Criminal Law Commons^™

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.

Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman

Touro Law Review

No abstract provided.

Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler

Pepperdine Law Review

There is a growing recognition that crime victims have identifiable interests of sufficient legitimacy and significance to justify expanding their role in criminal proceedings beyond that as a mere non-party witness. This article traces the history of the victim in society and suggests reforms which will help to place the crime victim back into a more meaningful position in the American criminal justice system. Comparisons are made between differing state, national, and international victim programs and the author provides some well-needed insight into the costs and benefits of implementing new ideas which would assist in redefining the role of the …

Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes

Pepperdine Law Review

Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement …

Victims' Perceptions Of Criminal Justice, Deborah P. Kelly

Pepperdine Law Review

This article considers the criminal justice system from the crime victim's perspective. Victims are the people behind crime statistics. They are the individuals who suffer the injuries inflicted by criminals and who reveal the existence of crime when they report it. Victims are the key to apprehending criminals and the justification for the state's subsequent prosecution, yet they are often the people we know least about.

The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson

Pepperdine Law Review

The failure of the present criminal justice system to provide meaningful participation for victims of crime has launched crime victim reform measures to the forefront of the legislative agenda. This article explores current reform measures and proposes new programs to increase the quantity of victims' rights and enhance the quality of victim involvement.

The Victims' Movement: An Idea Whose Time Has Come, Frank Carrington, George Nicholson

Pepperdine Law Review

The victims' rights movement has only recently gained national exposure. The advances in victims' rights are seen in legislation on the federal and state levels and in various victim support groups. Through the cooperative effort of victims' rights advocates in the public and private sectors, the rights of crime victims are gradually being extended to their rightful place.

Letters Of Introduction, Robert E. Palmer

Pepperdine Law Review

No abstract provided.

Victims' Rights Symposium: Table Of Contents, Robert E. Palmer

Pepperdine Law Review

No abstract provided.

Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla

Pepperdine Law Review

At the end of the 1982 term, in Jones v. United States, the United States Supreme Court upheld a District of Columbia statute requiring the automatic and indefinite commitment of persons acquitted by reason of insanity. While under the D.C. statute the acquittee is periodically given the opportunity to gain release, the practice of involuntarily confining someone who has been acquitted raises serious due process and equal protection issues. This note examines the Court's analysis of these issues, focusing on a comparison of the elements necessary for an insanity defense with the showing required by the due process clause for …

Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.

The Resistance Defense, Jenny E. Carroll

Faculty Scholarship

This article explores a previously ignored set of defendants — those who choose to rely on a defense of resistance. From Warren Jeffs, the polygamist recently convicted of child rape in Texas, to John Brown, the fiery abolitionist who led a raid on the federal armory at Harpers Ferry in the hopes of triggering an armed insurrection, these defendants waived their procedural rights and transformed their criminal trials into a commentary on the deficiencies of the law and the system that supports it. Though their belief systems varied, they appear throughout history in moments of social or political crisis and …

Opinion: A Two-Part State Supreme Court, Stanley Mosk

Pepperdine Law Review

No abstract provided.

Consecutive Misdemeanor Sentencing: Curing The Inequity , Gary R. Nicols, Harry M. Caldwell

Pepperdine Law Review

No abstract provided.

Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote

Pepperdine Law Review

No abstract provided.

This Is Martin Bonner, Jeanette Reedy Solano

Journal of Religion & Film

This is a film review of This is Martin Bonner (2013) directed by Chad Hartigan.

Simplifying Federal Criminal Laws , Robert H. Joost

Pepperdine Law Review

No abstract provided.

Zappers & Employment Tax Fraud, Richard Thompson Ainsworth

Faculty Scholarship

Beyond the grey area of worker misclassifications and general employment tax irregularities there are darker employment relationships where workers are intentionally paid in cash “off-the-books” or “under-the-table.” Grey employment relationships present civil enforcement issues that may become criminal; darker-relationships are criminal from the beginning. Zappers are found on the dark side.

Zappers are fraud-technologies that automatically (and remotely) skim cash from electronic cash registers (ECRs) or back room point of sales (POS) systems. Globally, tax auditors are finding that Zappers frequently provide the cash that is used to compensate “under-the-table” workers. In fact, a Zapper appears to be at the …

The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews

Pepperdine Law Review

No abstract provided.

Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss

Pepperdine Law Review

No abstract provided.

Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson

Pepperdine Law Review

No abstract provided.

Avoiding The Insanity Defense Strait Jacket: The Mens Rea Route, Harlow M. Huckabee

Pepperdine Law Review

No abstract provided.

Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons

Pepperdine Law Review

No abstract provided.

Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers

Pepperdine Law Review

No abstract provided.

Judicial Sentencing Error: Thomas V. Morris And The Double Jeopardy Clause , Paul G. Flynn

Pepperdine Law Review

No abstract provided.

Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee

Pepperdine Law Review

No abstract provided.

Summary Of In Re Woods V. State, 129 Nev. Adv. Op. 1, Benjamin K. Reitz

Nevada Supreme Court Summaries

An appeal addressing whether the State’s failure to oppose a defendant’s motion to dismiss constitutes a conscious indifference to a defendant’s procedural right to defend the charge in a timely manner.

Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald

Pepperdine Law Review

No abstract provided.

The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii

Pepperdine Law Review

No abstract provided.

Please Leave Your Shotguns At Home: Chapter 700 Prohibits Openly Carrying Long Guns On California Streets, Roman Edwards

McGeorge Law Review

No abstract provided.