Criminal Law Commons^™

Reply Brief For Petitioner, Hamdan V. Rumsfeld, No. 04-702 (U.S. Jan. 03, 2005), Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Pluralizing International Criminal Justice, Mark A. Drumbl

Scholarly Articles

This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …

Thwarting A New Start? Foreign Convictions, Sentencing And Collateral Sanctions, Nora V. Demleitner

Scholarly Articles

None available.

Crawford V. Washington: A Small Advantage For Criminal Defense In Cases Where Prosecution Seeks To Introduce Hearsay Evidence, Jason W. Eldridge

William Mitchell Law Review

This article will examine the Crawford holding and its effects on hearsay law in criminal trials in Minnesota. First, it will attempt to explain the Crawford holding and the Supreme Court’s analysis. Next, it will examine Crawford’s general effect on the Minnesota Rules of Evidence concerning hearsay. Then, this article will consider Crawford’s effect upon criminal cases and some of the arguments it presents for criminal defense attorneys and prosecutors. Finally, this article will conclude that the Crawford decision is a small boon for criminal defense attorneys.

Since When Is Dicta Enough To Trump Fourth Amendment Rights? The Aftermath Of Florida V. J.L., Melanie D. Wilson

Scholarly Articles

Unfortunately for individual liberty, and the inestimable right to personal security, the Supreme Court's extraneous language in its otherwise, well-reasoned decision in Florida v. J.L., and the lower federal courts' interpretation of that extraneous language, have jeopardized the Constitutional right to be free from capricious stops and frivolous frisks, both of which necessarily intrude on the sanctity of the person and sometimes "inflict great indignity and arouse strong resentment . . . ." When read logically and narrowly, the J.L. decision holds that an anonymous telephone tip, alone, does not give law enforcement a sufficient legal basis to stop or …

Going Home To Stay: A Review Of Collateral Consequences Of Conviction, Post-Incarceration Employment, And Recidivism In Ohio, Marlaina Freisthler, Mark A. Godsey

Faculty Articles and Other Publications

Currently, Ohio's legislative and administrative schemes dealing with employment are unduly punitive toward convicted felons. This article suggests an alternative approach to achieve the same legitimate purposes that the current scheme purports to serve. The first part of the article is a general discussion of collateral consequences. The second part discusses the manner in which collateral consequences can be imposed to achieve inappropriate results and describes the ABA's recent Criminal Justice Standards on collateral consequences as a method to avoid inappropriate results. The third part evaluates Ohio's efforts to return prisoners to communities following conviction and the effect that current …

The Role Of Prosecutors In Serving Justice After Convictions, Fred C. Zacharias

Vanderbilt Law Review

It is an old saw that prosecutors have both an ethical and a legal obligation to "do justice." The contours of that obligation, however, are not well defined. This Article addresses one particularly neglected aspect of the obligation: prosecutors' ethical duty to serve justice after convictions are complete. Prosecutorial justice issues seem to arise less frequently after conviction than at trial. Prosecutorial discretion is at its height in the postconviction context because legislators and professional code drafters have not focused on postconviction issues. Freed from binding legal constraints, prosecutors have avoided deep consideration of how their general obligation to serve …

The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas

Articles

No abstract provided.

Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy

Villanova Law Review (1956 - )

No abstract provided.

From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher

Michigan Journal of International Law

This Article contributes to the scholarship on transitional justice by examining how the legal architecture and operation of international criminal law constricts bystanders as subjects of jurisprudence, considering the effects of this limitation on the ability of international tribunals to promote their social and political goals, and proposing institutional reforms needed to address this limitation.

Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl

Scholarly Articles

There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …

Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno

Faculty Publications

No abstract provided.

Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth

William Mitchell Law Review

This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Maryland Law Review

No abstract provided.

