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Articles 13411 - 13440 of 27903
Full-Text Articles in Criminal Law
The Danger Of Future Dangerousness In Death Penalty Use, Brian Sites
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 …
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Racial Fairness In The Criminal Justice System: The Role Of The Prosecutor, Angela J. Davis
Racial Fairness In The Criminal Justice System: The Role Of The Prosecutor, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
In this article, Davis analyzes discusses efforts to involve prosecutors in the elimination of racial disparities in the criminal justice system. Part II explains how prosecutors unintentionally contribute to disparities through the arbitrary, unsystematic exercise of discretion. Part III argues that the U.S. Supreme Court has failed to provide an effective legal remedy for victims of race-based selective prosecution. Finally, in Part IV, Davis endorses the use of racial impact studies and task forces and discusses a model reform effort spearheaded by the Vera Institute of Justice.
Remarks On Intervention, Juan E. Mendez
Remarks On Intervention, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt
Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt
Maryland Law Review
No abstract provided.
Distinguishing Forced Marriage As A Separate Crime Against Humanity Specifically Addressing The Question As To Whether Jurisprudence Exists To Support The Crime Of Forced Marriage As Separate From Sexual Slavery And If So, How The Elements Of The Two Crimes Differ. In Addition, Whether Forced Marriage Is Unique From Other Enslavement Crimes., Michelle Marie Celli
War Crimes Memoranda
No abstract provided.
Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky
Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky
Journal of Criminal Law and Criminology
No abstract provided.
Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani
Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani
Journal of Criminal Law and Criminology
No abstract provided.
Why The County Jail Is Often A Better Choice, Shawn Chapman Holley
Why The County Jail Is Often A Better Choice, Shawn Chapman Holley
Michigan Law Review First Impressions
I have been a criminal defense lawyer in Los Angeles for almost twenty years. I began my career in the Los Angeles County Public Defender’s Office, representing defendants who were poor and often homeless. For the past twelve years, I have been in private practice, representing defendants who are wealthy and often famous. Having represented criminal defendants coming from such varied economic circumstances, I have witnessed firsthand the criminal justice system’s disparate treatment of those with money and those without. Pay-to-stay jails are yet another example of that disparity. Yet I believe that those without the money to pay for …
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson
Villanova Law Review (1956 - )
No abstract provided.
A Memorandum In Support Of The Brdjanin Decision On Interlocutory Appeal Regarding The Application Of The Theory Of Responsibility Under The Third Category Of Joint Criminal Enterprise Vis-À-Vis The Crime Of Genocide, Michelle Oliver
War Crimes Memoranda
No abstract provided.
Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin
Access To Witnesses In National & International Criminal Courts, Harper Jean Tobin
War Crimes Memoranda
No abstract provided.
Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd
Can A State Party That Has Referred A Situation To The Icc "Withdraw" The Referral?, Patrick G. Dowd
War Crimes Memoranda
No abstract provided.
Discuss The Relationship Between Command Responsibility And Jce3. Address Specifically The Argument That If Jce3 Applies Then Any Acts Of Violence Committed By Service Members Against Civilians (Such As Rape) Will Be War Crimes Because Such Acts Are Foreseeable During War. Also Address Whether The Approach Of Applying Jce3 To War Crimes Dictates That Commanders Will Always Be War Criminals When Pursuing A War., Meredith Wood Bowen
War Crimes Memoranda
No abstract provided.
How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond
How Far Does The Requirement Of Judicial Impartiality Extend? Do The Requirements Of Judicial Impartiality Extended Down To Court Officers And Staff?, Michael Hammond
War Crimes Memoranda
No abstract provided.
In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett
In What Circumstances Can “Consciousness Of Guilt” Be Used As Evidence In International Criminal Law?, Sarah Paulett
War Crimes Memoranda
No abstract provided.
Individual Liability For Those Who Establish Or Control Instruments Of Government Specifically Addressing The Argument To What Extent, And How Far Can Reliance On An Accused’S Participation In The Establishment And/Or Control Of The Instruments Of Government That Spearheaded/Masterminded A Genocide And Other International Crimes, Take The Prosecutor In Establishing The Criminal Culpability Of An Accused?, William Clifford Ferrell
War Crimes Memoranda
No abstract provided.
Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison
Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison
War Crimes Memoranda
No abstract provided.
Prosecuting The Crime Of Destruction Of Cultural Property. Specifically Addressing Whether The 1954 Hague Convention For The Protection Of Cultural Property In The Event Of An Armed Conflict Allows For The Eccc To Prosecute The Crime Of Destruction Of Cultural Property And Determining What Are The Elements Of Such A Crime., Anup Misra
War Crimes Memoranda
No abstract provided.
Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick
Should The International Criminal Court (Icc) Allow Self-Represented Defendants An Absolute Right To Cross- Examine Witnesses?..., Stephanie Unick
War Crimes Memoranda
Should the International Criminal Court (ICC) allow self-represented defendants an absolute right to cross- examine witnesses?... If so, how much leeway should the court allow the defendant to have? Should the ICC refrain from impinging on the defendant’s right or limit the defendant’s ability during cross-examination? Should the ICC allow a represented defendans to follow up his counsel’s cross-examination with more cross examination of his own, as is allowed in the IHT and other civil law countries generally?
The Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte
The Potential Problems Relating To Defendant Competence To Stand Trial And The Proper Means With Which To Address Them, Sarah Schauerte
War Crimes Memoranda
No abstract provided.
The Scope Of Military Necessity, Lydia Bakaki
The Scope Of Military Necessity, Lydia Bakaki
War Crimes Memoranda
No abstract provided.
To What Extent Is There Individual Criminal Responsibility For Violations Of The Vienna Convention On Diplomatic Relations (1961) Under Article 8 And 29 Of The Eccc Law? If Liability Exists, What Are The Elements Of Such Crimes?, Colin Nisbet
War Crimes Memoranda
No abstract provided.
What Is The Evidentiary Threshold Of The Terms “Widespread” And “Systematic” When Proving Crimes Against Humanity In The Cambodian Context?, Samir Hadeed
War Crimes Memoranda
No abstract provided.
What Provisions And Protections Need To Be Put Into Place By The Ictr And The International Community For The Protection Of Those Indicted But Acquitted By The Ictr?, Kelly Schmidt
War Crimes Memoranda
No abstract provided.
Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day
Recruitment Of Child Soldiers, Forced Marriage, And Customary International Law, Margaux J. Day
War Crimes Memoranda
No abstract provided.
Using Criminal Means To Arrive At A Legitimate Purpose: Jce Liability And Notice In Light Of The Prosecutor V. Brima, Kamara And Kanu Judgment, Niki Dasarathy
Using Criminal Means To Arrive At A Legitimate Purpose: Jce Liability And Notice In Light Of The Prosecutor V. Brima, Kamara And Kanu Judgment, Niki Dasarathy
War Crimes Memoranda
No abstract provided.
The Post-Trial Re-Sentencing Of Ramadan: If The Iraqi High Tribunal Deviates From International Standards Regarding Fair Trials, What Are The Potential Legal Obstacles To The Transfer Of Convicted Iraqi High Tribunal Defendants From Us Custody To Iraqi Custody?, Chelan Bliss
War Crimes Memoranda
No abstract provided.
"Murder, Pennsylvania Style": Comparing Traditional American Homicide Law To The Statutes Of Model Penal Code Jurisdictions, David Crump
West Virginia Law Review
No abstract provided.
An Rsvp To Professor Wexler's Warm Therapeutic Jurisprudence Invitation To The Criminal Defense Bar: Unable To Join You, Already (Somewhat Similarly) Engaged, Mae C. Quinn
Journal Articles
This Article responds to Professor David 13. Wexler's recent suggestion that adopting Therapeutic Jurisprudence ("V) principles to create a new type of "rehabilitative" defense lawyer could improve the criminal defense bar. Contrary to the empirical foundation of the therapeutic justice movement, many of his proposed changes seem unsubstantiated. Others, such as calls for creative plea bargaining, are already part of the practice of quality defense attorneys. The "rehabilitative," -Pi defense lawyer may be overly paternalistic, imposing his interpretation of the facts and his standards of appropriate behavior on the accused; such a lawyer also may not comport with express ethical …