Criminal Law Commons^™

Inherently Female Cases Of Child Abuse And Neglect: A Gender-Neutral Analysis, Suzanne D'Amico

Fordham Urban Law Journal

Tabitha Walrond was a young mother who was found guilty of criminally negligent homicide after her two-month-old son died from malnutrition. This Comment examines how the portrayal of Ms. Walrond by the defense and prosecution, and in the media reflects gender stereotypes in the criminal law and society. The Comment posits the notion that Ms. Walrond was portrayed as either a good or bad mother and once so labeled, the judge, jury and prosecution view her as such, while ignoring her specific situation. As a result, a defendant such as Ms. Walrond may be treated either too harshly or too …

When Is It Wrong To Trade Stocks On The Basis Of Non-Public Information?: Public Views Of The Morality Of Insider Trading, Stuart P. Green, Matthew B. Kugler

Fordham Urban Law Journal

No abstract provided.

Interrogation And The Roberts Court, Jonathan Witmer-Rich

Law Faculty Articles and Essays

Through 2010, the Roberts Court decided five cases involving the rules for police interrogation under the Fifth and Sixth Amendments: Kansas v. Ventris; Montejo v. Louisiana; Florida v. Powell; Maryland v. Shatzer; and Berghuis v. Thompkins. This Article argues that these decisions show the Roberts Court reshaping constitutional interrogation rules according to a new (as-yet unarticulated) principle: “fair play” in interrogations. The Warren Court believed that suspects in police interrogation were vulnerable to inherent compelling pressures; the Court correspondingly created procedural interrogation rules under the Fifth and Sixth Amendments (Miranda and Massiah) to protect suspects. The Roberts Court does not …

Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green

Journal of Law and Health

For years, scholars, scientists, policymakers, and public advocacy groups have been exploring and debating whether AIIDs (alcohol ignition interlock devices) would effectively prevent someone from driving drunk. AIIDs measure blood alcohol content (BAC), which is the underlying scientific evidence of driving impairment. Indeed, the technology supporting AIIDs has steadily improved. Progress toward a consensus that identifies and ranks the potential goals that can be achieved with the AIID technology is slowly crystallizing. AIIDs have their found into way into legislation, both nationally and internationally, particularly legislation aimed at repeat offenders. And, installing AIIDs as standard equipment on vehicles has, indeed, …

The Unified Sealed Theory: Updating Ohio's Record-Sealing Statute For The Twenty-First Century, Michael H. Jagunic

Cleveland State Law Review

This Note will argue that Ohio's record sealing statute is still a viable means to achieve this balance, but that it must be supplemented by additional laws in order to remain effective. Part II provides a short history of record sealing and expungement in the United States and explains how Ohio's record sealing statute effectively deals with some common criticisms of record sealing. Part III then briefly examines why sealing and expungement statutes are becoming increasingly ineffective due to the proliferation of electronic criminal records and the rise of the data-mining industry. Part IV critiques some of the proposed solutions …

Political Gangsters: The Future Of Racketeering Law In Politics Note, Jillian Henzler

Cleveland State Law Review

Racketeering law and election restrictions are two areas of law that are not typically connected. Previous to the landmark decision in Citizens United, the chances of finding racketeering within election law were probably very slim.The corruption created by this new ruling is a fear that the government has been trying to combat for over a century. Not only will the effects of this new rule increase the appearance of corruption, this corruption may rise to a criminal level if racketeering action actually takes place. The ever-changing and expanding definition of racketeering under the Racketeering Influenced and Corrupt Organizations Act shows …

School Children And Parolees: Not So Special Anymore, Edwin Butterfoss

Faculty Scholarship

The Fourth Amendment special needs exception may be one of the Court’s most puzzling doctrines. Since its origin, the Court has struggled to define its limits and its place in the Court’s suspicionless search and seizure jurisprudence. At times the Court has suggested that the exception is the only route to upholding a search or seizure in the absence of individualized suspicion, while at other times it has stated that it is just one of a limited number of exceptions to the requirement of individualized suspicion. Historically, while the application of the special needs exception has been unpredictable, one thing …

Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

In this article, the author proposes that the prosecution’s obligation to disclose exculpatory information to the defense be formalized by statute, court rule, or internal protocol in ways that would reflect the current state of our knowledge of and experience with both Brady and wrongful convictions. This would improve on the current ineffective constitutional protection—and any existing statutory or rule-based regimes—in several ways. First, such a formalized regime would require disclosure of all materials that are reasonably helpful to the defense. Second, unlike the constitutional doctrine, which provides no reliable mechanism for monitoring police disclosure to the prosecution, an accompanying …

Arizona V. Gant: Missing An Opportunity To Banish Bright Lines From The Court’S Vehicular Search Incident To Arrest Jurisprudence, Jack Blum

Maryland Law Review

No abstract provided.

Prosecuting Child Pirates, Danielle Fritz

War Crimes Memoranda

No abstract provided.

