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Articles 91 - 120 of 477
Full-Text Articles in Criminal Law
From Protection To Punishment: Post-Conviction Barriers To Justice For Domestic Violence Survivor-Defendants In New York State, Tamar Kraft-Stolar, Elizabeth Brundige, Sital Kalantry, Jocelyn Getgen Kestenbaum, Avon Global Center For Women And Justice At Cornell Law School, Women In Prison Project (Correctional Association Of New York)
From Protection To Punishment: Post-Conviction Barriers To Justice For Domestic Violence Survivor-Defendants In New York State, Tamar Kraft-Stolar, Elizabeth Brundige, Sital Kalantry, Jocelyn Getgen Kestenbaum, Avon Global Center For Women And Justice At Cornell Law School, Women In Prison Project (Correctional Association Of New York)
Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence
No abstract provided.
When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan
When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan
Washington and Lee Law Review
No abstract provided.
The Origins Of Back-End Sentencing In California: A Dispatch From The Archives, Sara Mayeux
The Origins Of Back-End Sentencing In California: A Dispatch From The Archives, Sara Mayeux
Vanderbilt Law School Faculty Publications
In recent years, policy analysts have generated a small body of literature about the practice of "back-end sentencing," observing that California uses parole revocation in lieu of criminal prosecution for a surprisingly high number of cases, including many that would otherwise be considered serious crimes. Some of these offenders may be getting away with far shorter sentences than if their conduct were prosecuted criminally. Surely others are being railroaded into serving time for charges of which they could never be convicted beyond a reasonable doubt. And many are being cycled in and out of prison on fairly minor violations for …
Infusing Due Process And The Principle Of Legality Into Contempt Proceedings Before The International Criminal Tribunal For The Former Yugoslavia Ad The International Criminal Tribunal For Rwanda, Gwendolyn Stamper
Michigan Law Review
Contempt proceedings before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda suffer from two procedural defects: the hearings run afoul of the principle of legality and fail to afford calibrated procedural protection for accused contemnors. First, this Note contends that these two tribunals properly rely on their inherent powers to codify procedural rules for contempt proceedings. However the tribunals' inherent power to prosecute contempt does not allow the courts to punish contemptuous conduct that has not been explicitly proscribed. Such a prosecution contravenes the principle of legality, which provides that criminal responsibility may …
Piracy Off The Coast Of Somalia: In Search Of The Solution, Alexandr Rahmonov
Piracy Off The Coast Of Somalia: In Search Of The Solution, Alexandr Rahmonov
Cornell Law School Inter-University Graduate Student Conference Papers
Piracy it is not a phenomenon of the past. Modern piracy has become a profitable business, especially off the coast of Somalia, where thousands of pirates are currently involved in criminal activity targeting all kinds of vessels from fishing boats to oil supertankers. Only in 2009, Somali pirates committed about 217 attempted and actual attacks. As a response, the UN Security Council has passed several resolutions authorising military raids against pirates "on land and by air" and requested the Secretary-General to submit a report offering effective counter-piracy measures. Drafted in July 2010, the "Report on possible options to further the …
Mcdonald's Other Right, Samuel L. Wiseman
Mcdonald's Other Right, Samuel L. Wiseman
Scholarly Publications
No abstract provided.
The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl
The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum
Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum
Nevada Supreme Court Summaries
An appeal from a district court order clarifying a judgment granting a writ of mandamus, and a proper person appeal from a district court order granting a motion to dismiss
Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth
Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth
Nevada Supreme Court Summaries
A proper person appeal and counsel cross-appeal to have factual statements in a presentence investigation report (PSI) corrected after a prisoner’s sentencing.
Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell
Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell
Nevada Supreme Court Summaries
An appeal from a judgment of conviction, by way of jury verdict, for battery and injury to other property.
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth
"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth
American University Journal of Gender, Social Policy & the Law
No abstract provided.
