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Articles 10711 - 10740 of 27674

Full-Text Articles in Criminal Law

Sorry Linus, I Need Your Security Blanket: How The Smartphone, Constant Connectivity With The Internet, And Social Networks Act As Catalysts For Juror Misconduct, Patrick M. Delaney Jan 2012

Sorry Linus, I Need Your Security Blanket: How The Smartphone, Constant Connectivity With The Internet, And Social Networks Act As Catalysts For Juror Misconduct, Patrick M. Delaney

St. Thomas Law Review

In the context of the judicial system, it is the judges, lawyers, and parties to lawsuits who are equally affected by juror's statements. While this problem is not exclusive to criminal law, it is within the context of criminal law that the most severe problems are presented to the courts. This is not an attempt to suggest any lack of seriousness associated with a civil claim, but the fact that the stakes for a defendant remain higher in a criminal case because an individual's fundamental, constitutional rights are at issue is a significant difference. The knee jerk reaction by the …

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Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore Jan 2012

Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore

Faculty Articles and Other Publications

A leading cause of wrongful conviction and wasteful litigation in criminal cases is the nondisclosure of information beneficial to the defense by prosecutors and law enforcement as required by Brady v. Maryland. In Connick v. Thompson and Garcetti v. Ceballos, the Supreme Court weakened Brady’s enforceability by limiting the deterrent force of 42 U.S.C § 1983 liability. Connick highlights Garcetti’s implications as a criminal discovery case, which scholars have not fully analyzed. While Connick restricted § 1983 liability when prosecutors confess to suppressing exculpatory evidence, Garcetti restricted liability when prosecutors are disciplined for bringing Brady evidence to light. …

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Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers Jan 2012

Enron, Doma, And Spousal Privileges: Rethinking The Marriage Plot, Bennett Capers

Faculty Scholarship

No abstract provided.

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Politics And Punishment: Reactions To Markel's Political Retributivism, Michael T. Cahill Jan 2012

Politics And Punishment: Reactions To Markel's Political Retributivism, Michael T. Cahill

Faculty Scholarship

No abstract provided.

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What Were They Thinking?: Competing Culpability Standards For Punishing Threats Made To The President, Craig Matthew Principe Jan 2012

What Were They Thinking?: Competing Culpability Standards For Punishing Threats Made To The President, Craig Matthew Principe

American University Criminal Law Brief

No abstract provided.

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Black Beauty - How Schultz And The Trial Of Marion True Changed Museum Acquistions, Michael Murali Jan 2012

Black Beauty - How Schultz And The Trial Of Marion True Changed Museum Acquistions, Michael Murali

American University Criminal Law Brief

No abstract provided.

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Letter From The Editor, Monica Trigoso Jan 2012

Letter From The Editor, Monica Trigoso

American University Criminal Law Brief

No abstract provided.

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Jobs! How The Economy Has Affected Employment In The Criminal Sector, Bethany J. Peak Jan 2012

Jobs! How The Economy Has Affected Employment In The Criminal Sector, Bethany J. Peak

American University Criminal Law Brief

No abstract provided.

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Supreme Court Watch:Recent Decisions Of Selected Criminal Cases, Max P. Salazar, Jr. Jan 2012

Supreme Court Watch:Recent Decisions Of Selected Criminal Cases, Max P. Salazar, Jr.

American University Criminal Law Brief

No abstract provided.

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Facebook And Myspace In The Courtroom: Authentication Of Social Networking Websites, Julia Mehlman Jan 2012

Facebook And Myspace In The Courtroom: Authentication Of Social Networking Websites, Julia Mehlman

American University Criminal Law Brief

No abstract provided.

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Restorative Justice In The Gilded Age:Shared Principles Underlying Twomovements In Criminal Justice, Ali M. Abid Jan 2012

Restorative Justice In The Gilded Age:Shared Principles Underlying Twomovements In Criminal Justice, Ali M. Abid

American University Criminal Law Brief

No abstract provided.

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Making Sense Of Reasonable Doubt: Understanding Certainty, Doubt,And Rule-Based Bias Filtering, Yali Corea-Levy Jan 2012

Making Sense Of Reasonable Doubt: Understanding Certainty, Doubt,And Rule-Based Bias Filtering, Yali Corea-Levy

American University Criminal Law Brief

No abstract provided.

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Is It Justice Or A Crime To Record The Police?: A Look At The Illinois Eavesdropping Statute And Its Application, 45 J. Marshall L. Rev. 485 (2012), Stephanie Claiborne Jan 2012

Is It Justice Or A Crime To Record The Police?: A Look At The Illinois Eavesdropping Statute And Its Application, 45 J. Marshall L. Rev. 485 (2012), Stephanie Claiborne

UIC Law Review

No abstract provided.

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Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012), Emily Kendall Jan 2012

Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012), Emily Kendall

UIC Law Review

No abstract provided.

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Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin Jan 2012

Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin

UIC Law Review

No abstract provided.

