Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 12601 - 12630 of 27900

Full-Text Articles in Criminal Law

Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett Jan 2009

Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett

Scholarly Works

The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …

Go to article

Reconceptualizing Competence: An Appeal, Mae C. Quinn Jan 2009

Reconceptualizing Competence: An Appeal, Mae C. Quinn

Journal Articles

No abstract provided.

Go to article

Calling Your Bluff: How Prosecutors And Defense Attorneys Adapt Pleas Bargaining Strategies To Increased Formalization, Deirdre Bowen Jan 2009

Calling Your Bluff: How Prosecutors And Defense Attorneys Adapt Pleas Bargaining Strategies To Increased Formalization, Deirdre Bowen

Faculty Articles

This ethnographic work examines the inner workings of a highly formalized plea bargaining unit in a large urban prosecutor's office from the lawyers' point of view. Observations of forty-two plea negotiations between prosecutors and defense attorneys along with both formal and informal interviews reveal how the legal actors adapt to institutional rules in the pursuit of both efficiency and justice. In the face of ever increasing prosecutorial power, defense attorneys find ways to equalize the balance when cases do not fit the "normal crimes" model. Examination of negotiating strategy and discourse give further insight into whether prosecutors and defense attorneys …

Go to article

What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning Jan 2009

What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

While scholars have written extensively about the victims’ rights movement in capital and criminal cases, there has been very little discussion about the intersection of victims’ rights and the juvenile justice system. Statutes that allow victims to attend juvenile hearings and present oral and written impact statements have shifted the juvenile court’s priorities and altered the way judges think about young offenders. While judges were once primarily concerned with the best interests of the delinquent child, victims’ rights legislation now requires juvenile courts to balance the rehabilitative needs of the child with other competing interests such as accountability to the …

Go to article

Wrestling With Punishment: The Role Of The Bc Court Of Appeal In The Law Of Sentencing, Benjamin Berger, Gerry Ferguson Jan 2009

Wrestling With Punishment: The Role Of The Bc Court Of Appeal In The Law Of Sentencing, Benjamin Berger, Gerry Ferguson

Articles & Book Chapters

This article, one in a collection of articles on the history and jurisprudential contributions of the British Columbia Court of Appeal on the occasion of its 100th anniversary, looks at the role and the work of the court in the area of sentencing since the court was first given jurisdiction to hear sentence appeals in 1921. In the three broad periods that we canvass, we draw out the sometimes surprising, often unique, and frequently provocative ways in which the BCCA has, over its history, wrestled with the practice of criminal punishment and, with it, the basic assumptions of our system …

Go to article

A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell Jan 2009

A Call To Action: Concrete Proposals For Reducing Widespread Animal Suffering In The United States, Dana M. Campbell

Animal Law Review

No abstract provided.

Go to article

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty Jan 2009

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty

Richmond Public Interest Law Review

This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.

Go to article

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond Jan 2009

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond

Richmond Public Interest Law Review

This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …

Go to article

Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee Jan 2009

Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee

Richmond Public Interest Law Review

Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …

Go to article

Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul T. Crane Jan 2009

Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul T. Crane

Law Faculty Publications

This Article has two main objectives. First, I will analyze the Court's decision in Cramer v. United States. Based on internal court documents, such as draft opinions and private memoranda, it is clear that the Justices had more on their minds than the specific legal question at hand. Second, I will reassess the relationship between Cramer and the lack of treason charges after 1954 and offer an explanation for the disappearance of treason prosecutions until the indictment of Gadahn in 2006. Specifically, I will highlight the significance of a traditionally underappreciated portion of the Cramer decision: the Court's statement that …

Go to article

The Gaelic Goetz: A Case Of Self-Defense In Ireland, Stacy Caplow Jan 2009

The Gaelic Goetz: A Case Of Self-Defense In Ireland, Stacy Caplow

Cardozo Journal of International and Comparative Law

For two years, the name Padraig Nally was a household word in Ireland. Nally killed an intruder on his farm in a rural community by shooting him in the back as he was running away, already injured from a brutal beating. The intruder was a Traveller, a minority group in Ireland that is mistrusted and ostracized. The killing was so far from the paradigmatic self-defense claim that the trial judge refused to instruct the jury on a full justification defense. Indicted for murder, Nally was convicted of manslaughter under a doctrine in Ireland called 'excessive force.' After the appeals court …

