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Criminal Law Commons

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2010

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Articles 1 - 30 of 517

Full-Text Articles in Criminal Law

Staying Out Of Court: Leadership Factors For Consideration As Higher Education Administrators, Steven R. Briggs Dec 2010

Staying Out Of Court: Leadership Factors For Consideration As Higher Education Administrators, Steven R. Briggs

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Higher education leaders have a tremendous responsibility as it relates to legal concerns. This guidebook is intended to assist leaders in higher education by providing factors for which administrators serving in a student affairs or higher education leadership role should consider. This guidebook is designed to offer five recommendations for best practices. The guidebook will also review the 2007 rape and murder of a Eastern Michigan University student in demonstrating how leaders at this institution failed to follow these five factors of best practice and thus providing examples of negligence or tort liability, which has best been defined as civil …


Criminal Law, Franklin J. Hogue, Laura D. Hogue Dec 2010

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

This year we selected a small number of significant cases and amendments to Georgia criminal law on which to focus this Survey This narrower focus allows slightly more in-depth treatment within the space limitations and may be more useful, so we hope, to practicing trial lawyers in the ever-changing area of criminal law.

  • PRETRIAL ISSUES
  • OPEN COURTROOM
  • VENUE
  • AMENDMENTS IN RESPONSE To DECISIONS
  • SENTENCING


Prolegomenon On The Status Of The Hopey, Changey Thing In American Criminal Justice, Frank O. Bowman Iii Dec 2010

Prolegomenon On The Status Of The Hopey, Changey Thing In American Criminal Justice, Frank O. Bowman Iii

Faculty Publications

This is an introductory essay to Volume 23, Number 2, of the FEDERAL SENTENCING REPORTER, which considers the state of American criminal justice policy in 2010, two years after the "Change" election of 2008. Part I of the essay paints a statistical picture of trends in federal criminal practice and sentencing over the last half-decade or so, with particular emphasis on sentence severity and the degree of regional and inter-judge sentencing disparity. The statistics suggest that the expectation that the 2005 Booker decision would produce a substantial increase in the exercise of judicial sentencing discretion and a progressive abandonment of …


Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels Dec 2010

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels

Faculty Scholarship

No abstract provided.


Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian Dec 2010

Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian

American University Law Review

No abstract provided.


The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr. Dec 2010

The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr.

Popular Media

Police forces tend to be among the most secretive and least accountable of all organizations. When pressed for accountability or sued for malfeasance, obfuscation and evasiveness are the typical response. The phenomenon is hardly limited to certain countries or societies–the unassailability of police organizations seems to be universal.–Michael H. Fox The serve-and-protect model of police motivation that was drummed into police corps across the country in the aftermath of the response to anti-war demonstrations in the sixties and seventies has been heavily encroached on by the control-and-suppress model.–J. Ackerman The best motto for a police officer is that sticks and …


Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels Dec 2010

Competing Theories Of Blackmail: An Empirical Research Critique Of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels

Faculty Scholarship

No abstract provided.


The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary H. Federman Dec 2010

The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz’s life …


Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger Fairfax Dec 2010

Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

The grand jury is a "much maligned" organ of the criminal justice system.' Regularly employed in only about half of the states and grudgingly tolerated in the federal system,2 the American grand jury for two centuries has been criticized as costly, ineffective, overly-compliant, and redundant. Prescriptions have ranged from reforms designed to improve the grand jury's performance of its traditional filtering and charging functions to the outright abolition of the grand jury. Consequently, much of the scholarly defense of the grand jury seemingly has done little more than attempt to justify its very existence.

This Article seeks to take the …


Hope And Betrayal On Death Row, David Cole Nov 2010

Hope And Betrayal On Death Row, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Summary Of State V. Castaneda_Swm, 126 Nev. Adv. Op. No. 45, Sean W. Mcdonald Nov 2010

Summary Of State V. Castaneda_Swm, 126 Nev. Adv. Op. No. 45, Sean W. Mcdonald

Nevada Supreme Court Summaries

Appeal from order of dismissal of indecent exposure charges, after the district court judge concluded the state indecent exposure statute was unconstitutionally vague and overbroad.


Annotated Bibliography On Independent Prison Oversight, Michele Deitch Nov 2010

Annotated Bibliography On Independent Prison Oversight, Michele Deitch

Pace Law Review

No abstract provided.


Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch Nov 2010

Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch

Pace Law Review

No abstract provided.


Getting To Yes In A Plra World, Elizabeth Alexander Nov 2010

Getting To Yes In A Plra World, Elizabeth Alexander

Pace Law Review

No abstract provided.


Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard Nov 2010

Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard

Pace Law Review

No abstract provided.


Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham Nov 2010

Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham

Pace Law Review

No abstract provided.


Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf Nov 2010

Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf

Pace Law Review

No abstract provided.


Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner Nov 2010

Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner

Pace Law Review

No abstract provided.


Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck Nov 2010

Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck

Pace Law Review

No abstract provided.


Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard Nov 2010

Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard

Pace Law Review

No abstract provided.


The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman Nov 2010

The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman

Pace Law Review

No abstract provided.


Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers Nov 2010

Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers

Pace Law Review

No abstract provided.


The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger Nov 2010

The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger

Pace Law Review

No abstract provided.


The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern Nov 2010

The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern

Pace Law Review

No abstract provided.


The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale Nov 2010

The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale

Pace Law Review

No abstract provided.


Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle Nov 2010

Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle

Pace Law Review

No abstract provided.


Prison Oversight And Prison Leadership, Stan Stojkovic Nov 2010

Prison Oversight And Prison Leadership, Stan Stojkovic

Pace Law Review

No abstract provided.


The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green Nov 2010

The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green

Pace Law Review

No abstract provided.


Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach Nov 2010

Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach

Pace Law Review

No abstract provided.


Distinguishing The Various Functions Of Effective Prison Oversight, Michele Deitch Nov 2010

Distinguishing The Various Functions Of Effective Prison Oversight, Michele Deitch

Pace Law Review

No abstract provided.