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Articles 271 - 300 of 517
Full-Text Articles in Criminal Law
Protecting Crime Victims In Federal Appellate Courts: The Need To Broadly Construe The Crime Victims' Rights Act's Mandamus Provisions, Paul Cassell
Utah Law Faculty Scholarship
In 2004, Congress passed the Crime Victims’ Rights Act to dramatically reshape the federal criminal justice system and ensure that crime victims are treated fairly in the criminal process. An important feature of the CVRA is its provisions allowing victims to enforce their rights not only in trial courts, but also in appellate courts. Among the enforcement provisions is one guaranteeing a crime victim expedited access to appellate review. The CVRA provides that if the district court denies any relief sought by a crime victim, the victim “may petition the court of appeals for a writ of mandamus. . . …
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga
American University Law Review
No abstract provided.
Does An Individual Government Official Qualify For Immunity Under The Foreign Sovereign Immunities Act?: A Human Rights-Based Approach To Resolving A Problematic Circuit Split, Heather L. Williams
Does An Individual Government Official Qualify For Immunity Under The Foreign Sovereign Immunities Act?: A Human Rights-Based Approach To Resolving A Problematic Circuit Split, Heather L. Williams
Maryland Law Review
No abstract provided.
United States V. Malloy: Unreasonably Denying Criminal Defendants A Reasonable Mistake Of Age Defense In The Fourth Circuit, Anne E. Di Salvo
United States V. Malloy: Unreasonably Denying Criminal Defendants A Reasonable Mistake Of Age Defense In The Fourth Circuit, Anne E. Di Salvo
Maryland Law Review
No abstract provided.
Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram
Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram
Faculty Scholarship
No abstract provided.
Defining The Problem, Hadar Aviram
Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt
Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt
Faculty Scholarship
No abstract provided.
It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little
It's Not My Problem? Wrong: Prosecutors Have An Important Ethical Role To Play, Rory K. Little
Faculty Scholarship
No abstract provided.
Sentencing Reform In California, Aaron J. Rappaport
Sentencing Reform In California, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
Changing The Topography Of Sentencing, Kate Bloch
Changing The Topography Of Sentencing, Kate Bloch
Faculty Scholarship
No abstract provided.
Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond
Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond
Faculty Scholarship
No abstract provided.
Statutory Interpretation Regarding Joint Criminal Enterprise And Roots In Codes Of Superior Responsibility Doctrine. Does Article 3(1)(B) Of The Stl Statute Refer To The Joint Criminal Enterprise Doctrine (Jce) Or To Another Mode Of Liability? If This Provision Does Not Refer To Jce, What Was The Intent Of The Drafters Of The Statute Regarding The Meaning Of This Provision? What Support Is There For The Proposition That The Doctrine Of Superior Responsibility Is Rooted In National Criminal And Military Codes? Which Ones? Is It Possible To Find Concordant Law-Cases Issued Before February 14 2005 By National Courts From Different Legal Systems Which Establishes That Superior Responsibility As Set Out In Article 3 Of The Stl Statute Is Applicable To Terrorists Acts, Murder Or Other Crimes Within The Jurisdiction Of The Stl?, Jacqueline C. Greene
War Crimes Memoranda
No abstract provided.
The Unintentional Rapist, Bennett Capers
Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill
Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Natural And Probable Consequences Doctrine: A Case Study In Failed Law Reform, 15 Berkeley J. Crim. L. 388 (2010), Michael G. Heyman
The Natural And Probable Consequences Doctrine: A Case Study In Failed Law Reform, 15 Berkeley J. Crim. L. 388 (2010), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes
Faculty Journal Articles and Book Chapters
The United States immigration system is especially difficult for children to navigate. Advocates commonly argue that this difficulty stems largely from the poor fit resulting from the application of a system designed for adults to the reality of the child immigrant experience. Advocacy efforts, including those that resulted in changes to detention policy and substantive immigration law regarding Unaccompanied Alien Children (UAC), therefore focus on modifying the system to recognize children as subjects, rather than objects, of immigration law. This article argues that the present efforts to streamline the immigration detention and relief experience for UACs by combating adult-centered bias …
Legal Ethics In International Criminal Defense, Jenia I. Turner
Legal Ethics In International Criminal Defense, Jenia I. Turner
Faculty Journal Articles and Book Chapters
This paper examines the new and complex dilemmas facing defense attorneys who represent clients before international criminal courts. It argues that the unique features and goals of international criminal trials demand a distinct approach to resolving some of these ethical dilemmas. In particular, the goals of international trials are broader and often more political than those of ordinary domestic trials, and the applicable procedures are a unique hybrid of the inquisitorial and adversarial traditions. Moreover, some of the justifications for aggressive defense at the domestic level - such as discouraging disengaged advocacy and protesting overly harsh punishments - are less …
Is The Failure To Respond Appropriately To A Natural Disaster A Crime Against Humanity - The Responsibility To Protect And Individual Criminal Responsibility In The Aftermath Of Cyclone Nargis, 38 Denv. J. Int'l L. & Pol'y 227 (2010), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
On May 2 and 3, 2008, Cyclone Nargis struck Myanmar, devastating large portions of the Irrawaddy Delta and creating the potential for a massive humanitarian crisis. Yet, the Myanmar government rejected aid from some countries, limited the amount of aid entering the country to a fraction of what was needed, and strictly controlled how that aid was distributed The United Nations and many governments criticized Myanmar's response to the Cyclone as inadequate and inhumane, and senior politicians from a number of countries discussed whether the situation justified invoking the "responsibility to protect" doctrine This article explores several questions, including: (1) …
Constitutional Protections: State V. Individual Interests – Which Should Prevail? Symposium Report, Jennifer Ponder, Abre’ Conner
Constitutional Protections: State V. Individual Interests – Which Should Prevail? Symposium Report, Jennifer Ponder, Abre’ Conner
American University Criminal Law Brief
No abstract provided.