Go to article

Can Our Shameful Prisons Be Reformed?, David Cole Jan 2009

Can Our Shameful Prisons Be Reformed?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Go to article

The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett Jan 2009

The Harmful Side Effects Of Drug Prohibition, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Some drugs make people feel good. That is why some people use them. Some of these drugs are alleged to have side effects so destructive that many advise against their use. The same may be said about statutes that attempt to prohibit the manufacture, sale, and use of drugs. Advocating drug prohibition makes some people feel good because they think they are “doing something” about what they believe to be a serious social problem. Others who support these laws are not so altruistically motivated. Employees of law enforcement bureaus and academics who receive government grants to study drug use, for …

Go to article

Defensive Mechanism: A Father's Right To Defend The Unborn, Lawrence Estrada Jan 2009

Defensive Mechanism: A Father's Right To Defend The Unborn, Lawrence Estrada

Cardozo Journal of Equal Rights & Social Justice

The note examines the Michigan Court of Appeals' decision in Kurr, which recognized a father's right to defend his unborn children under the defense of others doctrine, citing Michigan's fetal homicide law. This ruling extends legal protections to fetuses while maintaining exceptions for lawful abortions, reflecting broader shifts in legal and public policy toward fetal protection. The decision highlights the tension between protecting unborn life and preserving women's reproductive rights, emphasizing the narrow application of the defense to avoid undermining abortion rights established by Roe v. Wade.

Go to article

Executing The Death Penalty: International Law Influences On United States Supreme Court Decision-Making In Capital Punishment Cases, Russell G. Murphy Jan 2009

Executing The Death Penalty: International Law Influences On United States Supreme Court Decision-Making In Capital Punishment Cases, Russell G. Murphy

Suffolk University Law School Faculty Works

No abstract provided.

Go to article

Through A Scanner Darkly: The Use Of Fmri As Evidence Of Mens Rea, Teneille Brown, Emily R. Murphy Jan 2009

Through A Scanner Darkly: The Use Of Fmri As Evidence Of Mens Rea, Teneille Brown, Emily R. Murphy

Journal of Law and Health

Tonight we are pleased to host an event exploring fMRI and its legal significance. Although [neuroimaging] is still an emerging technology, it has proven to be very consequential in at least one situation. In September 2008, the New York Times reported that a court in India allowed the use of brain scan images in a criminal case, which ultimately led to the conviction of an Indian woman accused of poisoning her fiance. To this day, the Indian woman maintains her innocence. Hank Greely, a bioethicist at Stanford Law School and a colleague of our speakers, commented on the verdict, [characterizing …

Go to article

"Myspace Mom" Asks Court Not To Stretch Federal Crime Beyond Congress' Intent, William Tasch Jan 2009

"Myspace Mom" Asks Court Not To Stretch Federal Crime Beyond Congress' Intent, William Tasch

Public Interest Law Reporter

No abstract provided.

Go to article

Facing The Compliance Deadline For The Adam Walsh Child Protection And Safety Act, States Are Weighing All The Costs, Liz Winiarski Jan 2009

Facing The Compliance Deadline For The Adam Walsh Child Protection And Safety Act, States Are Weighing All The Costs, Liz Winiarski

Public Interest Law Reporter

No abstract provided.

Go to article

Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud Jan 2009

Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud

Journal Publications

"Equal protection" and "due process of law" are constitutional guarantees tenaciously embraced by all Americans.' While numerous studies focused on how these guarantees play out in the lives of offenders, few sought to examine these guarantees from the standpoint of offenders, particularly those from disadvantaged socio-economic backgrounds. Guaranteed under the Fourteenth Amendment of the U.S. Constitution, the Equal Protection Clause makes clear, in part, that, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due …

Go to article

Deconstructing The Bill Of Rights In Administrative Adjudication--Enfranchising Constitutional Principles In The Process, Shiv Narayan Persaud Jan 2009

Deconstructing The Bill Of Rights In Administrative Adjudication--Enfranchising Constitutional Principles In The Process, Shiv Narayan Persaud

Journal Publications

With the increased tendency toward governmental oversight in modern society, Congress deemed it fit to delegate some of its lawmaking authority to the other branches of government. While this action has effectuated the promulgation of regulations and resolution of disputes through adjudicatory proceedings, the area of administrative law continues to be challenging, especially where it poses concerns regarding an individual’s basic rights. This Article will focus discussion on some fundamental issues relating to the administrative process and explore the ramifications on the individual.

