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Articles 14431 - 14460 of 27909

Full-Text Articles in Criminal Law

The Myth Of The Gladiator And Law Students' Negotiation Styles, Melissa L. Nelken Jan 2005

The Myth Of The Gladiator And Law Students' Negotiation Styles, Melissa L. Nelken

Cardozo Journal of Conflict Resolution

"Shark." "Hired gun." The popular view is that lawyers are, by and large, cut-throat competitors who take the ethical obligation of zealous advocacy on behalf of their clients to the extreme, heedless of the cost to others or to society as a whole. The adversarial system (with its winners and losers), law school teaching, and the portrayal of lawyers in popular media, all feed this stereotype. The focus on litigation promotes misperceptions about what most lawyers actually do. Lawyers make deals and resolve virtually all litigated matters short of trial, often through negotiation. Studies of lawyers' behavior in negotiation over …

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Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson Jan 2005

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

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Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd Jan 2005

Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd

Michigan Journal of Race and Law

This Article does not challenge the prior research on sentencing discrimination between racial categories that found no significant difference in sentences given to similarly-situated African Americans and Whites. In fact, in the jurisdiction investigated- Florida- no discrimination between African Americans and Whites was found in the sentences imposed on defendants, looking only at racial category differences. Rather, the research suggests that in focusing exclusively on discrimination between racial groups, the research has missed a type of discrimination related to race that is taking place within racial categories: namely, discrimination on the basis of a person's Afrocentric features. By Afrocentric features, …

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How Juries Get It Wrong - Anatomy Of The Detroit Terror Case, Bennett L. Gershman Jan 2005

How Juries Get It Wrong - Anatomy Of The Detroit Terror Case, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article describes the background and trial of the four defendants in the so-called Detroit “Sleeper Cell” terrorist prosecution. It examines the evidence relied on by the jury to reach its verdict, particularly the testimony of a key turncoat witness who accused the defendants of participation in a terrorist conspiracy. Part III examines how the jury's search for truth was corrupted by false, misleading, and incomplete proof. It identifies several extrinsic sources of jury error including suppressed evidence, dishonest and unreliable testimony, partisan experts, coaching, obstructed cross-examination, and inflammatory arguments. Finally, with the Detroit terrorist trial as the model, Part …

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Survey Of Washington Search And Seizure Law: 2005 Update, Justice Charles W. Johnson Jan 2005

Survey Of Washington Search And Seizure Law: 2005 Update, Justice Charles W. Johnson

Seattle University Law Review

This article serves as a source to which the Washington lawyer, judge, law enforcement officer, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, revisions to the law and new cases interpreting the Washington Constitution and the United States Constitution require periodic updates to this Survey to reflect the current state of the law. Many of these cases involve the Washington Supreme Court's interpretation of the Washington Constitution. Also, as the United States Supreme Court has continued to examine Fourth Amendment search and …

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Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl Jan 2005

Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl

Scholarly Articles

The International Criminal Tribunal for the former Yugoslavia (ICTY) increasingly has turned to plea bargains to resolve the cases before it. A number of factors motor this trend. One is administrative: the ICTY has been subject to considerable pressure from the United Nations Security Council and donor states to accelerate its work. Another is the desire to obtain acknowledgements of responsibility from perpetrators. Moreover, there is concern that, as time passes, the memories of witnesses dim. The rigours of direct and cross-examination may retraumatise those who have survived mass atrocity. ICTY judges also have expressed their understanding that guilty pleas …

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Violating The Inviolable: Firearm Industry Retroactive Exemptions And The Need For A New Test For Overreaching Federal Prohibitions, 38 J. Marshall L. Rev. 955 (2005), James L. Daniels Jan 2005

Violating The Inviolable: Firearm Industry Retroactive Exemptions And The Need For A New Test For Overreaching Federal Prohibitions, 38 J. Marshall L. Rev. 955 (2005), James L. Daniels

UIC Law Review

No abstract provided.

