Criminal Law Commons^™

Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

Part I of the essay reviews the work of activists and scholars who make the case that coercion is central to domestic violence, but notes that these scholars' conceptions of coercion are diverse. Part II describes the justice system's current responses to the impact of coercion on a victim's decision to drop a criminal or civil case. Part III exposes a number of challenges inherent in measuring the impact of a batterer's influence on a domestic violence victim's decision. Part IV describes the conceptual limitations of current judicial guidelines, and argues for a more nuanced conceptualization of coercion that accounts …

Death Is Not Different: The Transfer Of Juvenile Offenders To Adult Criminal Courts, Christopher A. Mallett

Social Work Faculty Publications

The US Supreme Court first reviewed a state's statutory procedure for juvenile transfer to adult criminal courts in Kent v. US 1 Morris Kent was a fourteen-year-old first convicted for purse snatching and house-breaking, placed on probation, and later charged at the age of sixteen with robbery and rape. 2 Kent was arrested, presumably admitted to involvement in these crimes after seven hours of interrogation, and placed in a receiving home for one week.

The Expressive Value Of Prosecuting And Punishing Terrorists: Hamdan, The Geneva Conventions, And International Criminal Law, Mark A. Drumbl

Scholarly Articles

In Hamdan v. Rumsfeld, the United States Supreme Court ruled that the military commissions that had been proposed by the Executive to prosecute a small number of detainees captured in the 'war on terror' could not proceed. In response to the Hamdan decision, Congress enacted a new military commission structure in the 2006 Military Commissions Act (MCA), which President Bush signed on October 17, 2006. The MCA establishes military commissions for aliens classified as unlawful enemy combatants. It lists the crimes chargeable by such commissions. The MCA also amends domestic legislation - for example, the War Crimes Act - initially …

Prosecutor V. Thomas Lubanga Dyilo. Décision Sur La Confirmation Des Charges. Case No. Icc-01/04-01/06, Mark A. Drumbl

Scholarly Articles

On January 29, 2007, in Prosecutor v. Lubanga Dyilo, Pre-trial Chamber I of the International Criminal Court (ICC) confirmed war crimes charges against Lubanga for conscripting, enlisting, and using children under the age of fifteen in a rebel force under his command.

In sum, Pre-trial Chamber I held that there was sufficient evidence to support the charges on the theory of Lubanga's individual criminal responsibility. On March 6, 2007, in accordance with Rome Statute Article 67(11),the presidency constituted Trial Chamber I, which will try Lubangaand pronounce on his guilt or innocence, which must be established beyond reasonable doubt.On June …

Wiretapping And Eavesdropping: Surveillance In The Internet Age, 3rd Ed., Anne T. Mckenna, Clifford S. Fishman

Books

The third edition of the seminal “Fishman & McKenna” Wiretapping treatise analyzes federal and state law and the rapidly evolving civil and criminal legal issues and privacy issues surrounding the Internet, computers, cellular devices, electronic location tracking, drones, and biometrics. Since its publication, this treatise has been cited in multiple published federal and state judicial opinions, including by the United States Court of Appeals for the Seventh Circuit in August 2010 and the United States Court of Appeals for the Fifth Circuit in August 2014. The third edition is a well-known resource for attorneys working in private practice and in …

Juries And Children’S Testimony, Cynthia J. Najdowski, Bette L. Bottoms

Psychology Faculty Scholarship

No abstract provided.

Restorative Justice: How Law Schools Can Help Heal Their Communities, Rachel King

Fordham Urban Law Journal

This Essay argues that the justice system should establish a parallel system, using restorative justice, designed to "heal" those individuals affected by crime, but who are not the victim, i.e. the victim's family. Additionally, the author proposes that law schools should help develop this parallel system.