The Attorney General’S Power Of Certification Regarding State Mechanisms To Opt-In Tostreamlined Habeas Corpus Procedure, Jennifer Ponder
The Attorney General’S Power Of Certification Regarding State Mechanisms To Opt-In Tostreamlined Habeas Corpus Procedure, Jennifer Ponder
American University Criminal Law Brief
No abstract provided.
Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Michael Yellott
Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Michael Yellott
American University Criminal Law Brief
No abstract provided.
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken Levy
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken Levy
Georgia Law Review
For over a century now, American scholars(among others) have been debating the merits of "bad-Samaritan" laws-laws punishing people for failing to attempt "easy rescues." Unfortunately, the opponents of bad-Samaritan laws have mostly prevailed. In the United States, the "no-duty-to-rescue" rule dominates. Only four states even have bad-Samaritan laws, and these laws impose only the most minimal punishment-either sub-$500 fines or short-term imprisonment. This Article argues that this situation needs to be remedied. Every state should criminalize bad Samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against …
Waiving Good-Bye To Inconsistency: Factual Basis Challenges To Guilty Pleas In Federal Courts, William T. Stone Jr
Waiving Good-Bye To Inconsistency: Factual Basis Challenges To Guilty Pleas In Federal Courts, William T. Stone Jr
Georgia Law Review
Rule 11(b)(3) of the Federal Rules of CriminalProcedure
requires courts to determine that criminal defendants'
guilty pleas have a factual basis. Once a district court
accepts a guilty plea, appellate courts diverge in their
willingness to review challenges to the sufficiency of the
plea's factual basis. Some federal circuits hold that a
factual basis challenge is waived by the guilty plea. Other
jurisdictions will review a defendant's factual basis
challenge on appeal. Despite the lack of clarity on this
point, the Supreme Court has not yet provided guidance
and the federal circuit courts have not offered a great deal
of …
Prosecution Of Genocide V. The Fair Trial Principle: Comments On Brown And Others V. The Government Of Rwanda And The Uk Secretary Of State For The Home Department, Mark A. Drumbl
Scholarly Articles
The article examines the 2009 decision of the United Kingdom High Court of Justice to deny the extradition of four genocide suspects to Rwanda owing to fair trial and partiality concerns with the Rwandan judiciary. It begins by reviewing the relevant UK extradition legislation, the pertinent facts and the rationale for the judgment and proceeds to situate this decision within the broader transnational judicial scepticism about the extradition or transfer of genocide suspects to Rwanda. While this scepticism arises from valid concerns regarding the contemporary state of human rights in Rwanda, it nevertheless contributes to the perpetuation of impunity surrounding …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Nevada Law Journal
The central thesis of this essay is that, consistent with the “art of overruling,” the Court could have limited Mapp, for example, by extending the good-faith reasonable mistake rationale that animates cases like United States v. Leon. As developed below, the facts of Herring are quite similar to the facts of other cases where the Court upheld police conduct that, although erroneous, seemed reasonable; accordingly, excluding the illegally obtained evidence had no value as a deterrent of future conduct in light of the reasonableness of the police officer's mistake. However, Herring goes much further and points towards a much greater …
The Contradictions Of Juvenile Crime & Punishment, Jeffrey Fagan
The Contradictions Of Juvenile Crime & Punishment, Jeffrey Fagan
Faculty Scholarship
This essay explores the contradictions and puzzles of modern juvenile justice, and illustrates the enduring power of the child-saving philosophy of the juvenile court in an era of punitiveness toward offenders both young and old. The exponential growth in incarceration in the U.S. since the 1970s has been more restrained for juveniles than adults, even in the face of a youth violence epidemic that lasted for nearly a decade. Rhetoric has grown harsher in the wake of moral panics about youth crime, juvenile codes now express the language of retribution and incapacitation, yet the growth in incarceration of juveniles was …
Meditaciones Postmodernas Sobre El Castigo: Acerca De Los Límites De La Razón Y De Las Virtudes De La Aleatoriedad (Una Polémica Y Un Manifiesto Para El Siglo Xxi), Bernard E. Harcourt
Meditaciones Postmodernas Sobre El Castigo: Acerca De Los Límites De La Razón Y De Las Virtudes De La Aleatoriedad (Una Polémica Y Un Manifiesto Para El Siglo Xxi), Bernard E. Harcourt
Faculty Scholarship
Abstract in Spanish
Durante la Modernidad, el discurso sobre la pena ha girado circularmente en torno a tres grupos de interrogantes. El primero, surgido de la propia Ilustración, preguntaba: ¿En qué basa el soberano su derecho de penar? Nietzsche con mayor determinación, pero también otros, argumentaron que la propia pregunta implicaba ya su respuesta. Con el nacimiento de las ciencias sociales, este escepticismo hizo surgir un segundo conjunto de interrogantes: ¿Cuál es, entonces, la verdadera función de la pena? ¿Qué es lo que hacemos cuando penamos? Una serie de críticas ulteriores – de metanarrativas, funcionalistas o de objetividad científica – …
Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey
Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution Of Honest Services Fraud, Lisa L. Casey
Journal Articles
This article examines the federal government's growing use of 18 U.S.C. § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. In 2009, Justice Antonin Scalia pointed to the numerous interpretive questions dividing the federal appellate courts and proclaimed that it was "quite irresponsible" to let the "current chaos prevail." Since then, …