The Failure Of Consent: Re-Conceptualizing Rape As Sexual Abuse Of Power, Michal Buchhandler-Raphael

Michigan Journal of Gender & Law

This Article argues that while rape law reform has accomplished significant changes in the past decades, the reform has since stalled. The contemporary focus on the element of consent might account for this stagnation. This move has both failed to effect instrumental change in the courts as well as in social norms, and is conceptually flawed and normatively misguided. The practical result of these deficiencies is that rape, as defined by our criminal justice system, bears little resemblance to the various forms of sexual abuses that are inflicted on victims. While rape law typically criminalizes only the physically violent sexual …

"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain

All Faculty Scholarship

A three-year-old child, while being bathed by her babysitter, innocently mentions that her “pee-pee” hurts. When the babysitter asks the child how she hurt it, she says, “Uncle Ernie (her mother’s boyfriend) told me not to tell.” A subsequent medical examination reveals that the child has gonorrhea, a sexually transmitted disease.

By the time of trial, the child is four and-a-half-years old. When questioned by the trial judge, she cannot explain to the judge’s satisfaction, “the difference between the truth and a lie.” Moreover, she has no long term memory of the incident. The judge rules the child incompetent to …

Good Faith And Law Evasion, Samuel W. Buell

Faculty Scholarship

Laws imposing sanctions can be self-defeating by supplying incentive and guidance for actors engaged in socially undesirable activities to reshape conduct to avoid penalties. Sometimes this is deterrence. But if the new activity, as much as the old, contravenes the normative stance of the legal project, it is a failure of law. The problem of evasion warrants response in many fields - not least in criminal law despite the frequent and too simple assumption that legality-related values require narrow prohibitions that unavoidably permit evasion. Three common responses to evasion have serious deficits. Foregoing control of evasion is a mistake if …

The Canadian Criminal Jury, Neil Vidmar, Regina Schuller

Faculty Scholarship

The Canadian criminal jury system has some unique characteristics. In contrast to American law, that gives precedent to free speech over fair trial, and English law, that favors fair trial over free speech, Canadian law occupies a middle ground balancing these competing values .Jury selection procedure in most trials is similar to that of England: jurors are assumed to be “impartial between the Queen and the accused” and are selected without a voir dire. However, in cases involving exceptional pretrial publicity or involving accused persons from racial or ethnic minority groups, jurors are vetted by a “challenge for cause” process …

The Federal Common Law Crime Of Corruption, Lisa Kern Griffin

Faculty Scholarship

This contribution to the North Carolina Law Review’s 2010 symposium, Adaptation and Resiliency in Legal Systems, considers the compatibility between the common law nature of honest services fraud and the dynamic quality of public integrity offenses. Corruption enforcement became a focal point of recent debates about over- criminalization because it typifies expansive legislative mandates for prosecutors and implicit delegations to courts. Federal prosecutions of political corruption have relied primarily on an open-textured provision: 18 U.S.C. § 1346, the honest services extension of the mail fraud statute. Section 1346 raises notice concerns because it contains few self-limiting terms, but it has …

Brief Of Amica Curiae, Deborah A. Demott In Support Of The Petitioner, Maples V. Thomas, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Inside-Out Enforcement, Lisa Kern Griffin

Faculty Scholarship

No abstract provided.

Somebody's Watching Me: Fcpa Monitorships And How They Can Work Better, F. Joseph Warin, Michael S. Diamant, Veronica S. Root

Faculty Scholarship

This article explores the rise of the corporate compliance monitor as a condition for settling violations of the U.S. Foreign Corrupt Practices Act (“FCPA”) — a setting in which federal prosecutors routinely impose monitors. If U.S. enforcement authorities maintain their current approach, the reality is that companies facing liability for violating the FCPA are likely to have a monitor imposed on them as part of a settlement agreement. From the U.S. government’s perspective, monitorships make sense for companies that violate anti-bribery laws, making it important for offending corporations to learn how to deal with monitors. Pulling from the authors’ extensive …

Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis

Villanova Law Review (1956 - )

The article discusses the debate on recognizing the innocence exception to the statute of limitations for original petitions for habeas corpus as provided in the Anti-terrorism and Effective Penalty Act of 1996 (AEDPA). Those who oppose cite the need for judicial economy and the absence of congressional intent. The author stresses the primordial concern of protecting the innocent and preventing miscarriage of justice as upheld by the history of habeas corpus and Supreme Court jurisprudence.

Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead

NYLS Law Review

No abstract provided.

Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

The Church Abuse Scandal: Were Crimes Against Humanity Committed?, Dermot Groome

Faculty Scholarly Works

No abstract provided.

What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.

In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.

Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg

War Crimes Memoranda

No abstract provided.

Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg

War Crimes Memoranda

No abstract provided.

Domestic Incorporation Of International Law: Comparative State Practice, Pilpg

War Crimes Memoranda

No abstract provided.

Payment Of Piracy Ransoms, Pilpg

War Crimes Memoranda

No abstract provided.

Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.