International Criminal Court's Protection Of Women: The Hands Of Justice At Work, Tina R. Karkera
International Criminal Court's Protection Of Women: The Hands Of Justice At Work, Tina R. Karkera
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Why Do They Continue To Get The Worst Of Both Worlds? The Case For Providing Louisiana's Juveniles With The Right To A Jury In Delinquency Adjudications, Sandra M. Ko
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Atkins V. Virginia: National Consensus Or Six-Person Opinion?, Joanna Hall
Atkins V. Virginia: National Consensus Or Six-Person Opinion?, Joanna Hall
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Memory And Punishment, O. Carter Snead
Memory And Punishment, O. Carter Snead
Vanderbilt Law Review
Developments in cognitive neuroscience-the science of how the brain enables the mind--continue to prompt profound scholarly debate and reflection on the practice and theory of criminal law. Advances in the field have raised vexing questions relating to lie detection, interrogation methods, the Fifth Amendment right against compelled self-incrimination, competency to stand trial, defenses to guilt (such as diminished capacity and insanity), sentencing, and the relationship between moral responsibility and punishment. Similarly, for the past decade, philosophers, scientists, clinicians, and legal scholars have been engaged in a major debate about the cognitive neuroscience of memory and new capacities to modify it …
Foreward: The Brain Sciences And Criminal Law Norms, Theodore Y. Blumoff
Foreward: The Brain Sciences And Criminal Law Norms, Theodore Y. Blumoff
Mercer Law Review
In general, researchers hope to answer the same ontological question: "Who are we?" Practitioners address the question in their own unique ways, employing the rhetoric and idioms, and the agenda and metrics, that express their respective domains. Researchers in the various brain sciences work at the frontier of knowledge about our brains, the final material cause of all of our endeavors. They fully share the commitment to this fundamental question. From the perspective of the brain sciences, the answer to this question-though certainly not now and perhaps never fully elaborated-is nonetheless more widely understood than at any time in human …
The Stability Of Self-Control Among South Korean Adolescents, Ilhong Yun, Anthony Walsh
The Stability Of Self-Control Among South Korean Adolescents, Ilhong Yun, Anthony Walsh
Criminal Justice Faculty Publications and Presentations
Gottfredson and Hirschi’s General Theory of Crime has been widely tested. Yet, one of their key hypotheses—the stability of self-control hypothesis—has received little attention from researchers, and no known study has examined the applicability of the stability hypothesis in a non-western context. Given Gottfredson and Hirschi’s claim that their low self-control theory transcends cultural and national boundaries, we tested the hypothesis with a nationally representative sample of South Korean adolescents using five year panel data. Consistent with studies conducted in the U.S., our results offer partial support for Gottfredson and Hirschi’s stability hypothesis. We also provide comparative interpretations of our …
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
University of Richmond Law Review
Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Buffalo Law Review
No abstract provided.
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
Law Student Publications
Part I of this comment provides a brief review of Furman and the circumstances leading to the decision. Part II discusses the factors indicating current arbitrariness and other recurring fac-tors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.
Handbook Of Comparative Criminal Law [Book Review], Siyuan Chen
Handbook Of Comparative Criminal Law [Book Review], Siyuan Chen
Research Collection Yong Pung How School Of Law
Imagine gathering the views of some of the leading criminal law academics from around the world – traversing 16 countries, 6 continents, and 5 different legal systems, to be precise – by way of essays designed to provide an introductory framework for almost all of the major criminal law systems in the world to be compared and contrasted. This 660-page book is supposed to be a compelling manifestation of that imagination, and indeed is touted as a first of its kind in terms of the depth and breadth in coverage.
Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton
Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
Smith And Women's Equality, Leslie C. Griffin
Smith And Women's Equality, Leslie C. Griffin
Cardozo Law Review
No abstract provided.
Human Trafficking In Indonesia: Law Enforcement Problems, Nathalina Naibaho
Human Trafficking In Indonesia: Law Enforcement Problems, Nathalina Naibaho
Indonesia Law Review
Human Trafficiking is considered as a crime against humanity. To conduct the due process of law towards cases related with human trafficking, the law enforcement officers cannot work by themselves. They really need assistance from many parties – such as active report from the society – as a valuable information to disclose such cases. Law enforcement conducted towards woman and child trafficking is still ineffective. It is proven by many existing cases, that low number of processed cases before the court and minimum sanction convicted to the perpetrators is clearly evident. Factors which are deemed to have correlation with low …
Introduction, Hon. Steven C. Gonzàlez
Introduction, Hon. Steven C. Gonzàlez
Seattle University Law Review
At Seattle University School of Law’s Symposium on Racial Bias and the Criminal Justice System, students, faculty, judges, scholars, lawyers, and community members gathered to address racial disparity in the criminal justice system and to explore ways to keep the promise of our democracy that we all are equal before the law. Race, ethnicity, skin color, and national origin profoundly influence our legal structure and our liberty. The way that race influences perceptions and actions is critically important in the context of our criminal justice system—a system that changes lives, disrupts and protects communities, and represents a key part of …
“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System, Krista L. Nelson, Jacob J. Stender
“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System, Krista L. Nelson, Jacob J. Stender
Seattle University Law Review
Despite their differences, both the majority and concurring opinions in Monday present new ways to address prosecutorial misconduct, deter the injection of racial bias into courtroom proceedings, and create substantively similar outcomes. Part II of this Note discusses the traditional prosecutorial misconduct test in Washington State, as well as the rules articulated by the Monday majority and concurrence. Part III discusses the implications of both the majority and concurring opinions, the primary differences in their approaches to deterrence, the degree of racial bias they require to warrant reversal of a conviction, and the discretion they afford the judiciary. Part III …
Methodological Issues In Biased Policing Research With Applications To The Washington State Patrol, Clayton Mosher, J. Mitchell Pickerill
Methodological Issues In Biased Policing Research With Applications To The Washington State Patrol, Clayton Mosher, J. Mitchell Pickerill
Seattle University Law Review
Racial profiling violates the United States Constitution’s premise that all people are equal under the law, as well as the Fourth Amendment’s guarantee that people should be free from unreasonable searches and seizures. Racial profiling has been found to result from individual officer racism or stereotyping, from institutionalized biases, and from the organizational culture of law enforcement agencies. We begin this Article by discussing the history of racial profiling before proceeding to consider various studies from a select number of American jurisdictions. We then examine important methodological and theoretical issues in conducting research on racial profiling and racially biased policing, …