The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann

UIC John Marshall Journal of Information Technology & Privacy Law

The CoE Convention on cybercrime provides a treaty-based framework that imposes on the participating nations the obligation to enact legislation criminalizing certain conduct related to computer systems, create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms and create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the CoE Convention. Since there is no internationally recognized legal definition of computer crime, this article briefly presents the generally recognized categories of cybercrime and then proceeds …

Pennsylvania And Pornography: Cdt V. Pappert Offers A New Approach To Criminal Liability, 23 J. Marshall J. Computer & Info. L. 411 (2005), John Spence

UIC John Marshall Journal of Information Technology & Privacy Law

The rapid expansion of information technology in the past few years has left states and the Federal government struggling desperately to keep up and many of the laws attempting to regulate the Internet and information technology show a lack of understanding how the affected technology actually works and could possibly the growth and distribution of new ideas and inventions even incapacitate the Internet. One area in particular that has been the subject of widespread concern and attention is online pornography, a business that few people only realize just how big it truly is. This article focuses on the recent District …

Strategies For Challenging Police Drug Jargon Testimony, Joelle A. Moreno

Faculty Publications

No abstract provided.

Law And Atrocity: Settling Accounts In Rwanda, Mark A. Drumbl

Scholarly Articles

Ten years ago, genocide ravaged the tiny African nation of Rwanda. In the wake of this violence, Rwanda has struggled to reconstruct, rebuild, and reconcile. Law-in particular, criminal trials for alleged perpetrators of genocide- has figured prominently among various policy mechanisms in postgenocide Rwanda. Criminal trials for Rwandan genocidaires' aspire to achieve several goals. These include exacting retribution, promoting reconciliation, deterring future violence, expressing victims' outrage, maintaining peace, and cultivating a culture of human rights.2 In this Lecture, I examine the extent to which these trials attain these multiple, often competing, and largely overwhelming goals. Part I begins by setting …

Introduction: Three Perspectives On Criminal Justice, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Contaminating The Verdict: The Problem Of Juror Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This article describes the myriad ways in which misconduct by jurors can contaminate a trial and verdict and the ability of courts to remedy such misconduct. Part II examines the case law in which criminal defendants have challenged their convictions on the basis of juror misconduct. Defendants have claimed that jurors were influenced by external contacts with third parties, exposed to extraneous, non-evidentiary information, engaged in contrived experiments and improper reenactments in the jury room, made dishonest and misleading statements during jury selection, engaged in conduct demonstrating bias and prejudgment, suffered from physical and mental impairments, engaged in pre-deliberation discussions …

Therapeutic Jurisprudence And The Rehabilitative Role Of The Criminal Defense Lawyer, David B. Wexler

St. Thomas Law Review

In the present article, I will identify the potential rehabilitative role of the attorney from the beginning stages-possible diversion, for example through sentencing and even beyond-through conditional or unconditional release, and possible efforts to expunge the criminal record. This article has two principal purposes; first, to call for the explicit recognition of a TJ criminal lawyer, and to provide, in a very sketchy manner, an overview of that role; second, to propose an agenda of research and teaching to foster the development of the rehabilitative role of the criminal lawyer. While much of the proposed research would discuss the rehabilitative …

The Presumption Of Guilt And The English Law Of Theft, 1750-1850, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

"When it is said that a defendant to a criminal charge is presumed to be innocent, what is really meant is that the burden of proving his guilt is upon the prosecution. This golden thread ... runs through the web of the English criminal law. Unhappily Parliament regards the principle with indifference - one might almost say with contempt. The statute book contains many offences in which the burden of proving his innocence is cast on the accused." (Glanville Williams, The Proof of Guilt: A Study of the English Criminal Trial (1955))

No principle in Anglo-American criminal law is more …

The History Of Wrongful Execution, Bruce P. Smith

Sturm College of Law: Faculty Scholarship

Since the refinement of forensic DNA analysis in the early 199os, the problem of "wrongful execution" -the execution of persons who are actually innocent or the risk that such persons might be executed-has received considerable attention from scholars, legal practitioners, politicians, jurists, and social activists. The history of wrongful execution, however, remains unwritten.

This Article demonstrates that the problem of wrongful execution, although often considered to be a modern-day concern, preoccupied leading Anglo-American legal commentators in the seventeenth and eighteenth centuries. Troubled by several notorious instances of wrongful execution, prominent writers such as Matthew Hale and William Blackstone urged courts …

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher

Human Rights Brief

No abstract provided.

Keynote Address: Integrating The Work Of The Icc Into Local Justice Initiatives, Luis Moreno-Ocampo

American University International Law Review

No abstract provided.

Criminalizing Hate Speech In The Crucible Of Trial: Prosecutor V. Nahimana, Diane F. Orentlicher

American University International Law Review

No abstract provided.

Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison

The Modern American

No abstract provided.

Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel

UIC Law Review

No abstract provided.

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.