Criminal Law Commons^™

Remarks, Eli M. Rosenbaum

Cardozo Law Review

No abstract provided.

The Nuremberg Trials: A Reappraisal And Their Legacy: An Introduction, Sheri P. Rosenberg

Cardozo Law Review

No abstract provided.

From Nuremberg To Tokyo: Some Reflections On The Tokyo Trial (On The Sixtieth Anniversary Of The Nuremberg Trials), Zhang Wanhong

Cardozo Law Review

No abstract provided.

Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver

Cardozo Law Review

No abstract provided.

Essay: The Romance Of Nuremberg And The Tease Of Moral Justice, Thane Rosenbaum

Cardozo Law Review

No abstract provided.

Choice, Consent, And Cycling: The Hidden Limitations Of Consent, Leo Katz

Michigan Law Review

Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent …

American Indians, Crime, And The Law, Kevin K. Washburn

Michigan Law Review

This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …

Transitional Justice: Postwar Legacies, Ruti Teitel

Cardozo Law Review

No abstract provided.

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

Rutgers Law School (Newark) Faculty Papers

Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …

Summary Of Moore V. State, 122 Nev. Adv. Op. 4, Stephanie Hamrick

Nevada Supreme Court Summaries

Appellant Moore was convicted of fraudulent use of a credit card based on an incident that took place in a Las Vegas Wal-Mart. His suspicious behavior2 while shopping attracted the attention of a loss prevention specialist. The loss prevention specialist suspected Moore might attempt to purchase goods with a credit card, and instructed a cashier to contact management if Moore presented a credit card without proper identification. Moore brought over $300 worth of goods to the cashier’s register and presented a credit card. When Moore could not produce identification, the cashier summoned a manager who took the credit card to …

The U.S. And The International Criminal Court (Icc), Paul R. Rickert

Faculty Publications and Presentations

This paper is a discussion of the notable issues the U.S. points out regarding the Rome Treaty, the treaty establishing the International Criminal Court.

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 …

The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie D. Wilson

Scholarly Articles

The Fourth Amendment serves an important constitutional function. It protects the privacy of Americans from intrusions on their personal security. Few rights are held more sacred. When a person is arrested and faces the real likelihood of pretrial detention in jail, the person risks not only a reduction in his privacy rights, but also a loss of his liberty. In such circumstances, the arrested person should be able to bargain away some of his Fourth Amendment rights in exchange for the additional freedoms associated with release to home.

Undoubtedly, defendants forced to choose between incarceration and Fourth Amendment rights will …

The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian Gallini

School of Law Faculty Publications and Presentations

The Article first provides an overview of the history and prevailing motivations behind the promulgation of the Federal Sentencing Guidelines. Then, using the U.S. Court of Appeals for the Sixth Circuit as an illustrative example, the Article contends that, notwithstanding the supposed “far-reaching” implications of both Blakely and Booker, the judiciary's continued reliance on the “advisory” Guidelines has practically changed federal sentencing procedures very little in form or function. For a contrasting response to Booker, the Article thereafter examines the State of Maine's sentencing scheme and its response to the Supreme Court's Booker/Blakely decisions. By arguing that Maine's sentencing procedure …

Chapter 681: Keeping Ammunition Out Of The Hands Of Minors, Jonathan W. Peters

McGeorge Law Review

No abstract provided.

Sentencing Without Remorse, Bryan H. Ward

Loyola University Chicago Law Journal

No abstract provided.

Chapter 484: From Home Detention To Gps Monitoring, Patricia L. Eichar

McGeorge Law Review

No abstract provided.

Pregnant Behind Bars: Chapter 608 And California's Reformation Of The Medical Care And Treatment Of Pregnant Inmates, Heather L. Mccray

McGeorge Law Review

No abstract provided.

Slouching Toward Booker And Beyond - The Court Embraces And Rejects The Role Of Juries At Sentencing, Diane E. Courselle

McGeorge Law Review

No abstract provided.

Duty To Avoid Disparity: Implementing 18 U.S.C. Sec. 3553(A)(6) After Booker, The, Michael M. O'Hear

McGeorge Law Review

No abstract provided.

Observations: Sentencing Guideline Law And Practice In A Post-Booker World, Frank C. Damrell Jr.

McGeorge Law Review

No abstract provided.

Restorative Justice In Federal Sentencing: An Unexpected Benefit Of Booker?, Erik Luna, Barton Paulson

McGeorge Law Review

No abstract provided.

White Collar Crime Sentences After Booker: Was The Sentencing Of Bernie Ebbers Too Harsh?, Peter J. Henning

McGeorge Law Review

No abstract provided.

Gender-Related Issues In A Post-Booker Federal Guidelines World, Myrna S. Raeder

McGeorge Law Review

No abstract provided.

Perceptions Of Crime: A Multidimensional Analysis With Implications For Law And Psychology, Jeremy A. Blumenthal

McGeorge Law Review

No abstract provided.

Making America "The Land Of Second Chances": Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele Stewart

Articles

No abstract provided.

Chapter 635: Allowing Arrested Parents To Arrange For Childcare, Laura Friedman

McGeorge Law Review

No abstract provided.

Chapter 721: Providing Sex Offenders' Conviction And Release Dates To The Public, Laura Friedman

McGeorge Law Review

No abstract provided.

Interplay Investigating: Chapter 133 And Disclosure Of Rape Suspect Exams, Breann Marie Handley

McGeorge Law Review

No abstract provided.