Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2016

Discipline
Institution
Keyword
Publication
Publication Type

Articles 331 - 360 of 784

Full-Text Articles in Criminal Law

The Problem Of Purpose In International Criminal Law, Patrick J. Keenan Apr 2016

The Problem Of Purpose In International Criminal Law, Patrick J. Keenan

Michigan Journal of International Law

Keenan addresses the problem of purposes in this Article, with two principal objectives. The first is to sort through the competing theories to identify the core purposes of international criminal law. The second is to show how those purposes are or can be put into effect in actual cases. These questions are important because the purposes for which the law is deployed significantly influence how it is deployed. Prosecutors bring different kinds of cases and argue different theories based at least in part on what they hope to achieve. For example, in the domestic context, prosecutors might choose to prioritize …

Go to article

Copwatching, Jocelyn Simonson Apr 2016

Copwatching, Jocelyn Simonson

Faculty Scholarship

No abstract provided.

Go to article

Doug Kahn - A Personal Appreciation, Patricia D. White Apr 2016

Doug Kahn - A Personal Appreciation, Patricia D. White

Articles

No abstract provided.

Go to article

Finding "Tapia Error": How Circuit Courts Have Misread 'Tapia V. United States' And Shortchanged The Penological Goals Of The Sentencing Reform Act, Matt J. Gornick Apr 2016

Finding "Tapia Error": How Circuit Courts Have Misread 'Tapia V. United States' And Shortchanged The Penological Goals Of The Sentencing Reform Act, Matt J. Gornick

Vanderbilt Law Review

The American criminal justice system is called many things; "compassionate" is usually not one of them. Yet in the course of federal criminal proceedings, a sentencing hearing allows a judge to convey compassion toward a defendant, if only to say, "I'm sorry about your situation, but this is how I must apply the law." Likewise, a defendant might throw herself on the mercy of the court in hopes that the judge exercises discretion compassionately. Mitigating factors and downward departures suggest that judges are capable of doing so. But how does a sentencing judge show compassion, as opposed to simply feeling …

Go to article

Reclaiming The Importance Of The Defendant's Testimony: Prior Conviction Impeachment And The Fight Against Implicit Stereotyping, Anna Roberts Apr 2016

Reclaiming The Importance Of The Defendant's Testimony: Prior Conviction Impeachment And The Fight Against Implicit Stereotyping, Anna Roberts

Faculty Scholarship

No abstract provided.

Go to article

What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe Apr 2016

What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe

Cardozo Journal of International and Comparative Law

The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …

Go to article

Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz Apr 2016

Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Library Staff Publications

No abstract provided.

Go to article

Helplessly Imprisoned: State V. Hammonds Holds Involuntarily Committed Patients To The Same Constitutional Restraints As Prisoners, Thomas C. Wolff Apr 2016

Helplessly Imprisoned: State V. Hammonds Holds Involuntarily Committed Patients To The Same Constitutional Restraints As Prisoners, Thomas C. Wolff

North Carolina Central Law Review

No abstract provided.

Go to article

The Changing Market For Criminal Law Casebooks, Jens David Ohlin Apr 2016

The Changing Market For Criminal Law Casebooks, Jens David Ohlin

Michigan Law Review

Criminal law is a nasty business. The field takes as its point of departure the indignities that human beings visit upon each other—each one worse than the one before. A book or article about criminal law often reads like a parade of horribles, an indictment of humanity’s descent into moral weakness. For those who teach criminal law, everything else pales in comparison. Neither the business disputes of contract law nor the physical injuries described in a torts casebook can compare with the depravity of what we teach in criminal law. Criminal law professors are often addicted to their subject. Nothing …

Go to article

Examining The Comparative Use, Experience And Outcomes Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland., Kate O'Hara Apr 2016

Examining The Comparative Use, Experience And Outcomes Of Community Service Orders As Alternatives To Short Prison Sentences In Ireland., Kate O'Hara