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Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto Jan 2012

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto

Michigan Journal of Gender & Law

The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court created …

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No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett Jan 2012

No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett

Michigan Journal of Gender & Law

Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …

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Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison Jan 2012

Proving Medical Child Abuse: The Time Is Now For Ohio To Focus On The Victim And Not The Abuser, Tiffany S. Allison

Journal of Law and Health

Part I of this Note will discuss the history of Munchausen's Syndrome by Proxy and how the medical community is trying to make the general public aware of medical child abuse. Part II provides a history of Munchausen's Syndrome by Proxy and medical child abuse. It also highlights the differences in how litigation was previously handled under the nomenclature of Munchausen's Syndrome by Proxy and how litigation should be handled in the future under the nomenclature of medical child abuse. Part III identifies Ohio's current statutes and federal legislation that have an effect on child abuse. Part III also identifies …

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Updates From The International And Internationalized Criminal Courts, Claire Grandison, Sofia Vivero, Andra Nicolescu, Danielle Dean, Benjamin Watson Jan 2012

Updates From The International And Internationalized Criminal Courts, Claire Grandison, Sofia Vivero, Andra Nicolescu, Danielle Dean, Benjamin Watson

Human Rights Brief

No abstract provided.

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Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera Jan 2012

Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera

Faculty Scholarship

No abstract provided.

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"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith Jan 2012

"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith

Fordham Urban Law Journal

This article is about an actual experience the author had defending a teenager accused of a serious crime where Bob Dylan grew up-- the Minnesota Iron Range. In order to protect the young man's privacy, it does not divulge the actual time period of the case. Likewise, details about his life and the charges he was facing have been changed. His name has been changed to Jamal. Things did not go well for Jamal. Though a child when he was sent from the juvenile jail outside of Washington, D.C. to a secure treatment facility for serious juvenile offenders in the …

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When The Law Doesn't Work, Richard H. Underwood Jan 2012

When The Law Doesn't Work, Richard H. Underwood

Fordham Urban Law Journal

This Article looks at Dylan songs and traces them back to "true crime" to relate Dylan to the law. It looks at "Ballad of Hollis Brown," "Ballad of Donald White," "The Lonesome Death of Hattie Carroll," "Hurricane," "Percy's Song," and "Talking Bear Mountain Picnic Massacre Blues." Part I looks at Dylan's traditional songs. Part II looks at Dylan's finger-pointing songs. Finally, part III looks at "Bad Judge Ballads."

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Our Backyard Slave Trade: The Result Of Ohio’S Failure To Enact Comprehensive State-Level Human-Sex-Trafficking Legislation, Priscila A. Rocha Jan 2012

Our Backyard Slave Trade: The Result Of Ohio’S Failure To Enact Comprehensive State-Level Human-Sex-Trafficking Legislation, Priscila A. Rocha

Journal of Law and Health

This Note examines the shortcomings of Ohio’s current anti-trafficking legislation and argues that additional victim-focused legislation must be enacted at the state level to prevent human trafficking and to protect victims. Part II provides a broad overview of the human-sex-trafficking epidemic, its magnitude at an international level, and the United Nations’ response. Part III discusses the scope of human trafficking within the United States. It also examines federal level anti-trafficking initiatives, including the Trafficking and Violence Protection Act of 2000 (TVPA), its reauthorizations, and its effectiveness in preventing domestic human trafficking and in protecting victims. Part IV addresses the urgent …

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Resolving The Post-Begay Maelstrom Statutory Rape As A Violent Felony Under The Armed Career Criminal Act, Sarena M. Holder Jan 2012

Resolving The Post-Begay Maelstrom Statutory Rape As A Violent Felony Under The Armed Career Criminal Act, Sarena M. Holder

Cleveland State Law Review

The Armed Career Criminal Act ("ACCA"), enacted in 1984, mandates a minimum fifteen-year sentence for defendants who unlawfully possess a firearm and who also have three prior convictions for violent felonies and/or serious drug offenses. Since its inception, the ACCA has presented a weighty problem: what constitutes a "violent" felony? The United States Supreme Court has made an effort to allay the confusion, most recently in its decision in Begay v. United States, requiring that violent felonies be purposefully violent or aggressive. This Note questions the reasoning of circuit courts that have disallowed statutory rape as a violent felony post-Begay, …

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Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis Jan 2012

Film Review: Mississippi Innocence And The Prosecutor’S Guilt, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Film review of Mississippi Innocence. A documentary film by Joe York. Media and Documentary Projects at the University of Mississippi (2011)

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Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks Jan 2012

Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks

Faculty Scholarship

No abstract provided.

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"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins Jan 2012

"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts. This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews the federal …

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Professional Identity As Advocacy, Robert Rubinson Jan 2012

Professional Identity As Advocacy, Robert Rubinson

All Faculty Scholarship

The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of "professional identity as advocacy" describes how such professional sub-groups accuse opposing subgroups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …

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In-House Counsel Beware!, Katrice Bridges Copeland Jan 2012

In-House Counsel Beware!, Katrice Bridges Copeland

Faculty Scholarship

This Article argues that the prosecution of Lauren Stevens for covering up the alleged crimes of GSK was misguided both as a matter of law and a matter of policy. In particular, this Article contends that the government should not prosecute attorneys for obstruction of justice or other cover-up crimes for actions taken in good faith during a government investigation into a client's conduct. Part I provides background on the Lauren Stevens case and the convergence of the four prosecution trends that led the government to indict her. Part II argues that Lauren Stevens did not obstruct the government's investigation …

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How Can A Program Similar To Rewards For Justice Be Established That Offers Rewards For Information Related To The Financiers Or Key Leaders Of Pirate Organizations?, Baker & Mckenzie Llp Jan 2012

How Can A Program Similar To Rewards For Justice Be Established That Offers Rewards For Information Related To The Financiers Or Key Leaders Of Pirate Organizations?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

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