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Articles 13831 - 13860 of 27908

Full-Text Articles in Criminal Law

Multicultural Perspectives On Delinquency Etiology And Intervention, Richard E. Redding, Bruce Arrigo Mar 2006

Multicultural Perspectives On Delinquency Etiology And Intervention, Richard E. Redding, Bruce Arrigo

Working Paper Series

In this chapter, we consider the possible reasons for the overrepresentation of African-American youth in the juvenile and criminal justice systems. We review research on discrimination in the justice system and possible differences between African American and White youth in the key risk factors for delinquency that exist at the individual, family, and peer-group and neighborhood levels. Based on these findings, we provide recommendations for treatments and interventions aimed at preventing and reducing offending and justice system involvement among African-American youth.

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Death Penalty Law, Holly Geerdes, Nikki Cox Mar 2006

Death Penalty Law, Holly Geerdes, Nikki Cox

Mercer Law Review

This Article surveys fifteen death penalty decisions of the United States Supreme Court from June 1, 2004 through June 20, 2005. It was written as a companion to Death Penalty Law, a survey of death penalty decisions of the Georgia Supreme Court from June 1, 2004 through May 31, 2005. Focusing on the Court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not concern holdings in capital cases that are common to other criminal appeals.

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Minor Discrepancies: Forging A Common Understanding Of Adolescent Competence In Healthcare Decision-Making And Criminal Responsibility, Kimberly M. Mutcherson Mar 2006

Minor Discrepancies: Forging A Common Understanding Of Adolescent Competence In Healthcare Decision-Making And Criminal Responsibility, Kimberly M. Mutcherson

Nevada Law Journal

No abstract provided.

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On Morality And The Law: Truth, Justice And The American Way, Daniel M. Abuhoff Mar 2006

On Morality And The Law: Truth, Justice And The American Way, Daniel M. Abuhoff

Cardozo Public Law, Policy & Ethics Journal

The article argues that the legal system should not be based on morality but rather on rules designed to protect individual freedoms and ensure fairness. It critiques Thane Rosenbaum's view that the legal system should prioritize morality, asserting that such an approach could lead to the imposition of a single moral code, undermining diversity and leading to potential inconsistencies and biases.

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Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs Mar 2006

Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs

UF Law Faculty Publications

Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …

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Partial Ban On Plea Bargains, Oren Gazal-Ayal Mar 2006

Partial Ban On Plea Bargains, Oren Gazal-Ayal

Cardozo Law Review

The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he chooses to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that both supporters and opponents …

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Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith Mar 2006

Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith

Nevada Law Journal

No abstract provided.

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Empire State Injustice: Based Upon A Decade Of New Information, A Preliminary Evaluation Of How New York's Death Penalty System Fails To Meet Standards For Accuracy And Fairness, Sara Darehshori, Jeffrey L. Kirchmeier, Colleen Quinn Brady, Evan Mandery Mar 2006

Empire State Injustice: Based Upon A Decade Of New Information, A Preliminary Evaluation Of How New York's Death Penalty System Fails To Meet Standards For Accuracy And Fairness, Sara Darehshori, Jeffrey L. Kirchmeier, Colleen Quinn Brady, Evan Mandery

Cardozo Public Law, Policy & Ethics Journal

The article argues that New York's death penalty system requires significant reforms to address systemic flaws, particularly the risk of wrongful convictions and arbitrary sentencing. It emphasizes the need for the legislature to reexamine and revise the capital punishment framework in light of post-1995 research and recommendations from other states, such as Illinois and Massachusetts. The analysis highlights the importance of narrowing eligibility factors, improving procedural safeguards, and ensuring judicial discretion to prevent unjust outcomes.

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The Impact Of Joinder And Severance On Federal Criminal Cases: An Empirical Study, Andrew D. Leipold, Hossein A. Abbasi Mar 2006

The Impact Of Joinder And Severance On Federal Criminal Cases: An Empirical Study, Andrew D. Leipold, Hossein A. Abbasi

Vanderbilt Law Review

Dave is in trouble. It was bad enough to be arrested for bank robbery; now he has learned that the prosecutor plans to join the current charge with three other, unrelated bank robberies and present all four counts in a single trial. To his priest and to his lawyer, Dave admits that he committed the first and the second robberies, but he did not commit the third or fourth. Dave is smart enough to realize, however, that once the jury starts hearing evidence of some of the crimes-all of which will sound quite similar-his ability to cast doubt on the …

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Habeas Corpus And Baseball, Donald E. Wilkes Jr. Mar 2006

Habeas Corpus And Baseball, Donald E. Wilkes Jr.

