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Articles 12481 - 12510 of 27900

Full-Text Articles in Criminal Law

The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell Jan 2009

The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell

War Crimes Memoranda

No abstract provided.

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In Defense Of Victim Impact Statements, Paul Cassell Jan 2009

In Defense Of Victim Impact Statements, Paul Cassell

Utah Law Faculty Scholarship

This paper provides a comprehensive justification of "victim impact statements" in criminal sentencing, explaining how such statements are important to crime victims and how the critics of such statements fail to grapple with the need for these statements to victims.

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Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso Jan 2009

Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso

American University Law Review

This Comment argues that, based on the Prison Litigation Reform Act (PLRA)’s purpose and legislative history, prisoners who fulfilled the statute’s payment obligations while incarcerated should be entitled to apply for traditional in forma pauperis (IFP) status under § 1915(a)(1) upon release. Part I traces the historical development of prisoners’ right of access to the courts and its ties to the IFP doctrine. It then examines the PLRA’s many amendments to the federal IFP statute. Part II explains the divergent readings that circuit courts currently apply to § 1915(b). After analyzing the statute’s plain language and legislative history, Part III …

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Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii Jan 2009

Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii

Maryland Law Review

No abstract provided.

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Price V. State: The Price Is Not Right—Maryland’S Showcase Showdown With Inconsistent Criminal Jury Verdicts, Bryan L. Mosca Jan 2009

Price V. State: The Price Is Not Right—Maryland’S Showcase Showdown With Inconsistent Criminal Jury Verdicts, Bryan L. Mosca

Maryland Law Review

No abstract provided.

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The Modern Problem-Solving Court Movement: Domination Of Discourse And Untold Stories Of Criminal Justice Reform, Mae Quinn Jan 2009

The Modern Problem-Solving Court Movement: Domination Of Discourse And Untold Stories Of Criminal Justice Reform, Mae Quinn

Journal Articles

There is a chasm between the rhetoric about and the reality of modern court reform movements. It is a deeply troubling divide. This Article, responding to the work of Professor Jane Spinak, is not concerned with innovations within the family court system. Rather, it examines modern criminal justice reforms.1 It focuses on the claims of the contemporary ―problem-solving court‖ movement—a movement that has resulted in the development of thousands of specialized criminal courts across the country over the last two decades.2

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Finding Power, Fighting Power (Or The Perpetual Motion Machine), Mae Quinn Jan 2009

Finding Power, Fighting Power (Or The Perpetual Motion Machine), Mae Quinn

Journal Articles

No abstract provided.

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The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli Jan 2009

The Nrc Report And Its Implications For Criminal Litigation, Paul C. Giannelli

Faculty Publications

The National Research Council, an arm of the National Academy of Sciences, issued a landmark report on forensic science in February 2009. In the long run, the report’s recommendations, if adopted, would benefit law enforcement and prosecutors. The recommendations would allow forensic science to develop a strong scientific basis and limit evidentiary challenges regarding the reliability of forensic evidence. In keeping with its congressional charge, however, the NRC Committee did not directly address admissibility issues. Nevertheless, given its content, the report will inevitably be cited in criminal cases. Indeed, within months, the United States Supreme Court cited the report, noting …

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Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov Jan 2009

Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang L. Ngov

Faculty Scholarship

At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable doubt, to confront witnesses, and to exclude inadmissible evidence. However, these rights, except for the right to counsel, disappear at sentencing. In deciding a defendant’s sentence, a court may consider conduct that has not been proven beyond a reasonable doubt and even conduct of which the jury has acquitted the defendant. Consideration of acquitted conduct has resulted in dramatic increases in the length of defendants’ sentences sometimes resulting in life imprisonment based merely on a judge’s finding that a defendant more likely than …

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International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan Jan 2009

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.

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Grading Arson, Michael T. Cahill Jan 2009

Grading Arson, Michael T. Cahill

Faculty Scholarship

No abstract provided.

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Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Diana Tafur Jan 2009

Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Diana Tafur

American University Criminal Law Brief

No abstract provided.