Doctoral

Background: In Ireland, under the Criminal Justice (Community Service) 1983 Act, a community service order (CSO) must only be imposed if a custodial sentence has first been considered. In 2011, an amendment to the 1983 Act was made, requiring courts to consider imposing CSOs as alternatives to prison sentences of less than one year. This amendment sought to address the underutilisation of community service, decrease the number of short-term committals, and benefit offenders and communities. Methodology: Administrative data from the Irish Prison and Probation Services pertaining to all cases sentenced to a short-term of imprisonment or CSO between 2011 and …

Go to article

Around Campus Apr 2016

Around Campus

DePaul Magazine

Center for Community Health Equity Launches; Sustainability the Focus of the 2015 Vincent de Paul Lecture; The Women's Center Celebrates 20 Years with Feminist Editor; Craft of Composing Panel Addresses the Vocation of Writing; Third Annual Horror of the Humanities Unmasks the Monstrosities of Daily Life; DePaul Basketball Enjoys Game-Changing Groundbreaking Day; Bruno Marks 30th Season Coaching the Game He Lovers; Late-Season Rally Propels Men's Soccer to Postseason; Women's Soccer Qualifies for Sixth BIG EAST Tournament; Wyatt Excels On and Off the Field; Preseason Honors the BIG EAST; Polish Scholar Reflects on Solidarity Movement and Catholicism; The Sentencing Project Director …

Go to article

The Changing Market For Criminal Law Casebooks, Jens David Ohlin Apr 2016

The Changing Market For Criminal Law Casebooks, Jens David Ohlin

Cornell Law Faculty Publications

In the following Review, I analyze the leading criminal law casebooks on the market and describe the ways in which they do — and do not — respond to the needs of criminal law teachers. At least part of the issue is the changing nature of law teaching — what actually happens in the classroom has changed in the last three decades. Moreover, there may be less uniformity in classroom practice than in the past; in other words, what works in one law school might not work in another, due in part to the changing profile of law students, as …

Go to article

Foreword: Innocent Until Proven Poor, Sara Zampierin Apr 2016

Foreword: Innocent Until Proven Poor, Sara Zampierin

Faculty Scholarship

One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.

Go to article

Dna, Blue Bus, And Phase Changes, Edward K. Cheng, G. Alexander Nunn Apr 2016

Dna, Blue Bus, And Phase Changes, Edward K. Cheng, G. Alexander Nunn

Faculty Scholarship

In ‘Exploring the Proof Paradoxes’, Mike Redmayne comprehensively surveyed the puzzles at the intersection of law and statistics, the most famous of which is the Blue Bus problem, which prohibits legal actors from ascribing liability purely on the basis of probabilistic evidence. DNA evidence, however, is a longstanding exception to Blue Bus. Like Blue Bus, DNA presents probabilistic evidence of identity. Unlike Blue Bus, DNA is widely accepted as legitimate, even when it stands alone as so-called ‘naked’ statistical evidence. Observers often explain such DNA exceptionalism in two ways: either that people break down in extreme cases, or relatedly, that …

Go to article

An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham Apr 2016

An Evaluation Of The Federal Legal Services Program: Evidence From Crime Rates And Property Values, Jamein P. Cunningham

Economics Faculty Publications and Presentations

This paper uses the city level roll-out of legal service grants to evaluate their effects on crime. Using Uniform Crime Reports from 1960 to 1985, the results show that there is a short run increase of 7 percent in crimes reported and also a 13 percent increase in crimes cleared by arrest. Results show an increase in the staffing of police officers in cities that received legal services. These cities are also associated with having higher median property values 10 years later. This supports the narrative that legal services changed police behavior through litigation or threats of litigation.