Scholarly Works

In the late 19th and early 20th centuries playing baseball on Sundays was a criminal offense in many states, where police often aggressively intervened to prevent or stop baseball games from being played on the Sabbath. In 1894, “the police of the city of Brooklyn took it upon themselves to chase, club and lock up all boys and men found playing ball on Sunday,” People ex rel. Poole v. Hesterberg, 43 Misc. 510, 89 N.Y.S. 498, 499 (N.Y. Sup. Ct. Kings County 1904); on two consecutive Sundays in July 1910, two professional baseball teams attempting to play in Chemung County, …

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John Paul Stevens, Human Rights Judge, Diane Marie Amann Mar 2006

John Paul Stevens, Human Rights Judge, Diane Marie Amann

Scholarly Works

This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the extent to which constitutional protections reach beyond the water's edge and 2004 opinions on post-September 11 detention. It then turns to mid-century experiences that appear to have contributed to Stevens' willingness to consult foreign context. The article reveals that as a code breaker Stevens played a role in the downing of the Japanese general …

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Refugee Security And The Organizational Logic Of Legal Mandates, Mariano-Florentino Cuellar Feb 2006

Refugee Security And The Organizational Logic Of Legal Mandates, Mariano-Florentino Cuellar

ExpressO

While the refugee protection system is one of international law’s most recognizable features, it routinely places massive numbers of refugees in camps in the developing world, where they face chronic threats to their physical security from crime and disorder, coercion, and military attacks. Yet key actors responsible for refugee protection, including host states, advanced industrialized countries, and the United Nations High Commissioner for Refugees (UNHCR), generally have failed to prioritize refugee security. This article asks: (1) Why? (2) What have been the consequences? (3) And what do these answers reveal about how organizations carry out legal mandates in complicated political …

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Rethinking Overcriminalization, Darryl K. Brown Feb 2006

Rethinking Overcriminalization, Darryl K. Brown

ExpressO

If there is one thing American criminal law scholars agree on, it is that our justice system suffers from overcriminalization. Our codes criminalize too much conduct; outdated offenses remain too long on the books, and legislatures cannot resist adding new crimes and harsher punishments. This is so because criminal law is a distinctive issue for legislative debate and for democratic politics generally. Few lobby against crime creation; legislators respond to strong majoritarian preferences that make votes against crime creation—or votes to repeal antiquated crimes—politically implausible. Thus criminal law is “one-way ratchet”: it expands but doesn’t contract. On this account, criminal …

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Summary Of Herman V. State, 122 Nev. Adv. Op. 17, Michael Pandullo Feb 2006

Summary Of Herman V. State, 122 Nev. Adv. Op. 17, Michael Pandullo

Nevada Supreme Court Summaries

In this case, the Court considered two issues: (1) whether DNA evidence voluntarily submitted to a public facility to absolve a defendant of a crime may be used in an unrelated criminal prosecution, and (2) whether reading a presentence report to a jury during the sentencing phase is error when the report cannot be made part of the public record.

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Summary Of State V. Sargent, 122 Nev. Adv. Op. 18, Michael Pandullo Feb 2006

Summary Of State V. Sargent, 122 Nev. Adv. Op. 18, Michael Pandullo

Nevada Supreme Court Summaries

The Court decided whether justice courts have jurisdiction to order a defendant to personally appear at a preliminary hearing when the defendant has filed a waiver of personal appearance and counsel has appeared on his behalf.

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The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs Feb 2006

The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs

ExpressO

This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.

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Is Capital Punishment Immoral Even If It Does Deter Murder?, Thomas Kleven Feb 2006

Is Capital Punishment Immoral Even If It Does Deter Murder?, Thomas Kleven

ExpressO

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …

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Misplaced Angst---Another Look At Consent-Search Jurisprudence, Daniel R. Williams Feb 2006

Misplaced Angst---Another Look At Consent-Search Jurisprudence, Daniel R. Williams

ExpressO

Conventional scholarship misunderstands the judicial invocation of voluntariness when evaluating a purported consensual search. The key is to nail down more precisely what we mean by the term, consent. Most commentators mistakenly entwine consent and waiver, wrongly treating the act of consenting (to a search, to questioning, etc.) as an instance where the actor is waiving a constitutional right. That conceptual error promotes the view that consent refers to a subjective condition, a psychological state, which, in turn, spurs the expectation that voluntariness refers to a person's inner experience. On this view of consent, the person's inner experience is what …

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Dangerousness And Expertise Redux, Christopher Slobogin Feb 2006

Dangerousness And Expertise Redux, Christopher Slobogin

ExpressO

Civil commitment, confinement under sexual predator laws, and many capital and noncapital sentences depend upon proof of a propensity toward violence. This article discusses the current state of prediction science, in particular the advantages and disadvantages of clinical and actuarial prediction, and then analyzes how the rules of evidence should be interpreted in deciding whether opinions about propensity should be admissible. It concludes that dangerousness predictions that are not based on empirically-derived probability estimates should be excluded from the courtroom unless the defense decides otherwise. This conclusion is not bottomed on the usual concern courts and commentators raise about expert …

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Necessity, Torture And Existential Politics, Christopher Kutz Feb 2006

