Criminal Law Commons^™

Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell

NYLS Law Review

No abstract provided.

People V. Harnett, Joanna C. Peck

NYLS Law Review

No abstract provided.

Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye

NYLS Law Review

No abstract provided.

Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox

NYLS Law Review

No abstract provided.

Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero

NYLS Law Review

No abstract provided.

When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco

NYLS Law Review

No abstract provided.

Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman

NYLS Law Review

No abstract provided.

Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter

NYLS Law Review

No abstract provided.

People V. Givenni, Colette Siesholtz

NYLS Law Review

No abstract provided.

Response Essay: Some Observations On Professor Schwartz's "Foundation" Theory Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Professor David Schwartz's A Foundation Theory of Evidence posits an intriguing new way to look at Evidence. It asserts that offered evidence must meet a tripartite requirement before it can be relevant. The tripartite requirement is that the evidence must be "case-specific, assertive, and probably true." His shorthand for the tripartite requirement is that evidence must be "well founded." Hence, he calls his theory the "foundation theory of evidence" and claims this foundation notion is so central to evidence law that it eclipses in importance even relevance itself. The tripartite requirement inheres in the very concept of evidence and relevancy, …

Decarceration Courts: Possibilities And Perils Of A Shifting Criminal Law, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

A widely decried crisis confronts U.S. criminal law. Jails and prisons are overcrowded and violence plagued. Additional causes for alarm include the rate of increase of incarcerated populations, their historically and internationally unprecedented size, their racial disproportionality, and exorbitant associated costs. Although disagreement remains over the precise degree by which incarceration ought to be reduced, there is a growing consensus that some measure of decarceration is desirable.

With hopes of reducing reliance on conventional criminal supervision and incarceration, specialized criminal courts proliferated dramatically over the past two decades. There are approximately 3,000 specialized criminal courts in the United States, including …

The U.S. Criminal-Immigration Convergence And Its Possible Undoing, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and drains enforcement resources, misguides immigration regulation, and undermines efforts to implement alternative immigration regulatory frameworks. This article offers an account, informed by social psychological and literary theory, of why this convergence persists notwithstanding these problems, as well as how the convergence (and inherently associated problems) might be undone. The U.S. criminal-immigration convergence holds powerful sway, despite …

A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein

Touro Law Review

No abstract provided.

Defining Inchoate Crime: An Incomplete Attempt, Michael T. Cahill

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

This publication compiles case law, new stories, reports and helpful sites on the issue of juveniles convicted as adults (as of 2012).

Derecho Penal Sustantivo, Luis E. Chiesa

Journal Articles

No abstract provided.

Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray

Articles & Chapters

Prosecutors, like mostAmericans, view the criminal-justice system asfundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices-and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors-contribute to the staggering and disproportionate incarceration of black Americans. In …

A Complementarity Conundrum: International Criminal Enforcement In The Mexican Drug War, Spencer Thomas

Vanderbilt Journal of Transnational Law

Drug-related violence in Mexico has claimed over 34,000 lives since Mexican President Felipe Calderon initiated his crackdown on Mexico's drug cartels in 2006 with the deployment of military troops to Michoacan. Somewhat surprisingly, Mexico's drug war has garnered rather little attention from the international community, despite a wealth of headlines in popular media. This Note takes up the question of international criminal enforcement in Mexico against Los Zetas, widely considered Mexico's most violent drug cartel. By setting up a hypothetical--but possible--International Criminal Court (ICC) prosecution of Los Zetas cartel leader Heriberto Lazcano, this Note demonstrates that the ICC Prosecutor could …

Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett

Faculty Publications

During one permanently consequential decade in the history of the United States and the world, United States Supreme Court Justice Robert H. Jackson delivered three major lectures at the University of Buffalo. The last of these was Jackson's May 9, 1951, James McCormick Mitchell Lecture, "Wartime Security and Liberty under Law," which inaugurated this distinguished lecture series. Justice Jackson's first formal lecture at the University of Buffalo occurred on February 23, 1942, halfway through his first year as a Supreme Court Justice and just twelve weeks after the attack on Pearl Harbor brought the United States into World War II. …

