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Articles 121 - 150 of 599
Full-Text Articles in Criminal Law
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Going Nowhere Fast (Or Furious): The Nonexistent U.S. Firearms Trafficking Statute And The Rise Of Mexican Drug Cartel Violence, Stewart M. Young
Going Nowhere Fast (Or Furious): The Nonexistent U.S. Firearms Trafficking Statute And The Rise Of Mexican Drug Cartel Violence, Stewart M. Young
University of Michigan Journal of Law Reform
Drug trafficking violence in Mexico, now reaching epidemic proportions, greatly impacts both the Mexican and United States governments. Despite the escalation of the "War on Drugs, " drug trafficking from Mexico to the United States continues largely unabated, stifling tourism revenue and lawful economic opportunities, and causing violence previously unknown in Mexico. Thus far, the United States' efforts to deal with this drug trafficking and violence include the recent debacle of Operation Fast and Furious. News regarding this Bureau of Alcohol, Tobacco, Firearms and Explosives'(ATF) operation shocked citizens and lawmakers alike, as Fast and Furious allowed firearms to "walk" down …
Piracy Prosecutions In National Courts, Maggie Gardner
Piracy Prosecutions In National Courts, Maggie Gardner
Cornell Law Faculty Publications
At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the …
Second-Order Linking Principles: Combining Vertical And Horizontal Modes Of Liability, Jens David Ohlin
Second-Order Linking Principles: Combining Vertical And Horizontal Modes Of Liability, Jens David Ohlin
Cornell Law Faculty Publications
Both the ICTY and the ICC have struggled to combine vertical and horizontal modes of liability. At the ICTY, the question has primarily arisen within the context of ‘leadership-level’ JCEs and how to express their relationship with the Relevant Physical Perpetrators of the crimes. The ICC addressed the is-sue by combining indirect perpetration with co-perpetration to form a new mode of liability known as indirect co-perpetration. The following article argues that these novel combinations — vertical and horizontal modes of liability — cannot be simply asserted; they must be defended at the level of criminal law theory. Unfortunately, courts that …
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
A Failure Of The Fourth Amendment & Equal Protection's Promise: How The Equal Protection Clause Can Change Discriminatory Stop And Frisk Policies, Brando Simeo Starkey
Michigan Journal of Race and Law
Terry v. Ohio changed everything. Before Terry, Fourth Amendment law was settled. The Fourth Amendment had long required that police officers have probable cause in order to conduct Fourth Amendment invasions; to administer a "reasonable" search and seizure, the state needed probable cause. But in 1968, the Warren Court, despite its liberal reputation, lowered the standard police officers had to meet to conduct a certain type of search: the so-called "'stop' and 'frisk.'" A "stop and frisk" occurs when a police officer, believing a suspect is armed and crime is afoot, stops the suspect, conducts an interrogation, and pats him …
Reliability And Relevance As The Touchstones For Admissibility Of Evidence In Criminal Proceedings: Muhammad Bin Kadar V Pp [2011] 3 Slr 1205 [Case Note], Siyuan Chen
Research Collection Yong Pung How School Of Law
The Court of Appeal in Muhammad bin Kadar v PP [2011] 3 SLR 1205 (“Kadar”) formally recognised the judicial discretion to exclude evidence as an integral part of the law on criminal evidence in Singapore. This discretion, the court held, would help ensure that all evidence coming before the court would be as reliable as possible. While this commentary agrees that the foundational basis for the exclusionary discretion doctrine is desirable, it suggests that there are difficulties with the application of the doctrine. An alternative approach that works around the difficulties is canvassed for consideration.
