Criminal Law Commons^™

Recruitment And Use Of Children As An Act Of Piracy, Aalia Maan

War Crimes Memoranda

No abstract provided.

The Speedy Trial Rights Of Suspected Pirate Detainees, Aleksandar Sava Rakic

War Crimes Memoranda

No abstract provided.

Provide A Comparative Analysis Of The Proposed United Nations Extraterritorial Piracy Court And The Lockerbie Tribunal, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

How May The Seychelles Penal Code Be Amended To Support The Prosecution Of Financiers Of Piracy Who Reside Outside The Seychelles, And What Issues Arise Concerning The Extradition Of Non-National Suspects Into The Seychelles For Prosecution?, Jones Day

War Crimes Memoranda

No abstract provided.

Recruitment And Use Of Child Pirates As Crimes Against Humanity, Maura Finn

War Crimes Memoranda

advised/reviewed by Laurie Blank

The Applicability Of National Anti-Terrorism Laws To Piracy: A Comparative Analysis Of Japan, The Philippines, And Singapore, Nina Tantraphol, Frederick Michael Lorenz

War Crimes Memoranda

No abstract provided.

Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, Pilpg

War Crimes Memoranda

No abstract provided.

Analyzing Sources Of Extradition For Pirates To Seychelles, Ramnik Samrao

War Crimes Memoranda

No abstract provided.

Ability Of Trial Chamber And Pre-Trial Chamber To Use Different Legal Characterizations, Ugochi Madubata

War Crimes Memoranda

No abstract provided.

Can The Seychelles Criminalize Possession Of Piratical Equipment, And Apply It To Foreign Nationals Found Outside Of The Seychelles Under Either Universal Or Protective Jurisdiction?, Vijyalakshmi Patel

War Crimes Memoranda

No abstract provided.

The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan

Scholarly Publications

Economic analyses of criminal law are frequently and heavily criticized for being unable to explain many criminal law rules and doctrines people find intuitively just. Existing economic models cannot properly explain, for instance, why criminal law distinguishes between (1) repeat offenders and first-time offenders, (2) murder and voluntary manslaughter, and (3) remorseful and non-remorseful offenders.

This Article proposes a richer economic theory of crime that captures the rationales behind these practices and potentially behind many other important criminal law principles and doctrines. Unlike an overwhelming majority of previous economic analyses, my theory accounts not only for the deterrent effect of …

The Quarles Public Safety Exception In Terrorism Cases. Reviving The Marshall Dissent, Elizabeth Nielsen

American University Criminal Law Brief

No abstract provided.

Mass Murderers Discover Mass Murder: The Germans And Katyn, 1943, Kenneth F. Ledford

Faculty Publications

After the German army in 1943 discovered the graves of murdered Polish army officers in the Katyn Forest, Joseph Goebbels embarked upon a cynical publicity campaign to spread before the world the perils of Bolshevik success. But the Nazi discovery of Soviet crimes against leaders of Polish state and society elided the reality that from the very beginning of the German invasion of Poland, the SS had carried out identical mass murders of Polish intellectuals and other social leaders. Goebbels's campaign amounted to mass murderers ““uncovering” mass murders on the part of their adversaries and seeking cynically to use that …

My Internship At The Champaign State’S Attorney’S Office, Rebecca Davis

Independent Honors Projects

A summary of my experiences during my service honors project as an intern in the Champaign County State's Attorney's Office.

Perverted Justice: Why Courts Are Ruling Against Restitution In Child Pornography Possession Cases, And How A Victim Compensation Fund Can Fix The Broken Restitution Framework, Tyler Morris

Villanova Law Review (1956 - )

No abstract provided.

Nothing Is Not Enough: Fix The Absurd Post-Booker Federal Sentencing System, Frank O. Bowman Iii

Faculty Publications

This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission hearing considering whether the advisory guidelines system created by the Supreme Court’s 2005 decision in United States v. Booker should be modified or replaced. I argue that it should.

Right To Counsel Denied: Confusing The Roles Of Lawyers And Guardians, 43 Loy. U. Chi. L.J. 833 (2012), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

How Many Lives Has Victor Streib Saved? A Tribute, Deborah W. Denno

Faculty Scholarship

No abstract provided.

The Expressive Dimension Of Eu Criminal Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last decade, the European Union has begun actively legislating in the area of criminal justice. The 2009 Treaty of Lisbon expressly acknowledged the EU’s authority to pass criminal laws with respect to certain serious offenses with a cross-border dimension. This explicit grant of powers is the culmination of a remarkable evolution in the European Union’s identity — from an organization devoted primarily to economic integration to a political union that increasingly resembles a federal state.

This Article argues that the EU has used its powers to criminalize not only to address practical needs, but also to reaffirm its …

Proximate Retribution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

An essential element of the theory of retribution has been missing from courts’ and legal scholars’ analyses. While they have outlined a number of varieties of the theory and fleshed out their nuances, courts and scholars have largely neglected to examine which harms flowing from a criminal offender's conduct should be considered in determining that offender’s desert. The more remote harms caused by an offender’s conduct, such as the effects of his offenses on the families and friends of his victims or the effects of criminal conduct on society in general, are pervasive in communities across the nation. This Article …

A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Closing Fed. R. Crim. P. 16(A)’S Loopholes: Why Criminal Defendants Are Entitled To Discovery Of All Of Their Statements, Christina Reiss

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch, Joe Hernandez

American University Criminal Law Brief

No abstract provided.

The Temptation Of Martinez V. Ryan:Legal Ethics For The Habeas Bar, Lawrence Kornreich, Alexander I. Platt

American University Criminal Law Brief

No abstract provided.

Clearly Amorphous: Finding A Particular Social Group For Children Resisting Gang Recruitment, Adreanna Orlang

Catholic University Law Review

No abstract provided.

Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Blair Woods

Michigan Journal of Race and Law

This Article presents an empirical study of race and the application of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to criminal street and prison gangs. A strong majority (approximately 86%) of the prosecutions in the study involved gangs that were affiliated with one or more racial minority groups. All but one of the prosecuted White-affiliated gangs fell into three categories: international organized crime groups, outlaw motorcycle gangs, and White supremacist prison gangs. Some scholars and practitioners would explain these findings by contending that most criminal street gangs are comprised of racial minorities. This Article challenges and problematizes this …

I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman

Nevada Law Journal

No abstract provided.

Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel

Nevada Law Journal

No abstract provided.

Preplea Disclosure Of Impeachment Evidence, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Response to R. Michael Cassidy, Plea Bargaining, Discovery, and the Intractable Problem of Impeachment Disclosures, 64 Vand. L. Rev. 1429 (2011)