Criminal Law Commons^™

Tortured Prosecuting: Closing The Gap In Virginia's Criminal Code By Adding A Torture Statute, Christopher G. Browne

William & Mary Law Review

No abstract provided.

Foul Play: Tennessee's Unequal Application Of Its Jock Tax Against Professional Athletes, Kirk Berger

Cardozo Public Law, Policy & Ethics Journal

The Framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally. Conversely, nothing opens the door to arbitrary action so effectively as to allow those officials to pick and choose only a few to whom they will apply legislation and thus escape political retribution that might be visited upon them if larger numbers were affected. Courts can take no better measure to assure that laws will be …

The Language Of Mens Rea, Owen D. Jones, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Rene Marois, Kenneth W. Simons

Vanderbilt Law School Faculty Publications

To be guilty of a crime, generally one must commit a bad act while in a culpable state of mind. But the language used to define, partition, and communicate the variety of culpable mental states (in Latin, mens rea) is crucially important. For depending on the mental state that juries attribute to him, a defendant can be convicted-for the very same act and the very same consequence-of different crimes, each with different sentences.

The influential Model Penal Code ("MPC") of 1962 divided culpable mental states into four now-familiar kinds: purposeful, knowing, reckless, and negligent.' Both before the MPC and since, …

Attorney Competence In An Age Of Plea Bargaining And Econometrics, Jeffrey Bellin

Vanderbilt Law School Faculty Publications

The first part of this Essay explores the authors' findings, which do not fit as neatly into mainstream thinking about indigent defense representation as the authors suggest. The study's dramatic findings appear to stem from a counterintuitive form of professional competence: aptitude at convincing one's client to plead guilty.6 As discussed below, skill at obtaining a client's waiver of his constitutional right to a jury trial is not the traditional model of effective representation. If modem defense attorney competence primarily manifests in this manner, the implications for indigent defense and criminal justice generally are more revolutionary than the study's authors …

Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare, Sara Morris

Independent Study Project (ISP) Collection

Brazil has a reputation of being home to some of the worst penitentiary conditions worldwide, eventually leading the United Nations to make an appeal to the Brazilian government in 2003 to analyze their systems and make necessary improvements. The poor conditions and lack of access to legal counsel, living space, and specifically healthcare, cause riots and uprisings within prisons that in the past have lead to death of prisoners and guards. Prisons serve a very specific purpose in society, and according to most social theorists that is to reform, not to torture. In Brazil there is no capital punishment, so …

The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin

Faculty Publications

New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …

Exodus: Structuring Redemption Of Captives, Rivka Weill

Cardozo Law Review

The question of how to react to ransom demands in kidnap situations is ancient and persistent. It was asked as far back as Biblical times, and yet modern states have still not found answers. In terrorist kidnapping scenarios, the private victims, including the families, are often used as leverage to pressure the authorities, with the anticipation that the combination of public sympathy and private lobbying will result in excessive concessions. In the kidnap game, the victim's family is a single-game player and thus operates under a completely different set of considerations than the repeat player: the state. The question is …

The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.

Innocence Snatched: A Call For A Multinational Response To Child Abduction That Facilitates Sexual Exploitation, Shawronda Higgins-Thornton

Georgia Journal of International & Comparative Law

No abstract provided.

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.

Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor

Georgia Journal of International & Comparative Law

No abstract provided.

"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor

Georgia Journal of International & Comparative Law

No abstract provided.

A Fistful Of Dollars: "Operation Casablanca" And The Impact Of Extraterritorial Enforcement Of The United States Money Laundering Law, Michael D. Hoffer

Georgia Journal of International & Comparative Law

No abstract provided.

Ratify Or Reject: Examining The United States' Opposition To The International Criminal Court, Matthew A. Barrett

Georgia Journal of International & Comparative Law

No abstract provided.

The Just War Doctrine And State Liability For Paramilitary War Crimes, Alexander C. Linn

Georgia Journal of International & Comparative Law

No abstract provided.

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.

Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan

Georgia Journal of International & Comparative Law

No abstract provided.

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.

Deterrence To Hiring Illegal Immigrant Workers: Will The New Employer Sanction Provisions Work?, Stephanie E. Steele

Georgia Journal of International & Comparative Law

No abstract provided.

A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie

Georgia Journal of International & Comparative Law

No abstract provided.

Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond, Mugambi Jouet

Georgia Journal of International & Comparative Law

No abstract provided.

Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani

Georgia Journal of International & Comparative Law

No abstract provided.

Accession To A Surrender Of Sovereign Autonomy In Law?: The Effect Of The European Union Membership Process Upon Romania, James B. Cronon

Georgia Journal of International & Comparative Law

No abstract provided.

Exoneration Of Death Row Convict Supports Abolitionists, Lauren Carasik

Media Presence

No abstract provided.

Global Cyber Intermediary Liability: A Legal & Cultural Strategy, Jason H. Peterson, Lydia Segal, Anthony Eonas

Pace Law Review

This Article fills the gap in the debate on fighting cybercrime. It considers the role of intermediaries and the legal and cultural strategies that countries may adopt. Part II.A of this Article examines the critical role of intermediaries in cybercrime. It shows that the intermediaries’ active participation by facilitating the transmission of cybercrime traffic removes a significant barrier for individual perpetrators. Part II.B offers a brief overview of legal efforts to combat cybercrime, and examines the legal liability of intermediaries in both the civil and criminal context and in varying legal regimes with an emphasis on ISPs. Aside from some …

A Bright Day For The Black Market: Why Council Directive 2008/51/Ec Will Lose The Battle Against Illicit Firearm Trade In The European Union, Kristin Ashley Tessman

Georgia Journal of International & Comparative Law

No abstract provided.

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.

Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian

NULR Online

No abstract provided.

Whore Or Homemaker? The Rocky State Of Illegal Prostitution In The Newly-Formed South Sudan And A Practical Resolution To Curtail The Epidemic, Brittany V. Sykes

Georgia Journal of International & Comparative Law

No abstract provided.

Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan

Nevada Law Journal

No abstract provided.