thomas University College of Law (6)
- University of Kentucky (6)
- William & Mary Law School (6)
- Brigham Young University Law School (5)
- Cleveland State University (5)
- Penn State Dickinson Law (5)
- University of Baltimore Law (5)
- Keyword
-
- Criminal law (35)
- Death penalty (16)
- Criminal justice (15)
- Crimes (14)
- Capital punishment (13)
-
- Homicide (12)
- Justification (12)
- Punishment (12)
- Criminal Law (11)
- Race (11)
- Law (10)
- Crimes of passion (9)
- Defenses (9)
- Evidence (9)
- Excuses (9)
- Provocation (9)
- Rape (9)
- Self-defense (9)
- Sentencing (9)
- Victims (9)
- Criminal procedure (8)
- Emotions (8)
- International Criminal Court (8)
- Criminal Law and Procedure (7)
- Domestic violence (7)
- Fourth Amendment (7)
- Sixth Amendment (7)
- Deterrence (6)
- Jury (6)
- Prison (6)
- Publication
-
- Faculty Scholarship (64)
- Journal of Criminal Law and Criminology (23)
- American University Criminal Law Brief (21)
- Cornell Law Faculty Publications (17)
- Faculty Publications (17)
-
- Nevada Supreme Court Summaries (15)
- All Faculty Scholarship (14)
- Georgetown Law Faculty Publications and Other Works (11)
- War Crimes Memoranda (11)
- Elisabeth Haub School of Law Faculty Publications (10)
- Articles (9)
- University of Michigan Journal of Law Reform (9)
- Vanderbilt Law School Faculty Publications (9)
- Journal of Race, Gender, and Ethnicity (8)
- Scholarly Publications (8)
- Scholarly Works (8)
- Human Rights Brief (7)
- University of Richmond Law Review (7)
- Articles, Book Chapters, & Popular Press (6)
- Journal Articles (6)
- Scholarly Articles (6)
- Scholarly Articles in Law Reviews & Journals (6)
- St. Thomas Law Review (6)
- All Faculty Publications (4)
- Appellate Briefs (4)
- Articles by Maurer Faculty (4)
- BYU Law Review (4)
- Cardozo Public Law, Policy & Ethics Journal (4)
- Cleveland State Law Review (4)
- Journal Publications (4)
- Publication Type
Articles 301 - 330 of 470
Full-Text Articles in Criminal Law
Interrogation And Silence: A Comparative Study, Craig M. Bradley
Interrogation And Silence: A Comparative Study, Craig M. Bradley
Articles by Maurer Faculty
This article examines interrogation practices in detail in three systems: the American, the English (and Welsh), and the Canadian while also discussing rules from various other countries. It considers when the Miranda-type warnings (required in all three systems) must be given and when suspects will be deemed to have waived their rights. This article further discusses how reliability and voluntariness of confession is assured. Finally, a particular emphasis is placed on the issue of when a suspect's silence during interrogation may be used against him in court. The article concludes that American courts have not done enough to ensure reliability …
The Unabomber Revisited: Reexamining The Use Of Mental Disorder Diagnoses As Evidence Of The Mental Condition Of Criminal Defendants, Adam K. Magid
The Unabomber Revisited: Reexamining The Use Of Mental Disorder Diagnoses As Evidence Of The Mental Condition Of Criminal Defendants, Adam K. Magid
Indiana Law Journal
This Article revisits a longstanding debate concerning the appropriateness of diagnostic evidence in criminal cases in which a defendant’s mental condition is at issue. As illustrated through a case study of Theodore Kaczynski, more widely known as the “Unabomber,” a diagnosis of paranoid schizophrenia poses a risk of confounding a judge or jury attempting to ascertain an accurate picture of the mental state of a criminal defendant, specifically by (i) suggesting symptoms not actually present, (ii) creating a distorted picture of symptoms that are present, and (iii) suggesting organic, determinative factors as the mechanism behind a defendant’s actions, even where …
Midwestern Juvenile Drug Courts: Analysis & Recommendations, Nicole A. Kozdron
Midwestern Juvenile Drug Courts: Analysis & Recommendations, Nicole A. Kozdron
Indiana Law Journal
No abstract provided.
A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus
A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus
Faculty Scholarship
This article discusses the problem of ending child sexual abuse using an allegory explaining that certain types of punitive solutions as solving the river "downstream", or in problem-solving mode, as opposed to "upstream", or in prospective problem avoidance. The thesis of this brief article is that our public policy is focused too far downstream. We rightly condemn child sexual abuse, but our public discourse frames the issue in a way that misdirects our public policy towards downstream solutions. If we truly want to protect our children from sexual abuse and end the cycle of violence, we need to reframe the …
No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd
No Way Out? The Question Of Unilateral Withdrawals Of Referrals To The Icc And Other Human Rights Courts, Michael P. Scharf, Patrick Dowd
Faculty Publications
Growing out of the authors' work for the International Criminal Court, which was sponsored by a grant from the Open Society Institute, No Way Out examines one of the most vexing legal questions facing the International Criminal Court - whether a State that has referred a case to the Court can subsequently withdraw its referral as part of a domestic peace agreement? The issue has arisen with respect to Uganda's interest in withdrawing its self-referral as part of a peace deal with the leaders of the Lord's Resistance Army. This article examines the Rome Statute, the drafting history, and the …
Ethically Representing A Lying Cooperator: Disclosure As The Nuclear Deterrent, Bruce A. Green
Ethically Representing A Lying Cooperator: Disclosure As The Nuclear Deterrent, Bruce A. Green
Faculty Scholarship
No abstract provided.
