Criminal Law Commons^™

Summary Of Hill V. State, 124 Nev., Advance 52, Meredith Holmes

Nevada Supreme Court Summaries

Defendant-Appellant argued that the district court improperly denied his motion to dismiss the grand jury indictment and pretrial petition for writ of habeas corpus based on the State’s failure to report grand jury bias.

Summary Of Browning V. State Of Nevada, 124 Nev. Adv. Op. Citation 50, Philip Erwin

Nevada Supreme Court Summaries

This is an appeal from a sentence of death after remand for a new penalty hearing.

Summary Of State V. Dist. Ct. (Pullin), 124 Nev. Adv. Op. No. 54, Katie Maw

Nevada Supreme Court Summaries

This case came to the Court on a petition for a writ of mandamus challenging a district court’s order sentencing the real party in interest pursuant to NRS 193.165 amendments, which were made affective after the crimes in question were committed.

Petition For Rehearing, Kennedy V. Louisiana, No. 07-343 (U.S. July 21, 2008), Viet D. Dinh, Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Consent To Harm, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

This article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).

Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.

One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and …

The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii's experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.

The Article begins with a general and historical overview of the grand jury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy rationales underlying the need for grand jury autonomy; Part V recommends the implementation …

People V. Coughlin And Criticisms Of The Criminal Jury In Late Nineteenth-Century Chicago, Elizabeth Dale

UF Law Faculty Publications

The last decades of the nineteenth century and the first decades of the twentieth century are typically characterized as the era in which the criminal jury trial came to an end. Although criminal juries did not completely disappear, their role became smaller and smaller across that time frame. Most studies of this phenomenon attribute that decline to the rise of plea bargains in that same period. Specifically, these studies lead to the conclusion that institutional factors, such as case loads and the political pressure on elected prosecutors to be "tough on crime," made plea bargains an increasingly attractive option for …

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.

Jesting Pilate, Carl E. Schneider

Articles

I have two goals this month. First, to examine a case that's in the news. Second, to counsel skepticism in reading news accounts of cases. Recently, I was talking with an admirable scholar. He said that transplant surgeons sometimes kill potential donors to obtain their organs efficiently. He added, "This isn't just an urban legend - there's a real case in California." A little research turned up California v. Roozrokh. A little Googling found stories from several reputable news sources. Their headlines indeed intimated that a transplant surgeon had tried to kill a patient to get transplantable organs. CNN.com: …

Crime, Legitimacy, And Testilying, I. Bennett Capers

Indiana Law Journal

No abstract provided.

State Intentions And The Law Of Punishment, Alice Ristroph

Faculty Scholarship

No abstract provided.

"The Mother Of All Balancing Tests": State V. Ariegwe And Montana's Revised Speedy Trial Analysis, Myles Braccio, Jessie Lundberg

Montana Law Review

Right to Speedy Trial

Securities Fraud, Recidivism, And Deterrence, Jayne W. Barnard

Faculty Publications

Legal scholars have expended considerable energy on the study of high-level securities fraud violators-Ken Lay, Bernie Ebbers, Dennis Kozlowski, etc. There has been little attention, however, to the perpetrators of "retail" securities fraud-the con artists who sell bogus stock over the Internet, orchestrate elaborate pump-and-dump schemes, and create a never-ending array of purportedly "risk free" investment opportunities. Collectively, and in a cruel mockery of capitalism, these offenders extract hundreds of millions dollars from investors each year. In this article, Professor Barnard examines this group of offenders, focusing particularly on those who recidivate-often moving from state to state and scheme to …

Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher

Faculty Scholarship

This article traces the impact of the new scientific learning upon police eyewitness identification procedures in the Commonwealth of Massachusetts. Over the past 25 years, experimental psychologists have devised more reliable techniques for gathering eyewitness identification evidence than have been traditionally used by police. Massachusetts has over 350 autonomous municipal police departments, plus approximately 39 college campus police departments, the state police, and the MBTA (transit) Police Department. The decision how to investigate crime rests principally with the police chief responsible for each department. How does such a system of policing absorb new, scientifically superior methods of investigation?

Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz

Articles

The article advocates for reclassifying immigration removal proceedings, distinguishing between exclusion and expulsion. It argues that while exclusion should remain a civil process, expulsion, particularly for lawful permanent residents, should be treated as a criminal matter due to its punitive nature and severe consequences. This bifurcated approach aims to align legal procedures with the reality of the impact on individuals and ensure constitutional protections.

California Commission On The Fair Administration Of Justice Final Report, California Commission On The Fair Administration Of Justice

Northern California Innocence Project Publications

The California Commission on the Fair Administration of Justice was created by the California State Senate in 2004 to “study and review the administration of criminal justice in California, to determine the extent to which that process has failed in the past” and to examine safeguards and improvements. The Commission completed its work on June 30, 2008 in Sacramento by delivering a report on the fair administration of the death penalty in California to the Legislature and the Governor.

Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas

NULR Online

No abstract provided.

The Brits Do It Better, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Summary Of Diomampo V. State Of Nevada, 124 Nev. Adv. Op. No. 41, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon jury verdict, of one count of mid-level trafficking in a controlled substance.

Summary Of Haney V. State Of Nevada, 124 Nev. Adv. Op. No. 40, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s motion to correct an illegal sentence.

``No One Does That Anymore": On Tushnet, Constitutions, And Others, Penelope J. Pether

Working Paper Series

In this contribution to the Quinnipiac Law Review’s annual symposium edition, this year devoted to the work of Mark Tushnet, I read his antijuridification scholarship “against the grain,” concluding both that Tushnet’s later scholarship is neo-Realist rather than critical in its orientation, and that both his early scholarship on slavery and his post-9/11 constitutional work reveal an ambivalence about the claim that we learn from history to circumscribe our excesses, which anchors his popular constitutionalist rhetoric.

The likeness of Tushnet’s scholarship to the work of the Realists lies in this: while the Realists’ search for a science that would satisfy …

Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee

American University Law Review

No abstract provided.

Reforming Fourth Amendment Privacy Doctrine, Jim Harper

American University Law Review

No abstract provided.

Victims And The Significance Of Causing Harm, Guyora Binder

Pace Law Review

No abstract provided.

Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez

Pace Law Review

No abstract provided.

Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez

Pace Law Review

No abstract provided.

Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell L. Christopher

Pace Law Review

No abstract provided.

The Ideal Victim, Leo Zaibert

Pace Law Review

No abstract provided.

Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa

Pace Law Review

No abstract provided.

Consent To Harm, Vera Bergelson

Pace Law Review

No abstract provided.