Chimeras: Double The Dna - Double The Fun For Crime Scene Investigators, Prosecutors, And Defense Attorneys?, Catherine Arcabascio

Faculty Scholarship

This article first explores the mythological origins of the term "chimera." It then explores the causes and scientific explanations of chimerism and the various conditions covered by the term chimera in the area of genetics. Although this article will discuss the various chimeric conditions that are thought to exist, its primary focus is on chimerism that is the result of the fusing of embryos in utero. Next, the article will discuss recent cases of chimerism - and of alleged chimerism - and how the genetic differences between chimeras and the general population came to light. It also will discuss …

Updates From The International Criminal Courts, Elizabeth J. Rushing, Rebecca Musarra, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.

Letter From The Editor, Laurita M. Denny

American University Criminal Law Brief

No abstract provided.

Editorial:The Death Penalty: An Endangered Species Worthy Of Extinction, Rita Montoya

American University Criminal Law Brief

No abstract provided.

Have We Abandoned The Innocent?Society’S Debt To The Wrongly Convicted, Meggan Smith

American University Criminal Law Brief

No abstract provided.

Bruno Or Richard Hauptmann: Representations Of Aconviction In The Lindbergh Kidnapping Case, Rita Mitchell

American University Criminal Law Brief

No abstract provided.

Executive Clemency: The Lethal Absence Of Hope, Jonathan Harris, Lothlórien Redmond

American University Criminal Law Brief

No abstract provided.

The Immigration Consequences Of Criminal Conduct, Nelson A. Vargas-Padilla

American University Criminal Law Brief

No abstract provided.

Book Review: If I Did It By Oj Simpsonif He Did It, Would It Matter?, Kimberly Nguyen

American University Criminal Law Brief

No abstract provided.

Supreme Court Watch: Recent Decisions And Upcoming Criminalcases For The 2007-2008 Docket, Jedidiah Sorokin-Altmann

American University Criminal Law Brief

No abstract provided.

The “Exceptionally Troubling” Murder Conviction Of Jose Garcia, Matthew Bosher

American University Criminal Law Brief

No abstract provided.

A Discussion Of “The American Prosecutor: Power Discretion Andaccountability”, Vanessa Martin

American University Criminal Law Brief

No abstract provided.

Editorial:State V. Defendant V. Victim: The Potential Problem When Victimsenter An Appearance In Criminal Cases, Kendra Mullin

American University Criminal Law Brief

No abstract provided.

Now Performing In A Courtroom Near You: The Elderlyeyewitness! To Believe Or Not To Believe That Is The Question, John W. Clark Iii, Roger Enriquez

American University Criminal Law Brief

No abstract provided.

Unveiling Informant Testimony: Theunconstitutionality Of The Jencks Act, Stephen C. Leckar

American University Criminal Law Brief

No abstract provided.

Legislative Updates

The Modern American

No abstract provided.

Who Is Entitled To Survivor Benefits From Erisa Plans?, 40 J. Marshall L. Rev. 919 (2007), Albert Feuer

UIC Law Review

No abstract provided.

Curing The Bop Plague With Booker: Addressing Inadequate Medical Treatment In The Bureau Of Prisons, 41 J. Marshall L. Rev. 219 (2007), Natalie Hinton

UIC Law Review

No abstract provided.

Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper

UIC Law Review

No abstract provided.

Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave

Michigan Journal of Gender & Law

This Essay describes the history of the querela in Italy and explores the controversy surrounding the decision to maintain this institution. In addition, this Essay questions the degree to which the querela can protect victim agency when the attitudes of judges and lawyers in the Italian criminal justice system reflect persistent rape myths.

Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.

The Danger Of Future Dangerousness In Death Penalty Use, Brian Sites

Faculty Scholarship

In spite of thousands of years of science, humankind is distinctly unable to predict the future. And yet, the judicial system is called upon to do just so daily. In bail considerations, judges predict flight risk. In parole hearings, officials contemplate the likelihood of reoffense. And in three states, a defendant convicted of a capital crime will live or die based on what a judge and jury thinks he will do in an unknown future. It has been observed that “what separates the executioner from the murderer is the legal process by which the state ascertains and condemns those guilty …