Go to article

On ‘Violence Against Women’, I. Bennett Capers Apr 2016

On ‘Violence Against Women’, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Go to article

Guns And Drugs, Benjamin Levin Apr 2016

Guns And Drugs, Benjamin Levin

Fordham Law Review

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …

Go to article

The Right To Domain Silent: Rebalancing Tort Incentives To Keep Pace With Information Availability For Criminal Suspects And Arrestees, Laura K. Mckenzie Apr 2016

The Right To Domain Silent: Rebalancing Tort Incentives To Keep Pace With Information Availability For Criminal Suspects And Arrestees, Laura K. Mckenzie

Vanderbilt Law Review

One nondescript evening, Dale Menard waited in a park for a friend to pick him up.When his friend did not arrive on schedule, Menard looked into the window of a nearby retirement home to check the time. Shortly thereafter, Menard was arrested based on a resident's prowler report and held by the Los Angeles Police Department for two days. The arrest was based purely on a misunderstanding, and the LAPD never brought charges against Menard. The police did, however, forward his arrest record and fingerprints to the FBI as part of a routine record exchange. One misunderstanding culminated in extended …

Go to article

It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping Apr 2016

It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping

Michigan Law Review

“[T]he first thing I lost in law school was the reason that I came.” This prescient quote by an unnamed law student defines, in a single sentence, our growing problem in training lawyers. From the moment he or she steps foot in a law school classroom, the future lawyer feels a strong pull to pursue a career that has nothing to do with justice. The law school experience will discourage the future lawyer from pursuing a career advocating for those in society who most need a voice. Once graduated, the young lawyer will enter a world where he or she …

Go to article

Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd Apr 2016

Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd

Michigan Law Review

Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election …

Go to article

What Is Criminal Law About?, Guyora Binder, Robert Weisberg Apr 2016

What Is Criminal Law About?, Guyora Binder, Robert Weisberg

Michigan Law Review

In “The Changing Market for Criminal Casebooks,” Jens David Ohlin offers an appreciative, but nevertheless critical review of established criminal law casebooks. He then introduces his own offering by describing “a vision for a new casebook” that will better serve the needs and wants of contemporary students. Ohlin begins with the arresting claim that criminal law professors are passionate about their subject because they are fascinated by human depravity. Then, throughout his essay, he stresses efficient, consumer-focused delivery of doctrinal instruction as the defining task of a successful casebook. Moreover, he argues, casebooks should devote less attention to academic theories …

Go to article

Too Vast To Succeed, Miriam H. Baer Apr 2016

Too Vast To Succeed, Miriam H. Baer

Michigan Law Review

If sunlight is, in Justice Brandeis’s words, “the best of disinfectants,” then Brandon Garrett’s latest book, Too Big to Jail: How Prosecutors Compromise with Corporations might best be conceptualized as a heroic attempt to apply judicious amounts of Lysol to the murky world of federal corporate prosecutions. “How Prosecutors Compromise with Corporations” is the book’s neutral- sounding secondary title, but even casual readers will quickly realize that Garrett means that prosecutors compromise too much with corporations, in part because they fear the collateral consequences of a corporation’s criminal indictment. Through an innovation known as the Deferred Prosecution Agreement, or DPA, …

Go to article

The Cost Of Raising A Killer -- Parental Liability For The Parents Of Adult Mass Murderers, Shaundra K. Lewis Apr 2016

The Cost Of Raising A Killer -- Parental Liability For The Parents Of Adult Mass Murderers, Shaundra K. Lewis

Villanova Law Review (1956 - )

No abstract provided.

Go to article

State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow Mar 2016

State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow

Nevada Supreme Court Summaries

After a jury trial, Defendant was convicted of two counts of first-degree murder with the use of a deadly weapon, one count of conspiracy to commit murder, and related crimes. Defendant was sentenced to death of each murder. The district court denied Defendant’s motion to suppress statements he made in two interviews with police after his initial appearance before a magistrate. The Supreme Court reversed, holding (1) the district court did not err in denying Defendant’s motion to suppress, as his Sixth Amendment right to counsel attached at his initial appearance before the magistrate, but Defendant waived his right to …