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Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven Jan 2009

Mixed Messages: The Supreme Court’S Conflicting Decisions On Juries In Death Penalty Cases, Kenneth Miller, David Niven

American University Criminal Law Brief

No abstract provided.

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Thomas Jefferson’S Carriage: Arizona V. Gant’S Assault On The Belton Doctrine, Andrew Fois, Lauren Simmons Jan 2009

Thomas Jefferson’S Carriage: Arizona V. Gant’S Assault On The Belton Doctrine, Andrew Fois, Lauren Simmons

American University Criminal Law Brief

No abstract provided.

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The Crocodile In The Bathtub: An Examination Of California’S System For Judicial Selection, Shaun Hoting Jan 2009

The Crocodile In The Bathtub: An Examination Of California’S System For Judicial Selection, Shaun Hoting

American University Criminal Law Brief

No abstract provided.

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Letter From The Editor, John Nohlgren Jan 2009

Letter From The Editor, John Nohlgren

American University Criminal Law Brief

No abstract provided.

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Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2009

Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

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Book Review, Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl Jan 2009

Book Review, Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl

Scholarly Articles

Not available.

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Foreword To Articles Presented At The 2009 Childhood Sexual Abuse Awareness Conference, Phebe Saunders Haugen Jan 2009

Foreword To Articles Presented At The 2009 Childhood Sexual Abuse Awareness Conference, Phebe Saunders Haugen

Faculty Scholarship

This foreword introduces four papers presented at the William Mitchell Conference on Childhood Sexual Abuse. It reviews all of the programs and discussions presented at the conference, Understanding a Silent Tragedy: A Conference on Childhood Sexual Abuse, including the experience and knowledge of the authors of each paper. Finally, it reviews and introduces the subject matter covered by each paper.

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The Abolition Of The Death Penalty In New Jersey And Its Impact On Our Nation's "Evolving Standards Of Decency", Aaron Scherzer Jan 2009

The Abolition Of The Death Penalty In New Jersey And Its Impact On Our Nation's "Evolving Standards Of Decency", Aaron Scherzer

Michigan Journal of Race and Law

In 2007, New Jersey became the first state in over forty years to abolish the death penalty legislatively. Twenty-five years earlier, in 1982, New Jersey had followed a state-level trend by reinstating its death penalty. However, during the twenty-five years between reinstatement and abolition, New Jersey did not conduct a single execution. Instead, the New Jersey Supreme Court reversed numerous death penalty cases and consistently narrowed the class of cases eligible for the death penalty. This Note posits that the supreme court's narrowing of eligible cases was one of the factors that prevented executions from taking place in New Jersey. …

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Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah Jan 2009

Choosing Those Who Will Die: The Effect Of Race, Gender, And Law In Prosecutorial Decision To Seek The Death Penalty In Durham County, North Carolina, Isaac Unah

Michigan Journal of Race and Law

District prosecutors in the United States exercise virtually unfettered power and discretion to decide which murder cases to prosecute for capital punishment. According to neoclassical theory of formal legal rationality, the process for determining criminal punishment should be based upon legal rules established and sanctioned by the state to communicate the priorities of the political community. The theory therefore argues in favor of a determinate mode of decision-making that diminishes the importance of extrinsic elements such as race and gender in the application of law. In the empirical research herein reported, I test this theory using death eligible cases in …

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The Unconstitutionality, Ineffectiveness, And Alternatives Of Gang Injunctions, Thomas A. Myers Jan 2009

The Unconstitutionality, Ineffectiveness, And Alternatives Of Gang Injunctions, Thomas A. Myers

Michigan Journal of Race and Law

Gang violence across America puts in jeopardy the peace and tranquility of neighborhoods. Cities are challenged to keep their communities safe from gang violence. One common way in which cities attempt to combat violent gang activity is by using gang injunctions. Gang injunctions are court orders that prohibit gang members from conducting already-illegal activities such as vandalism, loitering, and use or possession of illegal drugs or weapons within a defined area. These injunctions, however, also prohibit otherwise legal activity such as associating with others within the restricted area of the injunction, using words or hand gestures, and wearing certain clothing. …

