Criminal Law Commons^™

Compelled Cooperation And The New Corporate Criminal Procedure, Lisa Kern Griffin

Faculty Scholarship

In response to the broad scope of the Enron-era frauds, the federal government has adopted novel strategies to investigate and prosecute corporate crimes. This Article examines the use of stringent cooperation requirements and deferred prosecution agreements, pursuant to which corporate internal investigations have become extensions of government enforcement efforts. At the same time, liability has shifted markedly to the employee level: Over one thousand individuals have been indicted and convicted since the July 2002 creation of the Corporate Fraud Task Force, while few corporations have been charged. The convergence of corporate cooperation doctrine with the focus on individual targets results …

Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell

Faculty Scholarship

Present sentencing law in criminal cases of financial reporting fraud is embarrassingly flawed. The problem is urgent given that courts are now regularly sentencing corporate offenders, sometimes (but sometimes not) to extremely punitive terms of imprisonment. Policing of fraud by multiple jurisdictions in a federal system means that principled sentencing law is necessary not only for first-order policy reasons but also for coordination of sanctioning efforts. Proportionality and rationality demand that sentencing law have an agreed scale for measuring cases of financial reporting fraud in relation to each other, a sound methodology for fixing a given case on that scale, …

Purposes And Effects In Criminal Law, Samuel W. Buell

Faculty Scholarship

This brief comment, published in the Virginia Law Review's online companion, responds to Richard Bierschbach's and Alex Stein's article, Mediating Rules in Criminal Law.

Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller

Faculty Scholarship

No abstract provided.

Bytes, Balco, And Barry Bonds: An Exploration Of The Law Concerning The Search And Seizure Of Computer Files And An Analysis Of The Ninth Circuit's Decision In United States V. Comprehensive Drug Testing, Inc., Derek Regensburger

Journal of Criminal Law and Criminology

No abstract provided.

Gonzales V. Oregon And The Future Of Agency-Made Criminal Law, Trevor Stiles

Journal of Criminal Law and Criminology

No abstract provided.

Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero

Journal of Criminal Law and Criminology

No abstract provided.

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome

Faculty Scholarly Works

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …

Re-Evaluating The Theoretical Basis And Methodology Of International Criminal Trials, Dermot Groome

Faculty Scholarly Works

No abstract provided.

Why 2007 Is Not Like 1984: A Broader Perspective On Technology's Effect On Privacy And Fourth Amendment Jurisprudence, Ric Simmons

Journal of Criminal Law and Criminology

No abstract provided.

Developments In Connecticut Criminal Law: 2006, Timothy Everett

Faculty Articles and Papers

No abstract provided.

The Sad, Sad Story Of Lula Viers, Richard H. Underwood, Sharon Ray

Law Faculty Scholarly Articles

In this article, Professor Richard H. Underwood explores the murder ballad entitled Lula Viers. Lula Viers was from the Appalachia region of Kentucky.

Balancing Lives: Individual Accountability And The Death Penalty As Punishment For Genocide (Lessons From Rwanda), Melynda J. Price

Law Faculty Scholarly Articles

The purpose of this Article is not to answer the question of whether the death penalty is an appropriate punishment for genocide. One could safely argue that there is an emerging norm in international law against the death penalty, but individual countries have maintained their right to use the death penalty and continue to do so in code and in practice. This Article, using Rwanda as a case study, evaluates the real outcomes of such discrepancies in punishment at the domestic and international level, and the ability of both approaches to bring justice to the victims of genocide. Both domestic …

Delimiting The Culture Defense, James M. Donovan, John Stuart Garth

Law Faculty Scholarly Articles

This essay builds upon the arguments of Alison Dundes Renteln in her influential book, The Cultural Defense (2004), in which she argues persuasively for a uniformly recognized culture defense in certain litigations. Critiquing some of her details, we recast her three-prong culture defense test to more effectively balance the competing interests of minority culture members to have their ways of life taken seriously by the courts, and of members of the dominant tradition who wish to preserve the rule of law with its necessary perception as treating all parties equally. The offered formulation now includes the following five elements:

1. …

The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof, Talia Fisher

Journal of Criminal Law and Criminology

No abstract provided.

Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley

Journal of Criminal Law and Criminology

No abstract provided.

The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman

Journal of Criminal Law and Criminology

No abstract provided.

Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell

Journal of Criminal Law and Criminology

No abstract provided.

Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Procedure In Perspective, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.

Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin

Journal of Criminal Law and Criminology

No abstract provided.

The Fight For Post-Conviction Dna Testing Is Not Yet Over: An Analysis Of The Eight Remaining Holdout States And Suggestions For Strategies To Bring Vital Relief To The Wrongfully Convicted, Rachel Steinback

Journal of Criminal Law and Criminology

No abstract provided.

Symposium: Technical Change And The Evolution Of Criminal Law: Foreword

Journal of Criminal Law and Criminology

No abstract provided.

At Light Speed: Attribution And Response To Cybercrime/Terrorism/Warfare, Susan W. Brenner

Journal of Criminal Law and Criminology

No abstract provided.

Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski

Journal of Criminal Law and Criminology

No abstract provided.

Virtual Neighborhood Watch: Open Source Software And Community Policing Against Cybercrime , Benjamin R. Jones

Journal of Criminal Law and Criminology

No abstract provided.

Playing By All The Rules: How To Define And Provide A Prior Opportunity For Cross-Examination In Child Sexual Abuse Cases After Crawford V. Washington, Prudence Beidler Carr

Journal of Criminal Law and Criminology

No abstract provided.