Indonesia’S Regional Anti-Corruption Courts: Should They Be Abolished?, Simon Butt
Indonesia’S Regional Anti-Corruption Courts: Should They Be Abolished?, Simon Butt
Indonesia Law Review
Indonesia’s regional anti-corruption courts have been criticised in recent times for perceived impropriety and for acquitting defendants. Senior jurists and politicians have called for these courts to be abolished or recentralised. This article suggests that neither abolition nor recentralisation is prudent and that these criticisms might not be supported by available case statistics. In any event, this article argues, acquittal rates are very poor indicators of judicial performance. Indeed, acquittals might be legally correct, or even necessary, in some cases. More resources should be allocated to these courts, and to the Corruption Eradication Commission so that it can investigate and …
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Touro Law Review
No abstract provided.
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
Touro Law Review
No abstract provided.
An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin
An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin
Touro Law Review
No abstract provided.
Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince
Touro Law Review
No abstract provided.
Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza
Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza
Touro Law Review
No abstract provided.
I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier
Touro Law Review
No abstract provided.
New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia
New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia
Touro Law Review
No abstract provided.
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Touro Law Review
No abstract provided.
Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas
Touro Law Review
No abstract provided.
Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell
Touro Law Review
No abstract provided.
Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose
Touro Law Review
No abstract provided.
What Use Are Legal Academics?, Roger Fairfax
The Cultural Complex Of Innocence: An Examination Of Media And Social Construction Of Missing White Woman Syndrome, Sarah Land Stein
The Cultural Complex Of Innocence: An Examination Of Media And Social Construction Of Missing White Woman Syndrome, Sarah Land Stein
Dissertations
This study examined the etiology and promulgation of the sociological phenomenon known as missing white woman syndrome. It was hypothesized that missing white woman syndrome may not be entirely attributable to racial disparity as has been claimed in the past. Rather, citing the work of Dr. Carl Jung, the researcher believed that missing white woman syndrome may be partially explained by a concept known as a cultural complex. The cultural complex that was hypothesized for purposes of this study is one related to innocence: That is, as a western society, we have been culturally overexposed to the blonde, Caucasian female …
Drugs, Crime, And The Epigenetics Of Hedonic Allostasis, Anthony Walsh, Hailey Johnson, Jonathan D. Bolen
Drugs, Crime, And The Epigenetics Of Hedonic Allostasis, Anthony Walsh, Hailey Johnson, Jonathan D. Bolen
Criminal Justice Faculty Publications and Presentations
Researchers have found staggering numbers of drug addicts among incarcerated populations and have conceded that drug abuse is an important correlate of deviant behavior, but few included an understanding of the biological process leading to drug addiction. Chronic drug abuse and criminality are housed within a much broader propensity of some individuals to engage in a variety of antisocial behaviors, and this article clarifies the link and proposed shared mechanisms between criminal behavior and drug abuse through a molecular-genetic and neurobiological lens. Multiple genes, enzymes, and transcription factors are involved in drug addition, with over 100 genes known to be …
Law And Justice On The Small Screen, Jessica Silbey
Law And Justice On The Small Screen, Jessica Silbey
Books
'Law and Justice on the Small Screen' is a wide-ranging collection of essays about law in and on television. In light of the book's innovative taxonomy of the field and its international reach, it will make a novel contribution to the scholarly literature about law and popular culture. Television shows from France, Canada, the United Kingdom, Germany, Spain and the United States are discussed. The essays are organised into three sections: (1) methodological questions regarding the analysis of law and popular culture on television; (2) a focus on genre studies within television programming (including a subsection on reality television), and …
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Law & Economics Working Papers
This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by …
Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso
Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso
Pell Scholars and Senior Theses
This article proposes that educational and community based programs can help juveniles stay away from crime and prevent recidivism. A presentation of federal and state statistics, along with an analysis of the risk factors for delinquency, will be provided in order to illustrate the important areas that should be addressed in successful programs. Testimonies, including personal interviews with those who have experience working at the RI Training School, DCYF, Boys' Town, Child and Family Services will be shared as evidence of the research found. Finally, recommendations based on the findings will be proposed.
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Pepperdine Law Review
No abstract provided.
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.