Criminal Law Commons^™

The Development Of International Aiding Or Abetting Jurisprudence Since World War Two Specifically Addressing The Argument That High-Up Government Officials May Be Held Guilty For Aiding Or Abetting Crimes By Omission, So Long As Such Omission Satisfies The Basic Elements Of Aiding Or Abetting., Zachary David Gilliland

War Crimes Memoranda

No abstract provided.

The Status Of The Crime Of Genocide, In Cambodia And Under Customary International Law, In 1975 Specifically Addressing Whether Or Not Genocide Was A Crime In Cambodia In 1975 And Whether Or Not It Was A Crime Under Customary International Law. Also, Whether The Language Differences Between Article 4 Of The Eccc Statute And The Convention On The Prevention And Punishment Of The Crime Of Genocide Could Have Consequences On Prosecutions Before The Eccc., Lynn Greening

War Crimes Memoranda

No abstract provided.

Under The Doctrines Of Joint Criminal Enterprise And Command Responsibility, What Is Deputy Secretary Nuon Chea’S Potential Criminal Liability For Ordering And Failing To Prevent, Halt, And Punish Violations Of International Humanitarian Law?, Megan Mccarthy

War Crimes Memoranda

No abstract provided.

Mere Thieves, Robert Steinbuch

Maryland Law Review

No abstract provided.

Telling Differences: Observational Equivalence, Externalities, And Wrongful Convictions, Manuel A. Utset

Scholarly Publications

We must begin with the mistake and transform it into what is true. That is, we must uncover the sources of error; otherwise hearing what is true won’t help us. It cannot penetrate when something is taking its place. To convince someone of what is true, it is not enough to state it; we must find the road from error to truth.

Ludwig Wittgenstein, Remarks on Frazier's Golden Bough 1e (Rush Rhees ed., A.C. Miles trans., 1979 (emphasis in original).

The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons

Journal of Criminal Law and Criminology

No abstract provided.

International Jurisprudence On Impeachment Of A Witness Specifically Addressing The Procedure For Impeachment Of A Witness Of The Court, Aanchal Soni

War Crimes Memoranda

No abstract provided.

Were The Offenses Described In Article 5 Of The Eccc Statute Part Of The Customary International Law In 1975? And What Is The Evidentiary Threshold Of The Discriminatory Intent For Crimes Against Humanity Described In The Chapeau Of Article 5 Of The Eccc Statute?, Geoffrey M. Dureska

War Crimes Memoranda

No abstract provided.

Predicting Public Opinion About Juvenile Waivers, I-Fang Jan, Jeremy Ball, Anthony Walsh

Criminal Justice Faculty Publications and Presentations

The accountability movement of the juvenile justice system in the late 1980s and early 1990s encouraged more punitive practices by juvenile justice professionals. Public opinion was strong during this time. The attitudes about the juvenile justice system are a product of individual demographic, cultural, and political characteristics. This study addresses opinions about juvenile waivers–a punitive sanction–examining data from the National Opinion Survey of Crime and Justice in the 1990s (see Flanagan, 1996). This study analyzes attitudes about juvenile waivers, using multivariate quantitative methods. The results indicate a consistent relationship between the perception of the sentencing goals of the juvenile court …

Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

What Is A Business Crime?, Richard A. Booth

Journal of Business & Technology Law

No abstract provided.

No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Adversary System Is Dead: Long Live The Adversary System: The Trial Judge As The Great Equalizer In Criminal Trials, Mary Sue Backus

Faculty Articles

No abstract provided.

Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup

Georgia Law Review

Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors …

Pfo Law Reform, A Crucial First Step Towards Sentencing Sanity In Kentucky, Robert G. Lawson

Law Faculty Scholarly Articles

The purpose of this article is to engage in some analysis and discussion of the part of this sentencing law that cries out loudest for reform (the state's persistent felony offender law), reform that in short order would begin to deflate the population that has our prisons and jails grossly overcrowded. In this analysis and discussion, there is some brief consideration of the justifications used to support repeat offender laws (Part I), a segment on the history and evolution of Kentucky's law (Part II), an examination of a selection of repeat offender laws from other states (Part III), a report …

In Re Gault And The Promise Of Systemic Reform, Kate Kruse

Faculty Scholarship

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …

Tryst Or Terrorists? Financial Institutions And The Search For Bad Guys, Richard K. Gordon

Faculty Publications

Under international standards, financial institutions are required to freeze the accounts of customers identified by government as terrorists or the supporters of terrorism. Financial institutions are also required to monitor client transactions to determine if they suggest terrorism financing. However, financial institutions have been given little guidance as to when a pattern of transactions might suggest terrorism financing. By outsourcing the identification of such patters to financial institutions, governments have abdicated their responsibility and reduced the availability of financial services for clients who fit a popular but inaccurate profile of a terrorist.

