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Articles 14461 - 14490 of 27909

Full-Text Articles in Criminal Law

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries Jan 2005

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries

Seattle University Law Review

The article explores the Crawford decision in the context of victimless prosecutions. Part II discusses current trends in victimless domestic violence prosecution and the power and control dynamics of domestic violence relationships, including how these dynamics relate to, and create the need for, victimless prosecutions. Part III discusses the Crawford decision. Part IV explores possible interpretations of Crawford within the context of victimless domestic violence prosecutions. Part V explains why courts should interpret Crawford in a way that allows prosecutors to continue to prosecute batterers without a participating victim.

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Welcoming Remarks, Joseph L. Hoffmann, William J. Mead Jan 2005

Welcoming Remarks, Joseph L. Hoffmann, William J. Mead

Indiana Law Journal

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

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False Positives And False Negatives In Capital Cases, Erik Lillquist Jan 2005

False Positives And False Negatives In Capital Cases, Erik Lillquist

Indiana Law Journal

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

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The Problem Of Death Qualification, Nancy J. King Jan 2005

The Problem Of Death Qualification, Nancy J. King

Indiana Law Journal

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

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Fairness In The Application Of The Death Penalty, Edwin Colfax Jan 2005

Fairness In The Application Of The Death Penalty, Edwin Colfax

Indiana Law Journal

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

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The Process Of The Governor's Council, Michael J. Sullivan Jan 2005

The Process Of The Governor's Council, Michael J. Sullivan

Indiana Law Journal

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

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Open Discussion: Capital Crime Jan 2005

Open Discussion: Capital Crime

Indiana Law Journal

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

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Narrowing The Class Of Death-Eligible Crimes, Paula Sites Jan 2005

Narrowing The Class Of Death-Eligible Crimes, Paula Sites

Indiana Law Journal

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

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Negative Effects Of Capital Jury Selection, Andrea D. Lyon Jan 2005

Negative Effects Of Capital Jury Selection, Andrea D. Lyon

Indiana Law Journal

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

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The Psychology Of Capital Punishment, Shelia M. Murphy Jan 2005

The Psychology Of Capital Punishment, Shelia M. Murphy

Indiana Law Journal

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

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Open Discussion: Capital Jury Jan 2005

Open Discussion: Capital Jury

Indiana Law Journal

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

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Moral Accuracy And "Wobble" In Capital Sentencing, Scott E. Sundby Jan 2005

Moral Accuracy And "Wobble" In Capital Sentencing, Scott E. Sundby

Indiana Law Journal

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

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Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak Jan 2005

Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak

Indiana Law Journal

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

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Forensic Science Or Forgettable Science?, Craig M. Cooley Jan 2005

Forensic Science Or Forgettable Science?, Craig M. Cooley

Indiana Law Journal

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

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The Value Of Procedure, Stephen R. Creason Jan 2005

The Value Of Procedure, Stephen R. Creason

Indiana Law Journal

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

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Concluding Remarks, Joseph L. Hoffmann Jan 2005

Concluding Remarks, Joseph L. Hoffmann

Indiana Law Journal

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

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Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr. Jan 2005

Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.

Indiana Law Journal

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

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Open Discussion: Role Of Scientific Evidence Jan 2005

Open Discussion: Role Of Scientific Evidence

Indiana Law Journal

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

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Note: Poison In Our Own Backyards: What Minnesota Legislators Are Doing To Warn Property Purchasers Of The Dangers Of Former Clandestine Methamphetamine Labs, Signe Land Levine Jan 2005

Note: Poison In Our Own Backyards: What Minnesota Legislators Are Doing To Warn Property Purchasers Of The Dangers Of Former Clandestine Methamphetamine Labs, Signe Land Levine

William Mitchell Law Review

The article begins with an overview of the problems of meth abuse and manufacture in Minnesota, as well as the toxins that are left behind after physical evidence of meth labs has been removed. A discussion of current statutory seller disclosure provisions in Minnesota and in other states then follows. The article next analyzes proposed Minnesota legislation that has attempted to address the problem. A survey follows of six statutory models that provide guidance for drafting legislation to encompass disclosure, buyers’ remedies, filing forms in county land records, and requiring state-wide standards for proper cleanup. Finally, a comprehensive workable solution …

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Note: The Earthquake That Will Move Sentencing Discretion Back To The Judiciary? Blakely V. Washington And Sentencing Guidelines In Minnesota, Matthew R. Kuhn Jan 2005

Note: The Earthquake That Will Move Sentencing Discretion Back To The Judiciary? Blakely V. Washington And Sentencing Guidelines In Minnesota, Matthew R. Kuhn

William Mitchell Law Review

This Note begins by briefly laying out the evolution of criminal sentencing over the past century. It then surveys judicial interpretation of defendants’ Constitutional rights as they relate to sentencing procedure, focusing on the Court’s recent invalidation of Washington state’s sentencing guidelines in Blakely v. Washington. The note will then examine possible reforms to Minnesota’s sentencing guidelines pursuant to the Court’s decision. It will conclude by advocating that, despite the recent spotlight on Kansas’s sentencing guidelines, Minnesota’s best response to Blakely is to return some sentencing discretion to the judiciary by implementing a system of voluntary guidelines.