Beyond Duluth: A Broad Spectrum Of Treatment For A Broad Spectrum Domestic Violence, Johnna Rizza
Beyond Duluth: A Broad Spectrum Of Treatment For A Broad Spectrum Domestic Violence, Johnna Rizza
Montana Law Review
Beyond Duluth
Public Perceptions Of Registry Laws For Juvenile Sex Offenders, Carrie E. Reynolds, Cynthia J. Najdowski, Jessica M. Salerno, Margaret C. Stevenson, Tish R.A. Wiley, Bette L. Bottoms
Public Perceptions Of Registry Laws For Juvenile Sex Offenders, Carrie E. Reynolds, Cynthia J. Najdowski, Jessica M. Salerno, Margaret C. Stevenson, Tish R.A. Wiley, Bette L. Bottoms
Psychology Faculty Scholarship
Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …
Cultural Culprits, Michelle Mckinley
Cultural Culprits, Michelle Mckinley
Studio for Law and Culture
This paper draws from a longer Article that examines questions of agency, victimization, and cultural essentialism in U.S. asylum adjudication and cultural defense cases specifically, and in international human rights law more broadly. I explore the adjudication of FGC asylum claims based on cultural persecution” that encode a racialized view of culture. I describe the historical trajectory of contemporary FGC claims through a detailed analysis of colonial anti-excision campaigns. I compare early 19th century anti-excision campaigns with contemporary maternal imperialism, as international law, UN agencies, and international financial institutions became more responsive to feminist concerns about eradicating FGC. Throughout the …
When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine
When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine
Faculty Articles
This article describes the origins, design, and implications of a new study exploring female-perpetrated statutory rape against adolescent boys in the United States. In contrast to both legal frameworks, which typically regard statutory rape as a male-on-female phenomenon, and existing literature from the fields of psychology and psychiatry derived from clinical samples and sex offender registries, this study examines the incidence of female-perpetrated statutory rape using data from electronic news reports covering the period 1990-2008. In this short article, the author explains the advantages of her approach over those taken by prior scholars, in terms of the size of the …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the third issue of the 2008–2009 academic school year, which also is our Annual Survey on E-Discovery.
Databases, E-Discovery And Criminal Law, Ken Strutin
Databases, E-Discovery And Criminal Law, Ken Strutin
Richmond Journal of Law & Technology
The enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues …
Judges Judging Judicial Candidates: Should Currently Serving Judges Participate In Commissions To Screen And Recommend Article Iii Candidates Below The Supreme Court Level?, Mary Clark
Scholarly Articles in Law Reviews & Journals
In the lead-up to the 2008 presidential election, the American Bar Association (ABA), among others, called upon the next president to reform the federal judicial selection process by using bipartisan commissions to screen and recommend Article III candidates for presidential nomination and Senate confirmation below the Supreme Court level. This proposal may well find support in the Obama administration, given the new president’s emphasis on bipartisan consensus-building and transparency of government operations. This Article addresses one question that the ABA and others have not: Should currently serving judges participate in bi-partisan commissions to screen and recommend Article III candidates below …
Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana
Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana
Journal of Criminal Law and Criminology
No abstract provided.
A Relational Sixth Amendment During Interrogation, Brooks Holland
A Relational Sixth Amendment During Interrogation, Brooks Holland
Journal of Criminal Law and Criminology
No abstract provided.
Blue Sky Steroids, Geoffrey Rapp
Blue Sky Steroids, Geoffrey Rapp
Journal of Criminal Law and Criminology
No abstract provided.
The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen
The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen
Journal of Criminal Law and Criminology
No abstract provided.
Deterrence In A Sea Of Just Deserts: Are Utilitarian Goals Achievable In A World Of Limiting Retributivism, Matthew Haist
Deterrence In A Sea Of Just Deserts: Are Utilitarian Goals Achievable In A World Of Limiting Retributivism, Matthew Haist
Journal of Criminal Law and Criminology
No abstract provided.
Desistance And The Feared Self: Toward An Identity Theory Of Criminal Desistance, Ray Paternoster, Shawn Bushway
Desistance And The Feared Self: Toward An Identity Theory Of Criminal Desistance, Ray Paternoster, Shawn Bushway
Journal of Criminal Law and Criminology
No abstract provided.
The Cognitive Psychology Of Mens Rea, Kevin Jon Heller
The Cognitive Psychology Of Mens Rea, Kevin Jon Heller
Journal of Criminal Law and Criminology
No abstract provided.
Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo
Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo
Journal of Criminal Law and Criminology
No abstract provided.
Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock
Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock
Journal of Criminal Law and Criminology
No abstract provided.
What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet
What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet
Journal of Criminal Law and Criminology
No abstract provided.
When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price
When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price
Journal of Criminal Law and Criminology
No abstract provided.
Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow
Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow
Journal of Criminal Law and Criminology
No abstract provided.
The Criminalization Of Poverty, Kaaryn Gustafson
The Criminalization Of Poverty, Kaaryn Gustafson
Journal of Criminal Law and Criminology
No abstract provided.
Legal Disparities In The Capital Of Capital Punishment, Scott Phillips
Legal Disparities In The Capital Of Capital Punishment, Scott Phillips
Journal of Criminal Law and Criminology
No abstract provided.
The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave
The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave
Journal of Criminal Law and Criminology
No abstract provided.
Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista
Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista
Journal of Criminal Law and Criminology
No abstract provided.