Go to article

Problematika Peninjauan Kembali Dalam Sistem Peradilan Pidana Pasca Putusan Mahkamah Konstitusi Dan Pasca Sema Ri No. 7 Tahun 2014 (Suatu Analisa Yuridis Dan Asas-Asas Dalam Hukum Peradilan Pidana), Seno Wibowo Gumbira Mar 2016

Problematika Peninjauan Kembali Dalam Sistem Peradilan Pidana Pasca Putusan Mahkamah Konstitusi Dan Pasca Sema Ri No. 7 Tahun 2014 (Suatu Analisa Yuridis Dan Asas-Asas Dalam Hukum Peradilan Pidana), Seno Wibowo Gumbira

Jurnal Hukum & Pembangunan

Problems of extraordinary legal remedy on Reconsideration, especially in the criminal justice process in Indonesia following the Ruling of judicial review of the Constitutional Court Number 34 IPPU-XI I 2013 and SEMA Decree No. 7 of 2014 issued by the Supreme Court had the same problem juridical in contradictory with the principles both within the criminal justice system and the principle of the science of law in Indonesia, those principles include the principle of ne bis in idem, the principle of justice which one quick, simple and low cost, the principle of litis finiri oportet, …

Go to article

Phong T. Vu V. Second Jud. Dist. Ct. Of Nev., 123 Nev. Adv. Op. 21 (Mar. 31, 2016), Chelsea Finnegan Mar 2016

Phong T. Vu V. Second Jud. Dist. Ct. Of Nev., 123 Nev. Adv. Op. 21 (Mar. 31, 2016), Chelsea Finnegan

Nevada Supreme Court Summaries

Under NRS 433A.310(1)(b), a district court may issue an order of involuntary admittance to a mental health facility if there is clear and convincing evidence that the person is likely to harm himself or others. Here, the Court held that (1) a district court is not required to wait 30 days for a final order under NRS 433A.310(1)(b) before transmitting an involuntary admission to the proper agency, and (2) based on sufficient evidence, the district court properly concluded the petitioner should be admitted to a mental health facility.

Go to article

Behavioral Genetics & Criminal Culpability: Addressing The Problem Of Free Will In The Context Of The Modern American Justice System, Tufik Y. Shayeb Mar 2016

Behavioral Genetics & Criminal Culpability: Addressing The Problem Of Free Will In The Context Of The Modern American Justice System, Tufik Y. Shayeb

University of the District of Columbia Law Review

More important than the insensitivity of certain criminal offenders to changes and benefits is the impropriety of casting the crime problem wholy in terms of a utilitarian calculus. The most serious offenses are crimes not simply because society finds them inconvenient, but because it regards them with moral horror. To steal, to rape, to rob, to assault - these acts are destructive of the very possibility of society and affronts to the humanity of their victims.

Go to article

Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi Mar 2016

Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi

Jurnal Hukum & Pembangunan

Restorative Justice approach in conflict resolution is basically a new method of settling disputes, especially in the concept-criminal cases, but using traditional patterns whose values have no concept of local wisdom in each culture. Therefore, the application of restorative justice approach in conflict resolution, in fact is the use of traditional patterns with the values of the resolution of the existing conflicts in wisdom local culture, with a focus on fulfillment of justice victims, through the concept of equality, partnership, reconciliation and participation.

Go to article

Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P. Mar 2016

Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P.

The Catholic Lawyer

No abstract provided.

Go to article

Like Snow To The Eskimos And Trump To The Republican Party: The Ali's Many Words For, And Shifting Pronouncements About, "Affirmative Consent", Kevin Cole Mar 2016

Like Snow To The Eskimos And Trump To The Republican Party: The Ali's Many Words For, And Shifting Pronouncements About, "Affirmative Consent", Kevin Cole

Faculty Scholarship

This short piece examines changes from prior drafts in the most recent draft (Preliminary Draft No. 6) of the American Law Institute's project on sexual assault law.

Go to article

First Prev Next Last