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The Chorus Of Liars: Opsahl V. State Of Minnesota, David T. Schultz Jan 2005

The Chorus Of Liars: Opsahl V. State Of Minnesota, David T. Schultz

William Mitchell Law Review

A recanting witness is a liar. Either he lied at trial or he is lying now. When the recanting witness’s new story is joined by others, so that his solo is now a chorus, the judicial system must find the delicate balance between fairness to society and protection of the individual defendant’s rights. When the case is old and the recanting witnesses many, the difficulty of finding that balance is even greater. Such were the circumstances facing the Minnesota Supreme Court when, in 2004, it heard the case of Darby Opsahl, a man convicted in 1992 of a murder that …

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Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze Jan 2005

Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze

William Mitchell Law Review

This article explains Minnesota’s expungement law and analyzes a recent Minnesota Court of Appeals decision that limits the expungement remedy. Specifically, this article begins by examining the effects of a criminal record and the purposes of expungement.8 An expungement’s main purpose is to seal an individual’s criminal record from public view, thereby allowing the individual to fully reintegrate into society. This article then provides an overview of current expungement law and its history. This article also explains different types of criminal records and the different mechanisms used to seal each type of record. The focus of this article is on …

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The Moussaoui Case: The Mess From Minnesota, Afsheen John Radsan Jan 2005

The Moussaoui Case: The Mess From Minnesota, Afsheen John Radsan

William Mitchell Law Review

This article, after giving a brief history of the Moussaoui case, identifies the main paradoxes or problems of continuing to deal with him in the criminal system. By no stretch of the imagination does this article provide an exhaustive or comprehensive treatment of the Moussaoui case. Each problem, by itself, could be the subject of a separate law review article. This article suggests that Moussaoui, rather than Yaser Esam Hamdi, or Jose Padilla, or the detainees in Guantanamo Bay, could have served as the true test for determining the minimum process that the American Constitutional system owes to an individual …

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State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson Jan 2005

State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson

William Mitchell Law Review

This note first discusses the Minnesota Supreme Court’s use of the Minnesota Constitution to provide broader protections for its citizens in the area of Fourth Amendment search and seizure law. This note then explains the rationale for the Minnesota Supreme Court’s decision in Askerooth. Finally, this note discusses the Atwater decision and whether it was necessary for the Minnesota Supreme Court to decide Askerooth under the state constitution.

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Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose Jan 2005

Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose

Faculty Scholarship

The authors take up the challenge that was thrown down by the Ford v. Town of Grafton court. The first part of this Article examines the somewhat tortured and fascinating history of the Massachusetts Tort Claims Act. It then describes the arguments Catherine Ford made, how the court responded, and why it responded as it did. In Part II, Massachusetts' strong commitment to protecting and assisting victims of domestic violence is examined. A variety of legislative, executive and judicial initiatives that demonstrate commitment are described, but the Massachusetts General Laws Chapter 209A, the restraining order statute, is emphasized. The article …

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Initial Consent Rape: Inherent And Statutory Problems, Brett M. Kyker Jan 2005

Initial Consent Rape: Inherent And Statutory Problems, Brett M. Kyker

Cleveland State Law Review

First, this Note will examine the impetus behind the introduction of Senate Bill 406. Second, this Note will examine the legal effect of Senate Bill 406 on Illinois' sexual assault laws. Third, this Note will address problems with the statutory recognition of the crime of “initial consent” rape. Fourth, this Note will address problems with the crime of “initial consent” rape within the context of the Illinois statutory code. Fifth, this Note will examine the effects of rape on the victim. Sixth, this Note will discuss potential solutions to the problems of Illinois' amended rape law.

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Victim Participation In The Criminal Process, Erin O'Hara O'Connor Jan 2005

Victim Participation In The Criminal Process, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.

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Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon Jan 2005

Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon

Faculty Scholarship

To recover in a private action, the three-part structure of RICO demands proof of particularized crimes at two levels and civil standing to sue for those crimes. The interpretation and application of the standing requirement — which arises from the statute’s mandate that compensable injuries be caused “by reason of” acts of racketeering — have bedeviled courts and litigants for decades. Recent developments in class action law have exacerbated the problem. As more and more courts have rendered it nearly impossible to certify classes asserting state-law claims, class plaintiffs have turned to uniform federal laws like RICO. But civil RICO …

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Nothing Plus Nothing Equals... Something? A Proposal For Flir Warrants On Reasonable Suspicion, Steve Coughlan, Marc Gorbet Jan 2005

Nothing Plus Nothing Equals... Something? A Proposal For Flir Warrants On Reasonable Suspicion, Steve Coughlan, Marc Gorbet

Articles, Book Chapters, & Popular Press

Over a series of decisions, the Court has been backing itself into a corner with its section 8 jurisprudence. Section 8 protects against unreasonable searches. Since the earliest ruling on the section in Hunter v. Southam} searches are prima facie unreasonable if they take place without a warrant. Thus, before conducting a search, police must have a warrant. Before getting a warrant, police must have information about the accused. Obtaining information about the accused probably involves conduct that qualifies as a search. Thus for example in K. v. Kokesch, R. v. Wiley, and R. v. Plant, perimeter searches, conducted in …

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A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan Jan 2005

A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan

Articles, Book Chapters, & Popular Press

In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …

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