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Articles 421 - 450 of 769
Full-Text Articles in Criminal Law
Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer
Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer
University of the District of Columbia Law Review
No abstract provided.
Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger
Beyond The Bright Line: A Contemporary Right-To-Counsel Doctrine, Pamela R. Metzger
Faculty Journal Articles and Book Chapters
The current right-to-counsel doctrine was developed in the 1970's. It created a bright-line rule still in effect today. The right to counsel attaches only at "critical stages" of a criminal prosecution. Under this critical stage doctrine, the right to counsel only attaches after the initiation of formal adversary proceedings and only applies to confrontations between the accused and the prosecution or law enforcement. In the years following the Supreme Court's development of the critical stage doctrine, national trends of mandatory sentencing and sentencing guidelines revolutionized criminal procedure and dramatically altered the roles of the system's key players.
Now, defense counsel's …
The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson
The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
International Law Issues In Death Penalty Defense, Richard J. Wilson
International Law Issues In Death Penalty Defense, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Transcript For Panel Two: Criminal Law And Dna Science: Balancing Societal Interests And Civil Liberties, American University Law Review
Transcript For Panel Two: Criminal Law And Dna Science: Balancing Societal Interests And Civil Liberties, American University Law Review
American University Law Review
No abstract provided.
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Scholarly Articles
None available.
Section 5: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor
Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor
International Bulletin of Political Psychology
The IBPP editor discusses the logic/rationale behind the idea that convicted terrorists facing the death penalty should neither convicted nor face said penalty given that the soldiers are (or consider themselves to be) soldiers in a war.
The Commercial Activity Exception Under The Fsia, Personhood Under The Fifth Amendment And Jurisdiction Over Foreign States: A Partial Roadmap For The Supreme Court In The New Millennium, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Constitutional Formalism And The Meaning Of Apprendi V. New Jersey, Benjamin Priester
Constitutional Formalism And The Meaning Of Apprendi V. New Jersey, Benjamin Priester
Journal Publications
In June 2000, the United States Supreme Court decided Apprendi v. New Jersey,' a case that likely will have a significant impact on the administration of criminal justice in federal and state courts. The Court imposed a procedural limitation on prosecutors by restricting the types of facts that may be proven at sentencing rather than at trial. Specifically, the Court adopted a constitutional principle that "any fact that increases the penalty for a crime beyond the prescribed statutory maximum" is an element of the offense of conviction. Under wellestablished constitutional doctrine, the Constitution's full procedural protections, especially the necessity of …
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …
State Of Israel V. Kahane, Theodor Or, Aharon Barak, Shlomo Levin, Yaakov Kedmi, Dalia Dorner, Jacob Turkel, Eliahu Mazza
State Of Israel V. Kahane, Theodor Or, Aharon Barak, Shlomo Levin, Yaakov Kedmi, Dalia Dorner, Jacob Turkel, Eliahu Mazza
Translated Opinions
Facts: Further hearing in the judgment of the Supreme Court (President A. Barak and Justices A. Goldberg and E. Mazza) dated March 2, 1998 in CA 6696/96 Benyamin Kahane v. State of Israel, in which Benyamin Kahane was acquitted of offenses based on sections 133 and 134(c) of the Penal Code 5737-1977. The acquittal overturned a conviction in the District Court which in turn had overturned an acquittal in the Magistrate’s Court. Two main issues were under consideration in the further hearing. The first dealt with the characteristics of the protected value or values in the offense of sedition …
Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Aes Systems V. Sa'ar, Aharon Barak, Eliezer Rivlin, Theodor Or
Aes Systems V. Sa'ar, Aharon Barak, Eliezer Rivlin, Theodor Or
Translated Opinions
Facts: Appellant No.1 developed independent computer word processing systems. Appellant no. 2 was the exclusive distributer of the systems in Israel, and also provided its customers in Israel with maintenance and repair services. The respondent had been an employed by the appellant as a computer technician, and had at the time of his employment, signed both an agreement not to compete with the appellant in anything related to the marketing and repair of Linear systems, as well as an “Agreement to Protect Confidentiality,” according to which he was obligated to maintain the absolute confidentiality of information that he may obtain …
Equity And Criminal Law, Howard Brill
Equity And Criminal Law, Howard Brill
School of Law Faculty Publications and Presentations
The relationship between courts of equity and the criminal law in Arkansas is laid out by two black letter rules: (1) equity will not enjoin a criminal prosecution, and (2) equity will not enjoin a crime. The basis of both rules is that equity should not intervene in criminal courts, unless no other remedy in the court of law exists. However, the exceptions allowed for each rule are different. Exceptions to the first rule include: cases involving property rights, multiple prosecutions, unlawful exactions, or prosecutions made in bad faith. The second rule allows for an exception when a criminal punishment …
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Villanova Law Review (1956 - )
No abstract provided.
A Judicious Solution: The Criminal Law Committee Draft Redefinition Of The Loss Concept In Economic Crime Sentencing, Frank O. Bowman Iii
A Judicious Solution: The Criminal Law Committee Draft Redefinition Of The Loss Concept In Economic Crime Sentencing, Frank O. Bowman Iii
Faculty Publications
In December 1999, the United States Sentencing Commission (Commission), an institution that had been in suspended animation for over a year with all seven voting seats vacant, fluttered its eyelids and came back to life. An agreement between the Senate and the White House produced seven new Commissioners: five sitting federal judges, the former General Counsel of the Commission, and a law professor. The new group began work immediately, making itself accessible in meetings with lawyers and judges around the country, exuding an air of intelligence and collegiality, and dispensing in short order with a backlog of amendments to the …
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.
Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.
Indiana Law Journal
No abstract provided.
Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker
Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker
William & Mary Law Review
No abstract provided.
New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon
Law Faculty Publications
No abstract provided.
Much Sound, Not Too Much Fury: The Supreme Court's Criminal Law Decisions During The 1997 Term, William E. Hellerstein
Much Sound, Not Too Much Fury: The Supreme Court's Criminal Law Decisions During The 1997 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Manslaughter And Other Homicides, Paul C. Giannelli
Manslaughter And Other Homicides, Paul C. Giannelli
Faculty Publications
No abstract provided.
Murder And Aggravated Murder, Paul C. Giannelli
Murder And Aggravated Murder, Paul C. Giannelli
Faculty Publications
No abstract provided.
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …
Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman
Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman
Villanova Law Review (1956 - )
No abstract provided.