Nevada's Comprehensive Theft Statute: Consolidation Or Confusion?, Sherry A. Moore

Nevada Law Journal

No abstract provided.

"All The News That's Fit To Print": The New York Times, "Yellow" Journalism, And The Criminal Trial 1892-1902, Trevor D. Dryer

Nevada Law Journal

No abstract provided.

Duress, Demanding Heroism And Proportionality: The Erdemovic Case And Beyond, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

This Article discusses the Erdemovic case in order toexamine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion. After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as a …

Sentencing High-Loss Corporate Insider Frauds After Booker, Frank O. Bowman Iii

Faculty Publications

The Federal Sentencing Guidelines have for some years prescribed substantial sentences for high-level corporate officials convicted of large frauds. Guidelines sentences for offenders of this type moved higher in 2001 with the passage of the Economic Crime Package amendments to the Guidelines, and higher still in the wake of the Sarbanes-Oxley Act of 2002. Today, any corporate insider convicted of even a moderately high-loss fraud is facing a guideline range measured in decades, or perhaps even mandatory life imprisonment. Successful sentencing advocacy on behalf of such defendants requires convincing the court to impose a sentence outside (in many cases, far …

The Victims Of Victim Participation In International Criminal Proceedings, Charles P. Trumbull Iv

Michigan Journal of International Law

This Article proceeds as follows. Part I discusses the emerging norms regarding victims' rights in international law and the factors that influenced the victim participation scheme in the Rome Statute. Section A focuses on the victims' rights movement in domestic and international law; Section B examines the case law on victim participation from several treaty-based international human rights tribunals; and Section C explains how criticisms of the ICTY and the ICTR resulted in extensive rights for victims in the ICC. Next, Part II explains the statutory framework that governs the victims' role in ICC proceedings. It then discusses the emerging …

Habeas Corpus Law In The Ninth Circuit After Mendoza V. Carey: A New Era?, Jay W. Spencer

Seattle University Law Review

After a brief review in Part II of the current habeas corpus appeals practice following the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA),9 Part III of this Note will examine the factual and procedural history of Mendoza. Next, Part IV will analyze the case's majority and dissenting opinions. Finally, Part V contrasts Mendoza with factually similar cases in other jurisdictions and demonstrates that, even though the Ninth Circuit stands alone, its ruling strikes a proper balance between limiting abuse of the writ and ensuring that it remains available to all inmates who diligently pursue …

Proposed Maryland Jury Instructionon Cross-Racial Identification, David E. Aaronson

American University Criminal Law Brief

No abstract provided.

The Violence Against Women Act:Denying Needed Resources Based On Criminal History, Jaime M. Yarussi

American University Criminal Law Brief

No abstract provided.

Prosecuting Sexual Violence In Correctional Settings:Examining Prosecutors’ Perceptions, Brenda V. Smith, Jaime M. Yarussi

American University Criminal Law Brief

No abstract provided.

The Prison Rape Elimination Act:Implementation And Unresolved Issues Torture, Brenda V. Smith

American University Criminal Law Brief

No abstract provided.

Danforth, Retroactivity, And Federalism, J. Thomas Sullivan

Oklahoma Law Review

No abstract provided.

All For One: A Review Of Victim-Centric Justifications For Criminal Punishment, Adam J. Macleod

Faculty Articles

Disparate understandings of the primary justification for criminal punishment have in recent years divided along new lines. Retributivists and consequentialists have long debated whether a community ought to punish violators of legal norms primarily because the violator has usurped communal standards (the retributivist view), or rather merely as a means toward some end such as rehabilitation or deterrence (the consequentialist view). The competing answers to this question have demarcated for some time the primary boundary in criminal jurisprudential thought.

A new fault line appears to have opened between those who maintain the historical view that criminal punishment promotes the common …

Developments In Connecticut Criminal Law: 2007, Timothy Everett

Faculty Articles and Papers

No abstract provided.