Criminal Law Commons^™

Solving The Williams Puzzle, Kyron J. Huigens

Articles

In the 1949 case of Williams v. New York, the United States Supreme Court approved of judicial factfinding as a feature of discretionary sentencing. The Court's more recent ban on judicial factfinding in determinate sentencing systems would seem to apply to discretionary sentencing systems as well, implying that Williams is no longer good law. If a sentencing judge may find facts in the exercise of discretionary sentencing as a matter of due process, then a legislature's attempt to introduce rule-of-law values into sentencing by creating a determinate sentencing regime hardly seems to call for constitutional limitations on judicial factfinding. And …

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

Faculty Scholarship

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the …

Some Brief Observations On The Significance Of Deterrence In Braithwaite's 'Pre-Empting Terrorism', Mark Findlay

Research Collection Yong Pung How School Of Law

No abstract provided.

The Civilization Of The Criminal Law, Christopher Slobogin

Vanderbilt Law Review

The boundaries of the criminal justice system are eroding. A vast amount of relatively innocuous behavior is now criminalized. The line between criminal penalties and administrative sanctions is dissolving, as criminal law relaxes its mens rea requirements and government bureaucracies aggressively pursue regulatory violations. Distinctions between criminal and civil forfeiture, contempt, and deportation proceedings have been vanishingly subtle for some time. Perhaps the most serious assault on the integrity of today's criminal justice system, however, is the increasing prominence of the "dangerousness criterion" as justification for confinement by the government. Governmental deprivations of liberty have usually been the province of …

Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett

Scholarly Works

The New Jersey Institute for Social Justice prepared this report in response to concerns about child support debt—in particular as it creates a barrier to employment for low-income parents and works at cross-purposes with the goals of the child support program. Drawing on examples from other states, this report identifies a range of policies that inform child support practice in New Jersey and offers administrative, legislative, and programmatic solutions to address child support arrears owed by low-income and incarcerated parents.

Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary E. Berkheiser

Scholarly Works

Nevada Supreme Court Justice Miriam Shearing retired at the end of her second term on January 4, 2005. Over the nearly thirty years of her very public life on the bench, many have written of her accomplishments as the firs woman to enter the brotherhood of the Nevada judiciary. With Justice Sharing’s retirement, the time is ripe for an examination of her judicial decisions during the twelve years she served on the Nevada Supreme Court. The analysis here provides one perspective on her body of work. It begins, as it must, with a glimpse into the person behind the work.

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Time And Punishment, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Prosecuting Members Of The U.S. Military For Wartime Environmental Crimes, Eric Talbot Jensen, James J. Teixeira Jr.

Faculty Scholarship

War is inherently damaging to the environment. Though these deleterious actions are often attributed to "states" during times of armed conflict, they are normally the result of military operations conducted by members of the military who are carrying out orders from military superiors. While many have proposed systemic changes that affect how states can or should be held responsible, few have commented on the process of holding individual military personnel or commanders responsible for battlefield acts of environmental damage. This paper argues that there are sufficient laws and regulations in place to hold individuals and commanders in the United States …

Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher

Nevada Supreme Court Summaries

No abstract provided.

Conceptualizing Blakely, Douglas A. Berman

The Ohio State University Moritz College of Law Working Paper Series

The Supreme Court’s decision in Blakely v. Washington has generated impassioned judicial and academic criticisms, perhaps because the “earthquake” ruling seems to announce a destructive rule in search of a sound principle. Read broadly, the jury trial rule articulated in Blakely might be thought to cast constitutional doubt on any and all judicial fact-finding at sentencing. Yet judicial fact-finding at sentencing has a long history, and such fact-finding has been an integral component of modern sentencing reforms and seems critical to the operation of guideline sentencing. The caustic reaction to Blakely reflects the fact that the decision has sowed confusion …

Legality Principle Of Crimes And Punishments In Iranian Legal System, Seyed Doraid Mousavi Mojab

ExpressO

The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before.

The legality principle protects individual security by ensuring basic individual libertties against the arbitrary and unwarranted intrusion of the state. Thus, the criminal judge can’t call the individuals’ acts crime and assign punishments for them or exert punishments that are not prescribed by the Legislator without any letter of law. If an act is morally rebutted or …

Criminal Law, Laura D. Hogue, Franklin J. Hogue

Mercer Law Review

In this year's survey of criminal law in Georgia, we selected only cases in which a new rule of law was announced, a case of first impression was presented, a case with unusual or interesting facts was presented, or the case, while saying nothing new, set forth well-established law about topics that we could all use a reminder of from time to time.

International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

No abstract provided.

Suppressing The Incriminating Statements Of Foreigners, John Quigley

William & Mary Bill of Rights Journal

No abstract provided.

Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren

William & Mary Bill of Rights Journal

No abstract provided.

The Extraordinary Execution Of Billy Vickers, The Banality Of Death, And The Demise Of Post-Conviction Review, David R. Dow, Jim Marcus, Morris Moon, Jared Tyler, Greg Wiercioch

William & Mary Bill of Rights Journal

No abstract provided.

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Death Penalty Law, Holly Geerdes, David Lawless

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2003, through May 31, 2004. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four United States Supreme Court decisions are included in this survey because of their salience to Georgia death penalty law.

Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Introduction: Death Penalty And International Law, Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.

From Breard To Atkins To Malvo: Legal Incompetency And Human Rights Norms On The Fringes Of The Death Penalty, Linda A. Malone

William & Mary Bill of Rights Journal

No abstract provided.

Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati

Nevada Supreme Court Summaries

Defendant appealed his conviction on two counts of first-degree murder with the use of a deadly weapon, for which he received a sentence of death.

Whistle Blowing, Ben Depoorter, Jef De Mot

George Mason University School of Law Working Papers Series

For law enforcement purposes corruption and fraud are hard battles. Because of the highly secretive and premeditated nature of these crimes, prime witnesses are themselves often implicated in the fraudulent transaction. Promises of immunity and whistle blowing rewards are often required to resolve these information asymmetries. These insights have set a trend, both in scholarship and law enforcement practice, towards reward-based approaches (carrots), as an alternative or complement to punishment based deterrence (sticks). Applying the U.S. False Claims Act (FCA) as an analytical framework, we provide a critical review of the efficiency limitations of whistle blowing. More specifically, the formal …

The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi

George Mason University School of Law Working Papers Series

One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …

Screening, Plea Bargains And The Innocent Problem, Oren Gazal

Law & Economics Working Papers Archive: 2003-2009

Courts in common law countries reject plea-agreements only when the agreed upon sentence is seen as exceedingly lenient. This judicial intervention is designed to ensure that plea-bargaining does not undermine deterrence. Many legal scholars argue against this policy, claiming that courts should prohibit plea-bargaining all together. They argue that the plea-bargaining system increases the risk of wrongful convictions. Economists often criticize this judicial intervention as well, but for a different reason. Rather than advocating the abolition of plea-bargaining, many economists argue that the courts should accept all plea-agreements without review. They claim that plea-bargaining can help ensure an efficient use …

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Table Of Contents

University of Richmond Law Review

No abstract provided.