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Articles 14551 - 14580 of 27909
Full-Text Articles in Criminal Law
Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger
Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger
University of Colorado Law Review
No abstract provided.
The Dilemma Of Expressive Punishment, William Deford
The Dilemma Of Expressive Punishment, William Deford
University of Colorado Law Review
No abstract provided.
Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil
Exonerations In The United States 1989 Through 2003, Samuel R. Gross, Kriten Jacoby, Daniel J. Matheson, Nicholas Montgomery, Sujata Patil
Articles
On August 14, 1989, the Cook County Circuit Court in Chicago, Illinois, vacated Gary Dotson's 1979 rape conviction and dismissed the charges.1 Mr. Dotson-who had spent ten years in and out of prison and on parole for this conviction-was not the first innocent prisoner to be exonerated and released in America. But his case was a breakthrough nonetheless: he was the first who was cleared by DNA identification technology. It was the beginning of a revolution in the American criminal justice system. Until then, exonerations of falsely convicted defendants were seen as aberrational. Since 1989, these once-rare events have become …
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Animal Law Review
North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.
Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood
Long-Term Outcomes In Animal Hoarding Cases, Colin Berry, Gary Patronek, Randall Lockwood
Animal Law Review
Animal hoarding is a form of abuse that affects thousands of animals each year, yet little is known about how cases are best resolved, the effectiveness of prosecution, and how sentences relate to the severity of the offense. This lack of information has hampered effective resolution and the prevention of recidivism. This study obtained information about the hoarder, animals, charges, prosecution, sentencing, and recidivism for fifty-six cases identified through media reports.
Refocusing On Women: A New Direction For Policy And Research On Intimate Partner Violence, Lisa A. Goodman, Deborah Epstein
Refocusing On Women: A New Direction For Policy And Research On Intimate Partner Violence, Lisa A. Goodman, Deborah Epstein
Georgetown Law Faculty Publications and Other Works
A key question facing researchers of intimate partner violence is how the real-life contexts of victims’ lives should affect state policy. The bulk of recently adopted and much touted criminal justice reforms have taken the form of relatively inflexible, one-size-fits-all mandatory responses focused on counseling, restraining, and punishing batterers. Even the protection order system relies far more heavily on batterer treatment programs than on victim support to prevent future violence. Together, these reforms have largely sacrificed the contextualized, woman-centered focus from which the anti-domestic violence movement originated. Recently, however, a small body of research has emerged indicating that responding flexibly …
The "Monster" In All Of Us: When Victims Become Perpetrators, Abbe Smith
The "Monster" In All Of Us: When Victims Become Perpetrators, Abbe Smith
Georgetown Law Faculty Publications and Other Works
In this Essay, I will discuss the "cycle of violence”, that transforms victims into perpetrators, focusing on the Aileen Wuornos case. I will examine the odd lack of support for Wuomos and others like her as soon as they become perpetrators. I will then talk about men and boys who have been sexually abused and become perpetrators. I will conclude by arguing that the prevailing feminist approach to crime and violence has been too narrowly focused on victims, and has - witting or not - contributed to the nation's extraordinary and exclusive turn to punishment over the past three decades.
Community Self Help, Neal K. Katyal
Community Self Help, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
This paper advocates controlling crime through a greater emphasis on precautions taken not by individuals, but by communities. The dominant battles in the literature today posit two central competing models of crime control. In one, the standard policing model, the government is responsible for the variety of acts that are necessary to deter and prosecute criminal acts. In the other, private self-help, public law enforcement is largely supplanted by providing incentives to individuals to self-protect against crime. There are any number of nuances and complications in each of these competing stories, but the literature buys into this binary matrix.
Loyalty, Paternalism, And Rights: Client Counseling Theory And The Role Of Child's Counsel In Delinquency Cases, Kristin N. Henning
Loyalty, Paternalism, And Rights: Client Counseling Theory And The Role Of Child's Counsel In Delinquency Cases, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
This Article seeks to identify an attorney-child framework that will (1) give substantive meaning to the child's constitutional right to counsel in delinquency cases, (2) satisfy the ethical mandates of the Model Rules of Professional Conduct, (3) have the flexibility to accommodate cognitive limitations while enhancing the decisionmaking capacity of children and adolescents, and (4) engage parents in various aspects of the delinquency case without compromising the sanctity of the attorney-client relationship or sacrificing the fundamental rights, dignity, and autonomy of the child client.
The Ictr And Justice For Rwandan Women, Mark A. Drumbl
The Ictr And Justice For Rwandan Women, Mark A. Drumbl
Scholarly Articles
In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Mixed Signals And Subtle Cues: Jury Independence And Judicial Appointment Of The Jury Foreperson, Andrew Horwitz
Law Faculty Scholarship
Imagine that you are falsely accused of a serious crime and that you are now on trial before a judge and jury. You knew before the trial began that the judge had a reputation as a “law and order” judge, as a judge who was not at all receptive to the arguments of most criminal defense attorneys. You have been watching as the judge and your attorney have been engaged in what appears to be an adversarial battle throughout the trial, but you have taken some comfort in the fact that it will be the jury, not the judge, who …
Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies
Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies
Law Faculty Scholarship
Prosecutors face the continual temptation to overreach in decisions about the control of information. At each phase of a criminal proceeding, from investigation through trial, prosecutors make crucial decisions about information to disclose and highlight with courts, juries, and the public. In ordinary times, courts, defense counsel, the media, and internal sources of oversight can place some constraints, however tenuous, on the prosecutor’s efforts to monopolize the management of information. However, external events, such as the attacks of September 11, 2001, can weaken these constraints, producing alarming spikes in prosecutorial power.
Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone
Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.
The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman
The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman
Cardozo Journal of Equal Rights & Social Justice
The article explores the intersection of biology, genetics, and gender, emphasizing the need for a cautious and informed approach when integrating scientific findings into legal and social policies. It highlights the historical misuse of science to justify discrimination and advocates for a nuanced understanding that balances genetic insights with ethical considerations. The author proposes moving beyond a one-size-fits-all model of equality to one that accommodates differences, ensuring equitable opportunities for all.
Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman
Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman
Cardozo Journal of Equal Rights & Social Justice
The Rockefeller Drug Laws of 1973, among the harshest in the nation, have failed to reduce drug trafficking or abuse and have instead led to unjust outcomes, disproportionately impacting racial minorities and women. These laws, which mandate draconian sentences based solely on drug type and quantity, tie judges' hands and prioritize incarceration over treatment, despite evidence that treatment is more cost-effective and reduces recidivism. Recent reforms offer some progress, but significant systemic changes are needed to address the laws' ongoing harm and restore judicial discretion in sentencing.
Punishment Decisions At Conviction: Recognizing The Jury As Fault-Finder, Michael T. Cahill
Punishment Decisions At Conviction: Recognizing The Jury As Fault-Finder, Michael T. Cahill
Faculty Scholarship
No abstract provided.
Recent Supreme Court Decisions Pave The Way For Congressional Discussion On Sentencing Guidelines, Aisha Cornelius
Recent Supreme Court Decisions Pave The Way For Congressional Discussion On Sentencing Guidelines, Aisha Cornelius
Public Interest Law Reporter
No abstract provided.
New Law Seeks To Treat The Mentally Ill, Reduce Crime, Suzanne Blaz
New Law Seeks To Treat The Mentally Ill, Reduce Crime, Suzanne Blaz
Public Interest Law Reporter
No abstract provided.
The Future For Victims Of Violence: Will Vawa Be Renewed?, Jamie Friye
The Future For Victims Of Violence: Will Vawa Be Renewed?, Jamie Friye
Public Interest Law Reporter
No abstract provided.
Judicial Safety: A Judge's Perspective, Wayne R. Andersen Judge, Sameh I. Mobarek, John M. Richardson
Judicial Safety: A Judge's Perspective, Wayne R. Andersen Judge, Sameh I. Mobarek, John M. Richardson
Public Interest Law Reporter
No abstract provided.
Recent Study Highlights U.S. Ex-Felon Disenfranchisement Crisis, Aisha Cornelius
Recent Study Highlights U.S. Ex-Felon Disenfranchisement Crisis, Aisha Cornelius
Public Interest Law Reporter
No abstract provided.
Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire
Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire
Journal of Law and Health
Over the next decade an increasing number of new "pharmacotherapy" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the "highs" elicited by illegal drugs. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating the problem drug use. However, the tremendously politicized nature of the "drug war" raises substantial concerns that, in addition to those who …
Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker
Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker
Journal of Law and Health
Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …
Right Feeling And Knowing Right: Insanity In Testators And Criminals In Nineteenth Century American Law, Robert Mensel
Right Feeling And Knowing Right: Insanity In Testators And Criminals In Nineteenth Century American Law, Robert Mensel
Oklahoma Law Review
No abstract provided.
Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai
Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai
Oklahoma Law Review
No abstract provided.
A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers
A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers
Oklahoma Law Review
No abstract provided.
Return Of The Great Writ: Judicial Review, Due Process, And The Detention Of Alleged Terrorists As Enemy Combatants, Benjamin Priester
Return Of The Great Writ: Judicial Review, Due Process, And The Detention Of Alleged Terrorists As Enemy Combatants, Benjamin Priester
Journal Publications
The federal government's reaction to the terrorist attacks of September 11, 2001, included a wide range of statutes, policies, and strategies for aggressively pursuing, capturing, detaining, and punishing not only the individuals directly responsible for the attacks, but also those who seek to carry out future attacks. The objective was no less ambitious than the elimination of the entire terrorist organization known as Al Qaeda, from its leaders like Osama bin Laden to its agents in the field. To accomplish this aim the government invoked the full range of its powers in foreign and domestic affairs: military force abroad, foreign …
State Ex Rel., J.P.F., Janie Byalik
State Legislation And Human Trafficking: Helpful Or Harmful?, Stephanie Richard
State Legislation And Human Trafficking: Helpful Or Harmful?, Stephanie Richard
University of Michigan Journal of Law Reform
Human trafficking is the modern day form of slavery. Despite the fact that thousands of people are trafficked into the United Sates each year, the majority of U.S. citizens are not aware of the nature and extent of this problem. In 2000, the U.S. government passed the Victims of Trafficking and Violence Protection Act (VTVPA) to combat this grave human rights abuse. This federal legislation takes a comprehensive approach to addressing the problem of human trafficking in the United States by acknowledging that effective prosecution cannot occur without safeguards and benefits for trafficking victims. To this end, the VTVPA enumerates …