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Rethinking Criminal Law And Family Status , Dan Markel, Ethan J. Leib, Jennifer M. Collins Jan 2009

Rethinking Criminal Law And Family Status , Dan Markel, Ethan J. Leib, Jennifer M. Collins

Faculty Scholarship

In our recent book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (OUP 2009), we examined and critiqued a number of ways in which the criminal justice system uses family status to distribute benefits or burdens to defendants. In their review essays, Professors Alafair Burke, Alice Ristroph & Melissa Murray identify a series of concerns with the framework we offer policymakers to analyze these family ties benefits or burdens. We think it worthwhile not only to clarify where those challenges rest on misunderstandings or confusions about the central features of our views, but also to show the …

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The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman Jan 2009

The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Reducing the incidence of wrongful convictions based on eyewitness mistakes poses a difficult challenge to the criminal justice system. There is near-unanimity among courts and commentators that eyewitness mistakes account for more erroneous convictions than any other type of proof. It is therefore incumbent on every key participant in the criminal justice system - judge, prosecutor, police, and defense counsel - to use every available tool to protect an accused from being mistakenly identified by an eyewitness. For the judge, protecting the accused requires a willingness to give the jury special instructions on eyewitness identification and a willingness to allow …

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A Short Overview Of The Statutory Remedies For The Wrongly Convicted: What Works, What Doesn't And Why, Adele Bernhard Jan 2009

A Short Overview Of The Statutory Remedies For The Wrongly Convicted: What Works, What Doesn't And Why, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Protecting Children On The Internet: Mission Impossible?, Audrey Rogers Jan 2009

Protecting Children On The Internet: Mission Impossible?, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article posits that the Williams Court properly upheld Congress' shift in focus from the images to the speech pandering them. The majority ruled that the inability to complete a crime because of a factual error is not a defense. Its reasoning should lay to rest lingering claims that child protection statutes require an actual child. Nevertheless, the Article explains that the Williams dissent essentially relied on legal impossibility in its finding that the PROTECT Act's pandering provision was unconstitutionally overbroad. In so doing, the dissent reflects the reluctance of many to accept the extent to which adults are seeking …

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Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn Jan 2009

Race, Genes And Justice: A Call To Reform The Presentation Of Forensic Dna Evidence In Criminal Trials, Jonathan Kahn

Faculty Scholarship

The article considers how and when, if at all, is it appropriate to use race in presenting forensic DNA evidence in a court of law? This relatively straightforward question has been wholly overlooked by legal scholars. By pursuing it, this article promises to transform fundamentally the presentation forensic DNA evidence. Currently, it is standard practice for prosecutors to use race in presenting the odds that a given defendant's DNA matches DNA found at a crime scene. This article takes an interdisciplinary approach to question the validity of this widespread but largely uninterrogated practice. It examines how race came to enter …

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Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall Jan 2009

Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall

Michigan Journal of International Law

This Article embraces one of two contested understandings of what a failure to punish entails. On the first understanding, a military commander's failure to punish is construed solely as a dereliction of duty. Accordingly, his failure to punish constitutes a separate offense from the underlying atrocity that his troops have committed. The failure to punish is, then, a substantive offense in its own right. On a second understanding, for which I argue here, the failure to punish renders the commander criminally liable for the atrocity itself, even if he neither ordered nor even knew about the atrocity before its occurrence. …

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The Consociative Value Of Work: What Homelessness-To-Work Programs Can Teach Us About Reforming And Expanding Prison Labor, Christopher Angevine Jan 2009

The Consociative Value Of Work: What Homelessness-To-Work Programs Can Teach Us About Reforming And Expanding Prison Labor, Christopher Angevine

American University Criminal Law Brief

No abstract provided.

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A Road To Hope: The Path To Defining Child Torture To Protect The Children, Mary Ahan Jan 2009

A Road To Hope: The Path To Defining Child Torture To Protect The Children, Mary Ahan

American University Criminal Law Brief

No abstract provided.

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