Against Theories Of Punishment: The Thought Of Sir James Fitzjames Stephen, Marc O. Degirolami

Faculty Publications

This paper reflects critically on what is the near-universal contemporary method of conceptualizing the tasks of the scholar of criminal punishment. It does so by the unusual route of considering the thought of Sir James Fitzjames Stephen, a towering figure in English law and political theory, one of its foremost historians of criminal law, and a prominent public intellectual of the late Victorian period. Notwithstanding Stephen's stature, there has as yet been no sustained effort to understand his views of criminal punishment. This article attempts to remedy this deficit. But its aims are not exclusively historical. Indeed, understanding Stephen's ideas …

Introduction: Jessica Lenahan (Gonzales) V. United States: Implementation, Litigation, And Mobilization Strategies, Caroline Bettinger-López

Articles

No abstract provided.

Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt's Development, Randolph N. Jonakait

Articles & Chapters

Lessons can be learned about finding the original meaning of American criminal procedure rights by an examination of the development of the reasonable doubt standard. This is for a number of reasons. First, the status of the reasonable doubt standard seems secure. No debate questions the constitutional requirement that an accused can only be convicted if the crime is proven beyond a reasonable doubt. The standard’s original meaning can be explored uncolored by the partisanship often engendered when present seekers of original meaning hope to define a new contour to a constitutional guarantee. Furthermore, serious scholars have studied the reasonable …

Encountering Attica: Documentary Filmmaking As Pedagogical Tool, Teresa A. Miller

Journal Articles

No abstract provided.

"There Is A World Elsewhere": Preliminary Studies On Alternatives To Interest-Based Bargaining, F. Peter Phillips

Cardozo Journal of Conflict Resolution

We live in an Age of Reason, which our predecessors were pleased to call an Age of Enlightenment. The laws of physics and molecular chemistry, not the appearance of angels to shepherds, define our social expectations. In economics and in politics, we accept the guidance of a collective rationale, an Invisible Hand that, if it doesn't predict, nevertheless records the aggregate of decisions made by millions of social actors, each expressing not the general welfare but their individual self-interest.

Arbitrating Cultural Property Disputes, Elizabeth Varner

Cardozo Journal of Conflict Resolution

Years drag by, vicious allegations fly across the world stage, parties die frustrated. While cultural property disputes are frequently arbitrated internationally, arbitration is not often used in domestic cultural property disputes. One of the paradoxes of cultural property disputes is the need to resolve the issue while not harming the parties' reputation or devaluing the cultural property. While scholars have shown much interest in arbitrating cultural property disputes in the United States, maximizing the potential of arbitration in cultural property disputes has largely been ignored.

Rejecting the acceptability of litigating cultural property disputes in the battlefield of the courtroom, this …

Chinese Use Of Administrative Proceedings To Enforce Intellectual Property Rights: Evaluating And Improving Adr In China, Simeng Han

Cardozo Journal of Conflict Resolution

Since its entry into the World Trade Organization ("WTO") in 2001, China has significantly reformed its legal system in order to enforce its commitment to protecting Intellectual Property ("IP"). Yet, there remains a lingering suspicion of the actual level of Chinese commitment-as indicated by continuous infringement claims from nations such as the United States. With an increasing number of disputes loading the court dockets and putting pressure on judges, and given China's "deep-rooted historical preference for informal and non-adversarial means of dispute resolution," there is enormous potential for further development of ADR in this field. Indeed, the culturally preferable way …

Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark Findlay

Research Collection Yong Pung How School Of Law

No abstract provided.

No Secrets Allowed: A Prosecutor’S Obligation To Disclose Inadmissible Evidence, Abigail B. Scott

Catholic University Law Review

No abstract provided.

Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing

Kentucky Law Journal

No abstract provided.