Criminal Law Commons^™

Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise

Cornell Law Faculty Publications

Although few dispute the appellate process's centrality to justice systems, especially in the criminal context, debates over rationales supporting the appellate process's vaunted status in adjudication systems persist. Clearly, it is difficult to overestimate error correction as a justification for an appellate system. Of course, other rationales, such as a desire for lawmaking and legitimacy, also support the inclusion of a mechanism for appellate review in an adjudication system.

Though comparative latecomers, appellate courts are now ubiquitous in the American legal landscape—appellate review exists in state and federal systems for criminal convictions. Despite general agreement and widespread understanding that access …

"I Object" Is Not Enough: Tips For Criminal Defense Attorneys On Avoiding Procedural Default, John H. Blume, Emily C. Paavola

Cornell Law Faculty Publications

No abstract provided.

Dealing With Wayward Desire, Stephen P. Garvey

Cornell Law Faculty Publications

The exercise of synchronic self-control is the way in which an actor can attempt to bring a desire into alignment with his better judgement at the moment and during the interval of time over which, but for the exercise of such self-control, the desire would become the actor’s preponderant desire, which the actor would then translate into an act contrary to his better judgment. The moral psychology of an actor who fails to achieve such self-control can be analyzed in two ways. One way is meant to be consistent with compatibilist metaphysics; the other with libertarian metaphysics. The implications of …

Towards A Unique Theory Of International Criminal Sentencing, Jens David Ohlin

Cornell Law Faculty Publications

International criminal law currently lacks a robust procedure for sentencing convicted defendants. Legal scholars have already critiqued the sentencing procedures at the ad hoc tribunals, and the Rome Statute does little more than refer to the gravity of the offense and the individual circumstances of the criminal. No procedures are in place to guide judges in exercising their discretion in a matter that is arguably the most central aspect of international criminal law - punishment. This paper argues that the deficiency of sentencing procedures stems from a more fundamental theoretical deficiency - the lack of a unique theory of punishment …

The Cognitive Psychology Of Mens Rea, Kevin Jon Heller

Journal of Criminal Law and Criminology

No abstract provided.

Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo

Journal of Criminal Law and Criminology

No abstract provided.

Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock

Journal of Criminal Law and Criminology

No abstract provided.

What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet

Journal of Criminal Law and Criminology

No abstract provided.

When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price

Journal of Criminal Law and Criminology

No abstract provided.

Foreword

Journal of Criminal Law and Criminology

No abstract provided.

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Journal of Criminal Law and Criminology

No abstract provided.

The Criminalization Of Poverty, Kaaryn Gustafson

Journal of Criminal Law and Criminology

No abstract provided.

Legal Disparities In The Capital Of Capital Punishment, Scott Phillips

Journal of Criminal Law and Criminology

No abstract provided.

The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave

Journal of Criminal Law and Criminology

No abstract provided.

Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista

Journal of Criminal Law and Criminology

No abstract provided.

Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason

Journal of Criminal Law and Criminology

No abstract provided.

Strategery's Refuge, Christopher Seeds

Journal of Criminal Law and Criminology

No abstract provided.

The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger

Journal of Criminal Law and Criminology

No abstract provided.

Aces And Eights: Why The Unlawful Internet Gambling Enforcement Act Resides In Dead Man's Land In Attempting To Further Curb Online Gambling And Why Expanded Criminalization If Preferable To Legalization, Jonathan Conon

Journal of Criminal Law and Criminology

No abstract provided.

Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle

Journal of Criminal Law and Criminology

No abstract provided.

Duress And The Underlying Felony, Russell Shankland

Journal of Criminal Law and Criminology

No abstract provided.

Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial, Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, The, James L. Kainen, Carrie A. Tendler

Faculty Scholarship

Crawford v. Washington’s historical approach to the confrontation clause establishes that testimonial hearsay inadmissible without confrontation at the founding is similarly inadmissible today, despite whether it fits a subsequently developed hearsay exception. Consequently, the requirement of confrontation depends upon whether an out-of-court statement is hearsay, testimonial, and, if so, whether it was nonetheless admissible without confrontation at the founding. A substantial literature has developed about whether hearsay statements are testimonial or were, like dying declarations, otherwise admissible at the founding. In contrast, this article focuses on the first question – whether statements are hearsay – which scholars have thus far …

Future Of Appellate Sentencing Review: Booker In The States, The Symposium: Criminal Appeals: Sentencing Appeals, John F. Pfaff

Faculty Scholarship

In this Article, I look at the theoretical implications of the United States Supreme Court‘s recent contradictory sentencing cases, and I then examine how they are playing out in practice at the state level. Though Booker purports to follow, not repudiate, Blakely, its view of the role of appellate courts is wholly inconsistent with Blakely‘s view. Many states have sidestepped this contradiction by simply following Blakely and ignoring the option laid out in Booker. But at least three states have chosen to pass through the door opened by Booker. Their experiences allow us to examine the implications of Booker and …

A Response To The Sounds Of Silence, Andrew King-Ries

Faculty Law Review Articles

In his article, The Sound of Silence: Holding Batterers Accountable for Silencing Their Victims, Tom Lininger attempts to "facilitate the effective prosecution of domestic violence cases, particularly domestic homicide, while complying with the new requirements announced [for forfeiture by wrongdoing] by the Supreme Court in Giles [v. California]."' In doing so, Lininger tackles a wide array of topics, including analyzing the "theoretical underpinnings" of forfeiture by wrongdoing; explicating the Giles decision, criticizing Justice Scalia's originalist approach for its "selective historical research . . . conflation of evidentiary and constitutional forfeiture theories, and . . . vacillation between objective and subjective …

Happiness And Punishment., John Bronsteen

Faculty Publications & Other Works

No abstract provided.

Retribution's Role., John Bronsteen

Faculty Publications & Other Works

No abstract provided.

Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to give …

Revisiting The Un Protocol On Human Trafficking: Striking Balances For More Effective Legislation, Kalen Fredette

Cardozo Journal of International and Comparative Law

Human trafficking is a growing global criminal concern. This paper assesses several national and multi-national efforts to combat human trafficking, focusing particularly on the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Protocol). Ultimately, the rise in trafficking offenses compared to the sparse number of convictions strongly suggests the inadequacy of the national and multinational efforts currently in play. This paper will take a fresh look at key provisions of the recent Protocol in light of newly published data on trafficking, and will explore possible modifications to the instrument which may increase its effectiveness. …

When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell

Scholarly Works

In October 2008, Karthik Rajaram murdered his wife, mother-in-law, sons and, ultimately, himself, in a wealthy Los Angeles suburb. This Article analyzes media reports about the deaths to illustrate the resilience of patriarchy and significant gaps in research and scholarship about domestic violence, and suggests a strategic approach to building counter-narratives about violence against women.

The Article is composed of five parts. Part I is the Introduction. Part II draws on narrative theory and critical media scholarship to lay the groundwork for analysis, and to show why media coverage of homicide-suicide is implicated in the production of dominant ideology.

Part …

Last Best Chance For The Great Writ: Equitable Tolling And Federal Habeas Corpus, Anne R. Traum

Scholarly Works

This Article examines an important unsettled question in federal habeas law: whether equitable tolling is available under the statute of limitations applicable to federal habeas petitions filed by state prisoners. The answer to this question will determine access to federal judicial review of thousands of prisoners’ claims that their convictions resulted from violations of their federal constitutional rights in state courts. In twelve cases reviewing the statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), the Supreme Court has curtailed the availability of statutory tolling of the limitations period. Equitable tolling of the statute of …