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Criminal Law Commons

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2010

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Institution
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Publication
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Articles 361 - 390 of 517

Full-Text Articles in Criminal Law

Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez Jan 2010

Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez

Journal of Criminal Law and Criminology

No abstract provided.


One Hundred Years Of Race And Crime, Paul Butler Jan 2010

One Hundred Years Of Race And Crime, Paul Butler

Journal of Criminal Law and Criminology

No abstract provided.


The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies Jan 2010

The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies

Journal of Criminal Law and Criminology

No abstract provided.


Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko Jan 2010

Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko

Journal of Criminal Law and Criminology

No abstract provided.


The Twilight Of The Pardon Power, Margaret Colgate Love Jan 2010

The Twilight Of The Pardon Power, Margaret Colgate Love

Journal of Criminal Law and Criminology

No abstract provided.


Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin Jan 2010

Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin

Journal of Criminal Law and Criminology

No abstract provided.


Capital Punishment In Illinois In The Aftermath Of The Ryan Commutations: Reforms, Economic Realities, And A New Saliency For Issues Of Cost, Leigh B. Bienen Jan 2010

Capital Punishment In Illinois In The Aftermath Of The Ryan Commutations: Reforms, Economic Realities, And A New Saliency For Issues Of Cost, Leigh B. Bienen

Journal of Criminal Law and Criminology

No abstract provided.


Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee Jan 2010

Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee

Journal of Criminal Law and Criminology

No abstract provided.


Forfeiture Of The Confrontation Right In Giles: Justice Scalia's Faint-Hearted Fidelity To The Common Law, Ellen Liang Yee Jan 2010

Forfeiture Of The Confrontation Right In Giles: Justice Scalia's Faint-Hearted Fidelity To The Common Law, Ellen Liang Yee

Journal of Criminal Law and Criminology

No abstract provided.


Liberation Reconsidered: Understanding Why Judges And Juries Disagree About Guilt, Amy Farrell, Daniel Givelber Jan 2010

Liberation Reconsidered: Understanding Why Judges And Juries Disagree About Guilt, Amy Farrell, Daniel Givelber

Journal of Criminal Law and Criminology

No abstract provided.


Swinging For The Fences: How Comprehensive Drug Testing, Inc. Missed The Ball On Digital Searches, Vincent Angermeier Jan 2010

Swinging For The Fences: How Comprehensive Drug Testing, Inc. Missed The Ball On Digital Searches, Vincent Angermeier

Journal of Criminal Law and Criminology

No abstract provided.


The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone Jan 2010

The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone

Journal of Criminal Law and Criminology

No abstract provided.


(Trans)Forming The Provocation Defense, Morgan Tilleman Jan 2010

(Trans)Forming The Provocation Defense, Morgan Tilleman

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews, Juliet S. Sorensen Jan 2010

Book Reviews, Juliet S. Sorensen

Journal of Criminal Law and Criminology

No abstract provided.


Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey Jan 2010

Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey

Journal of Criminal Law and Criminology

No abstract provided.


The Durability Of Prison Populations, John F. Pfaff Jan 2010

The Durability Of Prison Populations, John F. Pfaff

Faculty Scholarship

No abstract provided.


Retribution And The Experience Of Punishment., John Bronsteen Jan 2010

Retribution And The Experience Of Punishment., John Bronsteen

Faculty Publications & Other Works

No abstract provided.


Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter Jan 2010

Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter

Buffalo Law Review

No abstract provided.


Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller Jan 2010

Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller

Buffalo Law Review

No abstract provided.


Criminal Justice Law Reform: Stealing A Page From The American Playbook, James Stribopoulos Jan 2010

Criminal Justice Law Reform: Stealing A Page From The American Playbook, James Stribopoulos

Articles & Book Chapters

Criminal justice law reform is a major component of the Federal Government's current legislative agenda. Unfortunately, instead of basing reforms on criminological research or the advice of experts, our current Government, by its own admission, is far more interested in what ordinary Canadians think about the criminal justice system.


No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson Jan 2010

No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson

American University Law Review

No abstract provided.


Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh Jan 2010

Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh

American University Law Review

No abstract provided.


Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce Jan 2010

Federal Prosecution Of State And Local Officials Using Honest Services Mail Fraud: Where's The Line?, George E.B. Holding, Dennis M. Duffy, John Stuart Bruce

Campbell Law Review

Although there is little dispute that the mail fraud statute has become a valuable part of a federal prosecutor's arsenal, for years legal scholars have debated the extent to which the mail fraud statute should be used to prosecute corrupt state and local officials. In recent years, largely in response to the large number of high profile honest services fraud prosecutions, even members of the mainstream news media are beginning to seek guidance regarding the definition of honest services mail fraud. As noted by Professor George Brown, though the controversy over whether the national government should be responsible for prosecuting …


Culture-Based Crimes Against Women In Societies Absorbing Immigrants - Rejecting The "Mistake Of Law" Defense And Imposing Harsher Sentencing, Gabriel Hallevy Jan 2010

Culture-Based Crimes Against Women In Societies Absorbing Immigrants - Rejecting The "Mistake Of Law" Defense And Imposing Harsher Sentencing, Gabriel Hallevy

Cardozo Journal of Equal Rights & Social Justice

The article argues that the mistake of law defense is irrelevant in cases of culture-based crimes against women, particularly honor killings, committed by immigrants in Western societies. It asserts that such crimes, often justified by cultural preservation, warrant harsher sentencing rather than leniency due to cultural ignorance. The analysis distinguishes between first-generation immigrants and refugees, emphasizing that refugees should not receive special treatment in legal accountability. The article advocates for stricter legal measures to address these crimes and minimize their occurrence.


The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher Jan 2010

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Richmond Public Interest Law Review

To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …


The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert Jan 2010

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

Law Student Publications

This paper serves to fill that gap, using the history, players, and processes involved as a means to refocus sentencing reform. Part II provides a historical overview of drug sentencing from its conception to its current state. Part III looks at drug sentencing reforms, identifying the players involved and explaining their diverse motivations. Part IV presents lessons learned and proposes a moderate set of normative remedies.


How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo Jan 2010

How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to …


Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan Jan 2010

Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …


Judging Cruelty, Meghan J. Ryan Jan 2010

Judging Cruelty, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

he wisdom of the death penalty has recently come under attack in a number of states. This raises the question of whether states’ retreat from the death penalty, or other punishments, will pressure other states - either politically or constitutionally - to similarly abandon the punishment. Politically, states may succumb to the trend of discontinuing a punishment. Constitutionally, states may be forced to surrender the punishment if it is considered cruel, and, as a result of a large number of states renouncing it, the punishment also becomes unusual. If a punishment is thus found to be both cruel and unusual, …


Does The Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel And Unusual, Meghan J. Ryan Jan 2010

Does The Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel And Unusual, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

There is a great struggle in the United States between proponents of the death penalty and death penalty abolitionists who believe that the practice is cruel and even unconstitutional. Although the punishment of death is enshrined in the Fifth and Fourteenth Amendments of the Constitution, the Supreme Court seems to have followed its moral compass in chipping away at the death penalty because of the cruelty of the practice. The Court's struggle between the text of the Constitution and its moral inclinations in the death penalty context has resulted in an inconsistent and confusing Eighth Amendment Punishments Clause jurisprudence. While …