Necessity, Torture And Existential Politics, Christopher Kutz

ExpressO

This paper takes up the political theory sketched by the Office of Legal Counsel memorandum of August 1, 2002. That memorandum proposed a theory of executive emergency powers, including the power to use torturous interrogation techniques otherwise barred by domestic and international law. According to the memorandum, both the power to deploy torture and other forms of coercive interrogation, and the general freedom of the executive to direct policy in times of war, are grounded in a justification of necessity. The central aim of my paper is to explore the force and limits of necessity claims in moral and political …

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The Suffocation Of Free Speech Under The Gravity Of Danger Of Terrorism, Tim Davis Feb 2006

The Suffocation Of Free Speech Under The Gravity Of Danger Of Terrorism, Tim Davis

ExpressO

On July 14, 2005, Ali al-Timimi was sentenced to life in prison plus 70 years for acts of pure speech. The United States government contended that Timimi, through his lectures and direct personal appeals, induced and/or aided and abetted local Muslim men to leave the country and pursue jihad training with the intent to defend the Taliban against all potential enemies, including the United States. Buried in nearly 200 pages of jury instructions was a single paragraph that unceremoniously described the law of protected speech under Brandenburg v. Ohio. At first blush, Brandenburg seemed to unequivocally lay down the rule …

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Gender Equality, Social Values And Provocation Law In The United States, Canada And Australia, Caroline A. Forell Feb 2006

Gender Equality, Social Values And Provocation Law In The United States, Canada And Australia, Caroline A. Forell

ExpressO

In this article I examine and compare the partial defense of provocation as it applies to domestic homicide in Australia, Canada, and the United States on both the gendered-male basis of jealous rage and gendered-female basis of fear. I explain why substantive equality, prevalent under Canadian constitutional law, has not resulted in woman-friendly provocation rules in Canada and the United States and why Australia is the leader in incorporating substantive equality into its provocation doctrine. I conclude that the main reason why some Australian jurisdictions have abolished provocation and others have female-friendly versions of the doctrine is that, unlike Canada …

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Torture: Considering A Framework For Limiting Use, Scott J. Goldberg Feb 2006

Torture: Considering A Framework For Limiting Use, Scott J. Goldberg

ExpressO

Abu Graib, Guantanamo, the War on Terror—the debate over the use of torture is still very much alive in the world today. The debate can be divided into two questions: (1) whether there should be an actual absolute ban where torture is never allowed either ethically or legally, and (2) if torture should be allowed under certain circumstances what form of regulation is best able to ensure that it is used only in those most limited circumstances. Currently, there is an absolute ban in place, yet world leaders, applying a case-by-case utilitarian approach, in fact permit the use of torture …

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Summary Of Redeker V. Dist. Ct., 122 Nev. Adv. Op. 14, Brandon P. Kemble Feb 2006

Summary Of Redeker V. Dist. Ct., 122 Nev. Adv. Op. 14, Brandon P. Kemble

Nevada Supreme Court Summaries

Arie R. Redeker, facing a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances that he was convicted of a felony involving the use or threat of violence to the person of another.

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Cambodia At A Crossroads: How Repealing Untac Article 63, Cambodia's Current Defamation Law, Will Lead To A More Vigorous Democracy, Alicia A. Adornato Feb 2006

Cambodia At A Crossroads: How Repealing Untac Article 63, Cambodia's Current Defamation Law, Will Lead To A More Vigorous Democracy, Alicia A. Adornato

ExpressO

Cambodia’s current criminal defamation law is an impermissible intrusion of Cambodians’ constitutionally guaranteed right to freedom of expression. The law itself is a remnant of the United Nations Transitional Authority in Cambodia. Moreover it is now being used as a tool to silence the government’s political opposition through a weak judiciary system, leaving in its wake a democracy afraid to exercise its constitutionally guaranteed rights. This law is an unconstitutional violation for several reasons: first, it violates the right to freedom of expression which is guaranteed in Cambodia’s Constitution. Secondly, it is incompatible with Cambodia’s human rights obligations under the …

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Creating A "Hydra In Government": Federal Recourse To State Law In Crime Fighting, Wayne A. Logan Feb 2006

Creating A "Hydra In Government": Federal Recourse To State Law In Crime Fighting, Wayne A. Logan

Scholarly Publications

Traditionally, U.S.-state criminal justice relations have been conceived in two-dimensional terms, with concern primarily dedicated to U.S. usurpations of state authority. As this Article makes clear, however, U.S.-state relations are in significant measure also multi-dimensional and synergistic: rather than being solely engaged in a zero-sum power competition with states, the U.S. in actuality often defers to state laws and outcomes, despite the highly variegated normative positions they embody. As a consequence of this deference, the U.S. at once increases the scope, content and effect of its own criminal justice enterprise, and elevates (not reduces) the sovereign authority of states. The …

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Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum Feb 2006

Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum

American University Law Review

No abstract provided.

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Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum Feb 2006

Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum

American University Law Review

No abstract provided.

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Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart Feb 2006

Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart

William & Mary Bill of Rights Journal

No abstract provided.

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Remarks, Richard W. Sonnenfeldt Feb 2006

Remarks, Richard W. Sonnenfeldt

Cardozo Law Review

No abstract provided.

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