Go to article

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud Jan 2009

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud

Journal Publications

This article seeks to examine the universal principles of Dharma and Karma as inherent principles within our social system. The hope is to bring about a better understanding of their influences and impact on our justice system by focusing the discussion on the utilization of these concepts by Mohandas Karamchand Gandhi and Martin Luther King, Jr. in their struggles for justice and equality in two distinct social realities.

Go to article

Rape, Feminism, And The War On Crime, Aya Gruber Jan 2009

Rape, Feminism, And The War On Crime, Aya Gruber

Publications

Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …

Go to article

Mattress Tags And Pillow Cases, Mary Whisner Jan 2009

Mattress Tags And Pillow Cases, Mary Whisner

Librarians' Articles

A simple question about the origins of the law prohibiting the removal of mattress tags led Ms. Whisner on a whirlwind tour of state and federal law, regulations, and history. In the end she not only found the answer, she also learned a few new lessons about legal research.

Go to article

Terrorist Detention: Directions For Reform, Benjamin Priester Jan 2009

Terrorist Detention: Directions For Reform, Benjamin Priester

Journal Publications

Counterterrorism efforts by the U.S. government since 2001 have produced numerous legal controversies. One of the most controversial subjects has been the detention of individuals allegedly involved with terrorist organizations or activities. Unlike traditional criminal detainees, such persons are not held pursuant to indictment on charges pending trial or to a verdict of conviction. Unlike traditional military detainees, they are not battlefield captives from combat in a war zone against the military forces of another nation. Rather, terrorist detainees are held based on the individual's alleged connections to terrorist organizations and activities, without more. Terrorist detention, so defined, is an …

Go to article

The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill Jan 2009

The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill

Articles & Chapters

The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …

Go to article

Unintended Collateral Consequences: Defining Felony In The Early American Republic , Will Tress Jan 2009

Unintended Collateral Consequences: Defining Felony In The Early American Republic , Will Tress

Cleveland State Law Review

This Article concludes that the new definition of felony adopted in 1829 by the New York revisors reflected their pragmatic approach of choosing a middle path between the common law traditionalists, exemplified by Maryland, and the radical reforms enshrined in Livingston's penal code. Their choice was an expedient one, redefining an outdated term rather than writing it out of the law. Yet underlying their efforts was a belief that punishment was an instrument of moral reformation, a way of returning the convicted felon to the community as a productive citizen. Creating barriers to a convict's reentry into society with continuing …

Go to article

Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman Jan 2009

Foreword: Combating Terrorist Financing, Richard K. Gordon, Christyn Rossman

Faculty Publications

Forward to the Case Western Reserve University School of Law's Institute for Global Security Law and Policy symposium The World Conference on Combating Terrorist Financing, Cleveland, OH, April 10 to 11, 2008

Go to article

International Law And The Torture Memos, Michael P. Scharf Jan 2009

International Law And The Torture Memos, Michael P. Scharf

Faculty Publications

This article explores the influence of international law in the evolution of the Bush Administration's policies toward detainees in the global war on terror. The detainee case study provides a modern lens for evaluating Jack Goldsmith and Eric Posner's hypothesis set forth in THE LIMITS OF INTERNATIONAL LAW that international law exerts no “compliance pull” on American policymakers in times of crisis.

Go to article

An Ounce Of Prevention: Why The Innocence Movement Should Focus On Proscriptive Pre-Conviction Measures Instead Of Abolition Of The Death Penalty, Rhiannon M. Hartman Jan 2009

An Ounce Of Prevention: Why The Innocence Movement Should Focus On Proscriptive Pre-Conviction Measures Instead Of Abolition Of The Death Penalty, Rhiannon M. Hartman

Richmond Journal of Law and the Public Interest

When eyewitnesses identify defendants as perpetrators during criminal trials, juries almost always return a guilty verdict. Unfortunately, researchers consistently find that eyewitness identification is inherently inaccurate and unreliable. The Supreme Court of the United States acknowledged the broad scope of the problem as early as 1967, when it referenced Edwin M. Borchard's famous study of wrongful convictions, stating, "the vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification."' Since Borchard's 1932 study, there has been no remedy for the problem of wrongful conviction based on mistaken identification. In Samuel Gross's study …

Go to article

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond Jan 2009

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond

Richmond Journal of Law and the Public Interest

This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …

Go to article

First Prev Next Last