Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (240)
- Constitutional Law (110)
- Law and Society (89)
- Social and Behavioral Sciences (80)
- Civil Rights and Discrimination (69)
-
- Law Enforcement and Corrections (65)
- Courts (64)
- Evidence (64)
- Law and Race (58)
- International Law (55)
- State and Local Government Law (54)
- Legal Studies (51)
- Human Rights Law (47)
- Criminology and Criminal Justice (45)
- Law and Gender (42)
- Sociology (42)
- Law and Politics (41)
- Legislation (40)
- Legal Ethics and Professional Responsibility (39)
- Criminology (32)
- Legal Profession (32)
- Legal Writing and Research (31)
- Judges (30)
- Other Law (30)
- Supreme Court of the United States (27)
- Juvenile Law (25)
- Jurisprudence (24)
- Civil Law (23)
- Institution
-
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (55)
- Northwestern Pritzker School of Law (31)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (25)
- Georgia State University College of Law (24)
- American University Washington College of Law (23)
-
- University of Maine School of Law (23)
- Brooklyn Law School (21)
- Southwestern Oklahoma State University (19)
- Fordham Law School (18)
- Yeshiva University, Cardozo School of Law (18)
- Belmont University (17)
- University of Michigan Law School (17)
- Roger Williams University (16)
- Schulich School of Law, Dalhousie University (16)
- Vanderbilt University Law School (16)
- Washington and Lee University School of Law (16)
- Notre Dame Law School (15)
- Mercer University School of Law (14)
- University of San Diego (13)
- Pace University (12)
- SJ Quinney College of Law, University of Utah (12)
- St. Mary's University (11)
- University of Richmond (11)
- William & Mary Law School (11)
- Kutztown University (10)
- University of Georgia School of Law (10)
- City University of New York (CUNY) (9)
- Boston University School of Law (8)
- Columbia Law School (8)
- James Madison University (8)
- Keyword
-
- Criminal law (60)
- Criminal justice (48)
- Crime (36)
- Criminal Law (32)
- Justice (28)
-
- Criminology (27)
- Punishment (26)
- Sentencing (22)
- Corrections (21)
- Law (19)
- Qc (19)
- Qualitative criminology (19)
- Evidence (17)
- Death penalty (15)
- Criminal procedure (14)
- Race (14)
- Constitutional law (12)
- Mass incarceration (12)
- Prisons (12)
- Responsibility (12)
- Fourth Amendment (10)
- Police (10)
- Capital punishment (9)
- Crimes (9)
- Incarceration (9)
- Law Review (9)
- Prison (9)
- Self defense (9)
- Sixth Amendment (9)
- Technology (9)
- Publication
-
- Faculty Scholarship (43)
- Review of law sciences (36)
- Georgia State University Law Review (23)
- Journal of Criminal Law and Criminology (22)
- Maine Law Review (22)
-
- Nevada Supreme Court Summaries (19)
- ProAcademy (19)
- Qualitative Criminology (QC) (19)
- Belmont Criminal Law Journal (17)
- Faculty Publications (13)
- Mercer Law Review (13)
- San Diego Law Review (12)
- Scholarly Articles in Law Reviews & Journals (12)
- Articles, Book Chapters, & Popular Press (11)
- Fordham Law Review Online (11)
- Articles (10)
- Journal of Criminal Justice and Law (10)
- Scholarly Articles (10)
- Vanderbilt Law School Faculty Publications (10)
- Utah Law Faculty Scholarship (9)
- Cardozo Law Review (8)
- Journal Articles (8)
- Pace Law Review (8)
- University of Richmond Law Review (8)
- International Journal on Responsibility (7)
- Northwestern University Law Review (7)
- Notre Dame Law Review (7)
- Scholarly Works (7)
- All Faculty Scholarship (6)
- American University Journal of Gender, Social Policy & the Law (6)
- Publication Type
Articles 121 - 150 of 754
Full-Text Articles in Criminal Law
Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum
Essay: Injustice In Black And White: Eliminating Prosecutors’ Peremptory Strikes In Interracial Death Penalty Cases, Daniel Hatoum
Brooklyn Law Review
This essay advocates that prosecutors’ peremptory strikes should be eliminated in interracial capital cases. The application of the death penalty has a race problem, especially for interracial cases. A conviction is far more likely if the defendant is black and the victim is white. This is due to the fact that in interracial cases, prosecutors utilize peremptory strikes to prevent black jurors from serving on cases in which the defendant is black and the victim is white. This essay is the first to argue that such a system stacks the deck against defendants in interracial capital cases in an unconstitutional …
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …
All The President's Privileges, Ann M. Murphy
All The President's Privileges, Ann M. Murphy
Journal of Law and Policy
This article provides a historical perspective of the evidentiary privilege doctrines that are in play in the current Special Counsel investigation. New issues of waiver by tweet are addressed. It is well established that a sitting president is subject to judicial process in certain circumstances, and that President Trump and his close advisors have and will continue to claim one or both of these privileges. I predict that these privileges will be inapplicable, applicable but waived, or applicable but fall within the crimefraud exception to the privileges. The crime-fraud exception has never been raised in a Special Counsel investigation of …
Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo
Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo
Journal of Law and Policy
As the forensic science industry grows, so do the scandals – overburdened crime labs, unverified science, corrupt analysts, and diminishing federal oversight. Given the need to ensure that valid forensic science-based evidence is used at trial, a criminal defense attorney typically has the opportunity to cross-examine the scientist who conducted the forensic analysis. However, the 2012 Supreme Court decision of Williams v. Illinois has muddied an otherwise cohesive Confrontation Clause doctrine, allowing for the admission of forensic evidence without the testimony of the forensic scientist, but with no clear holding and different interpretations about what is considered “testimonial evidence.” To …
Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow
Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow
Articles
A criminal defendant enjoys an array of legal rights. These include the right not to be punished for an offense unless charged, tried, and proved guilty beyond a reasonable doubt; the right not to be punished disproportionately; and the right not to be punished for the same offense more than once. I contend that the design of our criminal legal system imperils these rights in ways few observers appreciate. Because criminal codes describe misconduct imprecisely and prohibit more misconduct than any legislature actually aspires to punish, prosecutors decide which violations of the code merit punishment, and judges decide how much …
Is Natural Law A Public Good?, Eliot T. Tracz
Is Natural Law A Public Good?, Eliot T. Tracz
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone
Faculty Publications
Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for …
Mission To Dismiss: A Dismissal Of Rule 12(B)(6) And The Retirement Of Twombly/Iqbal, Victor Marrero
Mission To Dismiss: A Dismissal Of Rule 12(B)(6) And The Retirement Of Twombly/Iqbal, Victor Marrero
Cardozo Law Review
No abstract provided.
Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky
Can A Good Person Be A Good Prosecutor?, Ellen Yaroshefsky
Fordham Law Review Online
Most people who become prosecutors are honest and ethical public servants who take that job for varied reasons including protecting the community, assisting victims of crime, gaining trial experience, or enhancing future employment prospects and long-term political goals. Earnest and hard-working, these prosecutors bristle at the very question of whether a good person can be a good prosecutor. The question though is not about a good person and their motives or ethical compass, but about the role: What does it mean to be a good prosecutor especially in the era of mass incarceration?
The Necessity Of The Good Person Prosecutor, Jessica A. Roth
The Necessity Of The Good Person Prosecutor, Jessica A. Roth
Fordham Law Review Online
In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.
Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe
Revisiting Abbe Smith's Question, "Can A Good Person Be A Good Prosecutor?" In The Age Of Krasner And Sessions, Rebecca Roiphe
Fordham Law Review Online
In an article published over fifteen years ago, Georgetown Law Professor Abbe Smith argued that one cannot be a good person and a good prosecutor. In other words, if you are concerned with social justice, it would be selfdefeating to work in a prosecutor’s office. With Attorney General Jeff Sessions at the helm, the federal criminal justice system has changed since Smith wrote this article, in many ways for the worse. At the same time, in response to a powerful grass roots movement, the reformist approach to criminal justice has gained some ground. In this oddly polarized context, this essay …
A Defender's Take On "Good" Prosecutors, David E. Patton
A Defender's Take On "Good" Prosecutors, David E. Patton
Fordham Law Review Online
When Professor Abbe Smith asked “Can You Be a Good Person and a Good Prosecutor” in 2001 (and answered it mostly in the negative), she began a conversation that would result in me, a public defender, having to repeatedly answer the question from earnest law students and young lawyers. I haven’t yet forgiven Professor Smith. My first impulse when I’m asked the question is to hand out her home phone number. My second impulse is to answer: “Why are you asking me?” I’m a defense lawyer. Worse still, I am a public defender. I’m not, shall we say, naturally drawn …
Prosecutors Who Police The Police Are Good People, Vida B. Johnson
Prosecutors Who Police The Police Are Good People, Vida B. Johnson
Fordham Law Review Online
In 2001 Professor Abbe Smith asked if a person could be both a good prosecutor and a good person. Her answer was, essentially, “no.” My answer in 2018 is that only a prosecutor who focuses on the powerful, and particularly who is willing to prosecute police who do wrong, can be good.
