Criminal Law Commons^™

The Felony Murder Rule In Illinois: The Injustice Of The Proximate Cause Theory Explored Via Research In Cognitive Psychology, Martin Lijtmaer

Journal of Criminal Law and Criminology

No abstract provided.

Of Vice And Men: A New Approach To Eradicating Sex Trafficking By Reducing Male Demand Through Educational Programs And Abolitionist Legislation, Iris Yen

Journal of Criminal Law and Criminology

No abstract provided.

Foreword: Symposium On Redefining International Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.

Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Journal of Criminal Law and Criminology

No abstract provided.

The New Wars And The Crisis Of Compliance With The Law Of Armed Conflict By Non-State Actors, M. Cherif Bassiouni

Journal of Criminal Law and Criminology

No abstract provided.

From Incitement To Indictment - Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon

Journal of Criminal Law and Criminology

No abstract provided.

State Policy As An Element Of International Crimes, William A. Schabas

Journal of Criminal Law and Criminology

No abstract provided.

The Constitutionality Of The Rome Statute Of The International Criminal Court, David Scheffer, Ashley Cox

Journal of Criminal Law and Criminology

No abstract provided.

Police, Politics, And Culture In A Deeply Divided Society, Badi Hasisi

Journal of Criminal Law and Criminology

No abstract provided.

Hearts On Their Sleeves: Symbolic Displays Of Emotion By Spectators In Criminal Trials, Meghan E. Lind

Journal of Criminal Law and Criminology

No abstract provided.

Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones

Journal of Criminal Law and Criminology

No abstract provided.

Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Prosecution In Sheep's Clothing: The Punitive Effects Of Ofac Freezing Sanctions, Vanessa Ortblad

Journal of Criminal Law and Criminology

No abstract provided.

Pedophiles In Wonderland: Censoring The Sinful In Cyberspace, Gabrielle Russell

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Mens Rea For Sexual Abuse: The Case For Defining The Acceptable Risk, Eric A. Johnson

Journal of Criminal Law and Criminology

No abstract provided.

When Human Experimentation Is Criminal , L. Song Richardson

Journal of Criminal Law and Criminology

No abstract provided.

The Consequences Of Law Enforcement Officials' Failure To Record Custodial Interviews As Required By Law, Thomas P. Sullivan, Andrew W. Vail

Journal of Criminal Law and Criminology

No abstract provided.

Juveniles' Competency To Stand Trial: Wading Through The Rhetoric And The Evidence, Joseph B. Jr. Sanborn

Journal of Criminal Law and Criminology

No abstract provided.

Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny

Journal of Criminal Law and Criminology

No abstract provided.

Child Pornography's Forgotten Victims, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

The goal of this paper is to demonstrate that possession of child pornography is not a victimless crime. It will illustrate the problem and explain the harm suffered by its victims. It will then trace factors that may have contributed to the perception that possession of child pornography is a victimless offense. The first factor is the dual nature of the child pornography laws that addresses both actual and future harm. When this duality is applied to possessors, their link to actual harm appears attenuated because the possessor is not involved in the acts of sexual abuse inherent in producing …

Reconciliation In The Wake Of Tragedy: Cambodia's Extraordinary Chambers Undermines The Cambodian Constitutiton, Tessa V. Capeloto

Washington International Law Journal

Between 1975 and 1979, the Khmer Rouge regime was responsible for approximately 1.7 million deaths caused by deportation, starvation, murder, and torture. In 2001, Cambodia established the Extraordinary Chambers, an internationalized domestic tribunal, or “hybrid court,” to prosecute the perpetrators most responsible for these atrocities. As the Cambodian government’s primary legal response to the Khmer Rouge, the tribunal conflicts with the requirements of Article 52 of the Cambodian Constitution, an article that requires a policy of national reconciliation to ensure national unity. Cultural conceptions of national reconciliation coupled with the legislative history and purpose of the constitution strongly suggest that …

Sex Offender Registration And Community Notification Policy: Past, Present, And Future, Wayne A. Logan

Scholarly Publications

Based on a keynote address delivered in conjunction with the Journal's annual symposium, this paper examines several of the major legal and policy issues associated with sex offender registration and community notification laws. Particular attention is dedicated to the Adam Walsh Act, a federal law enacted in July 2006 that continues efforts by Congress to foster changes in state registration and notification regimes as a result of its Spending Clause authority. In addition to discussing the federalism implications of the AWA, the paper examines several of its most significant provisions, including those calling for empirical assessment of registration and community …

Beyond The Davis Dictum: Reforming Nontestimonial Identification Evidence Rules And Statutes, Jennifer M. Dilalla

University of Colorado Law Review

In the 1970s, Colorado and five other states built on Justice Brennan's famous dictum in Davis v. Mississippi to create "nontestimonial identification evidence" statutes and rules of criminal procedure. These statutes and rules enable police to gather physical evidence such as fingerprints, hair samples, and bodily fluids from individuals reasonably suspected of having committed a felony. While the states followed the Davis dictum in requiring a court order for this evidencegathering, they also followed the dictum's suggestion that nontestimonial identification procedures might be constitutionally acceptable even in the absence of probable cause to arrest. Thus, although they provide the states …

A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya

Scholarly Works

This policy brief is intended to serve as a resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country.

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse

Scholarly Works

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 …

The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Scholarly Works

This Article offers a critique of Nevada's Harnisch cases and calls for the Nevada Supreme Court to reconsider its ruling. The authors begin by examining the historical development of the automobile exception, beginning with Carroll v. United States. There the Supreme Court reasoned that both probable cause and the exigency of the mobility of automobiles justified a search without a warrant. But almost seventy-five years later, in Maryland v. Dyson, the Court clarified its conclusion that the automobile exception has no separate exigency requirement. In turn, the authors will then examine Nevada's application of the automobile exception prior to 1998's …

Fixing The Fatal Flaws In Oui Implied Consent Laws, Tina Wescott Cafaro

Faculty Scholarship

This Article explores the use of implied consent laws as a method of deterring and punishing alcohol-impaired driving. Part I introduces the history and purpose of implied consent laws. Part II discusses the inadequacies of current statutory implied consent provisions and their failure to effectively attain their designed purpose. This section also highlights two particularly detrimental aspects of the law as currently implemented: (1) the lack of uniformity in the application of the laws by individual states; and (2) the disparate treatment of persons who refuse to submit to BAC testing, both in terms of consequences of refusal to submit …

The Doj Risks Killing The Golden Goose Through Computer Associates/Singleton Theories Of Obstruction, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The DOJ, through its corporate criminal charging policy, puts a premium on corporate cooperation with prosecutors. The "partnership" that the DOJ's cooperation policy demands of corporations is extremely valuable. But the DOJ threatens to kill its own golden goose by bringing a spate of high-profile prosecutions of corporate executives (Sanjay Kumar, Stephen Richards, and Greg Singleton) for obstruction of an "official proceeding" premised on their lies to the corporation's own counsel.

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.