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Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Elizabeth Burleson Jan 2005

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants) Jan 2005

Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan Jan 2005

Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Strategy And Remorse In Capital Trials, Andrew D. Leipold Jan 2005

Strategy And Remorse In Capital Trials, Andrew D. Leipold

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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A Psychologist's Perspective On Capital Juries, Steven J. Sherman Jan 2005

A Psychologist's Perspective On Capital Juries, Steven J. Sherman

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann Jan 2005

Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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The History Of Capital Appeals In Massachusetts, William J. Meade Jan 2005

The History Of Capital Appeals In Massachusetts, William J. Meade

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Procedural Default In Capital Cases, F. Thomas Schornhorst Jan 2005

Procedural Default In Capital Cases, F. Thomas Schornhorst

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber Jan 2005

Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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A Scientist's Perspective On Forensic Science, Carl M. Selavka Jan 2005

A Scientist's Perspective On Forensic Science, Carl M. Selavka

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin Jan 2005

Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Open Discussion: Post-Trial Review Jan 2005

Open Discussion: Post-Trial Review

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring Jan 2005

Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

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Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak Jan 2005

Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak

Indiana Law Journal

No abstract provided.

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Response To Professors Kamin And Pokorak, Joseph L. Hoffmann Jan 2005

Response To Professors Kamin And Pokorak, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.

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Targeting Legal Advice, Peter J. Henning Jan 2005

Targeting Legal Advice, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

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Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown Jan 2005

Black Protectionism As A Civil Rights Strategy, Katheryn Russell-Brown

UF Law Faculty Publications

This Article has identified and outlined the parameters of Black protectionism, a practice used by African-Americans to protect prominent community members who have been charged with criminal or unethical activity. This practice took root during slavery-during a time when a false or minor charge against one African-American could result in death or great bodily harm to him and scores of other African-Americans. History has cultivated a culture of Black mistrust of Whites in particular and mainstream society in general. This suspicion is reinforced with the continued disparate treatment of African-Americans within the criminal justice system. History and contemporary conditions explain …

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Comments: Maryland Is Dying For A Slayer Statute: The Ineffectiveness Of The Common Law Slayer Rule In Maryland, Tara L. Pehush Jan 2005

Comments: Maryland Is Dying For A Slayer Statute: The Ineffectiveness Of The Common Law Slayer Rule In Maryland, Tara L. Pehush

University of Baltimore Law Review

No abstract provided.

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Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli Jan 2005

Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli

University of Arkansas at Little Rock Law Review

No abstract provided.

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Evidence—Sixth Amendment And The Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach To The Confrontation Clause. Crawford V. Washington, 541 U.S. 36 (2004)., Kristen Sluyter Jan 2005

Evidence—Sixth Amendment And The Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach To The Confrontation Clause. Crawford V. Washington, 541 U.S. 36 (2004)., Kristen Sluyter

University of Arkansas at Little Rock Law Review

No abstract provided.

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The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman Jan 2005

The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.

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Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy Jan 2005

Sexual Minorities, Criminal Justice, And The Death Penalty, Michael B. Shortnacy

Fordham Urban Law Journal

This Article addresses the biases confronting sexual minorities in the legal system. The author calls upon the legal community including bar associations, judicial councils and conferences, and law schools to recognize that bias against sexual minorities exists and they should devote sufficient resources to allow for comprehensive study of this problem and for the education of the bar and the public. Furthermore, the Article points out that this bias against sexual minorities among key players in the legal system may actually be a factor in the imposition of the death penalty. The author points out the inattention this bias against …

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Misuse Of The Grand Jury: Forcing A Putative Defendant To Appear And Plead The Fifth Amendment, Aaron M. Clemens Jan 2005

Misuse Of The Grand Jury: Forcing A Putative Defendant To Appear And Plead The Fifth Amendment, Aaron M. Clemens

Seattle University Law Review

This article considers the propriety of an indictment of a person who was subpoenaed to testify before a grand jury at which the person invoked the Fifth Amendment privilege against self-incrimination on any questions relevant to the investigation and where the government knew that this person would assert the privilege. Part I explores the prosecutor's power to secure evidence and present it the grand jury. Part II describes how the Fifth Amendment's privilege against self-incrimination limits the prosecutor's power to secure evidence and present it to the grand jury. Part III applies the privilege to a situation where a prosecutor …

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