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
Fordham Law Review Online
In a law review article written seventeen years ago, Professor Abbe Smith asked the question, “Can You Be a Good Person and a Good Prosecutor?” Professor Smith ultimately answered the question in the negative. Whether or not one agreed with her conclusion at the time, today we know that the answer to the question is “Yes.” Anyone who believes that good people cannot be good prosecutors assumes and accepts a model of prosecution based on harsh, punitive policies and practices that incarcerate as many people as possible for as long as possible. Unfortunately, that unjust model of prosecution is the …
Good Person, Good Prosecutor In 2018, Abbe Smith
Good Person, Good Prosecutor In 2018, Abbe Smith
Fordham Law Review Online
Nearly twenty years ago, I wrote an essay on the ethics of prosecution in a time of mass incarceration called “Can You Be a Good Person and a Good Prosecutor?”1 I am both pleased and perplexed that the essay, which caused some controversy at the time, continues to strike a chord—at least with the organizers of this online conversation. I appreciate the invitation to weigh in on whether you can be a good person and a good prosecutor in 2018.
Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green
Foreword: Can A Good Person Be A Good Prosecutor, Bruce A. Green
Fordham Law Review Online
In 2001, Abbe Smith asked provocatively whether you can simultaneously be a good person and a good prosecutor, and she concluded that you cannot. The following online symposium, hosted by the Fordham Law Review Online, revisits Abbe Smith’s question. Even if she was right in 2001, is the answer the same seventeen years later? The problems of criminal justice in this country have in many ways gotten worse. But at the same time, one might argue, there is broader public acknowledgment of these problems, which has led to social movements such as the Innocence Movement and Black Lives Matter that …
Konsep Bela Negara Dalam Perspektif Ketahanan Nasional, Kris Wijoyo Soepandji, Muhammad Farid
Konsep Bela Negara Dalam Perspektif Ketahanan Nasional, Kris Wijoyo Soepandji, Muhammad Farid
Jurnal Hukum & Pembangunan
The 1945 Constitution of the Republic of Indonesia in an explicit manner stipulates that every Indonesian citizen has the obligation to participate in defending the state. This is stated on the article 27 clause 3 of the Constitution, which reads, “Each citizen shall have the right and duty to participate in the effort of defending the state”. In a more specific manner, state defending is also stated on article 9 clause 1 and 2 of the Law number 3 year 2002 on the State Defence. The article mentions that the effort on state defending is elaborated in the performance of …
Legal Framework Of The Republican Interdepartmental Commission On Combating Human Trafficking, R Gafurov
Legal Framework Of The Republican Interdepartmental Commission On Combating Human Trafficking, R Gafurov
Review of law sciences
The article analyzes the efforts and measures taken by the Republic of Uzbekistan in the field of preventing and combating human trafficking. It highlights the legal and institutional framework for combating human trafficking, as well as providing assistance and protecting victims of human trafficking. In addition, proposals have been put forward for further improvement of the activities of the Republican interdepartmental commission to combat human trafficking.
Mutual Relations And Criminal-Legal Aspects Of The Subjective Side Of The Crime, F. Xudaykulov
Mutual Relations And Criminal-Legal Aspects Of The Subjective Side Of The Crime, F. Xudaykulov
Review of law sciences
This article illustrates interrelations of facultative (non-obligatory) attributes of the crime impartial sides in qualifying the criminal ¬act and their criminal-legal values, including the theoretical and practical problems of facultative attributes of the impartial sides of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan. Moreover, proposals and recommendations for further improvement of the criminal legislation of the Republic of Uzbekistan are devised.
Issues Of Criminal Liability For Violation Of Customs Legislation In Some Foreign Countries, E. Muxamadaliev
Issues Of Criminal Liability For Violation Of Customs Legislation In Some Foreign Countries, E. Muxamadaliev
Review of law sciences
In this article, the author analyses some characteristics of criminal responsibility for violation of customs legislation in some foreign countries. By the result of analysis, some suggestions for the criminal responsibility for violation of customs legislation are worked out.
Qualification Crime Against The Personality Of The Object, I. Achilov
Qualification Crime Against The Personality Of The Object, I. Achilov
Review of law sciences
the article gives an analysis of the qualification of crimes on the object of encroachment. At the same time, articles of crimes against the person of the Criminal Code are examined from the point of view of their object, certain shortcomings are revealed and concrete proposals are given for their elimination.
Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva
Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva
Review of law sciences
In the article emphasizes the need to strengthen the role of advocate in the development and improvement of the institute of advocacy, the role of defence in the consideration of criminal, civil, administrative and economic cases and highlights the focus on the state policy. To eliminate these problems, causing certain obstacles in the defense activity, specific proposals are developed and put forward.
On Combating Violence Against Women In Uzbekistan And In Countries Of Osce, G. Maxamadjanova
On Combating Violence Against Women In Uzbekistan And In Countries Of Osce, G. Maxamadjanova
Review of law sciences
In the article, the author examines a fight for elimination violence against women in the OSCE and Republic of Uzbekistan. Using corresponding, statistical and normative sources over grounding actuality of fight against this evil, the author recommends establishing the position of the authorized agent of Oliy Majlis of the Republic of Uzbekistan – Оmbudsman for protecting the rights of women and children.
Issues Of Criminal Liability For Violation Of Customs Legislation In Some Foreign Countries, E. Muxamadaliev
Issues Of Criminal Liability For Violation Of Customs Legislation In Some Foreign Countries, E. Muxamadaliev
Review of law sciences
In this article, the author analyses some characteristics of criminal responsibility for violation of customs legislation in some foreign countries. By the result of analysis, some suggestions for the criminal responsibility for violation of customs legislation are worked out.
Legal Framework Of The Republican Interdepartmental Commission On Combating Human Trafficking, R Gafurov
Legal Framework Of The Republican Interdepartmental Commission On Combating Human Trafficking, R Gafurov
Review of law sciences
The article analyzes the efforts and measures taken by the Republic of Uzbekistan in the field of preventing and combating human trafficking. It highlights the legal and institutional framework for combating human trafficking, as well as providing assistance and protecting victims of human trafficking. In addition, proposals have been put forward for further improvement of the activities of the Republican interdepartmental commission to combat human trafficking.
Qualification Crime Against The Personality Of The Object, I. Achilov
Qualification Crime Against The Personality Of The Object, I. Achilov
Review of law sciences
the article gives an analysis of the qualification of crimes on the object of encroachment. At the same time, articles of crimes against the person of the Criminal Code are examined from the point of view of their object, certain shortcomings are revealed and concrete proposals are given for their elimination.
Mutual Relations And Criminal-Legal Aspects Of The Subjective Side Of The Crime, F. Xudaykulov
Mutual Relations And Criminal-Legal Aspects Of The Subjective Side Of The Crime, F. Xudaykulov
Review of law sciences
This article illustrates interrelations of facultative (non-obligatory) attributes of the crime impartial sides in qualifying the criminal ¬act and their criminal-legal values, including the theoretical and practical problems of facultative attributes of the impartial sides of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan. Moreover, proposals and recommendations for further improvement of the criminal legislation of the Republic of Uzbekistan are devised.
Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva
Issues Of Expanding The Powers Of The Defense Attorney In The Investigative Actions, D. Chorieva
Review of law sciences
In the article emphasizes the need to strengthen the role of advocate in the development and improvement of the institute of advocacy, the role of defence in the consideration of criminal, civil, administrative and economic cases and highlights the focus on the state policy. To eliminate these problems, causing certain obstacles in the defense activity, specific proposals are developed and put forward.
On Combating Violence Against Women In Uzbekistan And In Countries Of Osce, G. Maxamadjanova
On Combating Violence Against Women In Uzbekistan And In Countries Of Osce, G. Maxamadjanova
Review of law sciences
In the article, the author examines a fight for elimination violence against women in the OSCE and Republic of Uzbekistan. Using corresponding, statistical and normative sources over grounding actuality of fight against this evil, the author recommends establishing the position of the authorized agent of Oliy Majlis of the Republic of Uzbekistan – Оmbudsman for protecting the rights of women and children.
Warren, Jr. (Joseph) V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 77 (Sep. 27, 2018) (En Banc), James Puccinelli
Warren, Jr. (Joseph) V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 77 (Sep. 27, 2018) (En Banc), James Puccinelli
Nevada Supreme Court Summaries
The Court determined that NRS § 177.015(1)(a) authorizes the State to appeal from a justice court dismissal of a criminal complaint because such a decision is a final judgment, and that NRS § 178.562(2) does not limit the State’s remedies to appeal a justice court’s decision to dismiss a criminal complaint because this provision does not mention final judgment.