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Articles 14791 - 14820 of 27909

Full-Text Articles in Criminal Law

"No Provincial Or Transient Notion": The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich Mar 2004

"No Provincial Or Transient Notion": The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich

Vanderbilt Law Review

Suppose a state legislature enacted a law making any theft a crime punishable by twenty years' imprisonment. Within this law was a provision precluding an accused from introducing evidence that he unwittingly took property to which he was not entitled. Suppose further that after this law was enacted, an elderly woman hung her black coat in a restaurant's lobby and, upon leaving, mistakenly retrieved another's black coat. Under the hypothetical statute, her mistake could neither hinder the prosecution's case against her nor be asserted by her as a defense. By inadvertently taking another's coat from a crowded restaurant, the woman …

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Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson Feb 2004

Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson

ExpressO

Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …

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Judicial Perspectives On The Federal Sentencing Guidelines And The Goals Of Sentencing: Debunking The Myths, Michael E. O'Neill Feb 2004

Judicial Perspectives On The Federal Sentencing Guidelines And The Goals Of Sentencing: Debunking The Myths, Michael E. O'Neill

ExpressO

No abstract provided.

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After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares Feb 2004

After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares

ExpressO

This paper focuses on curtailing the corruption inherent in the lending practices of the IMF and, subsequently, preventing another economic disaster as has occurred in Argentina. In fact, if it is at all to succeed in future attempts to restore a state’s monetary and fiscal standing, the IMF should incorporate language of the Accounting and Record-keeping provisions of the U.S. Foreign Corrupt Practices Act into its loan agreement policies, thereby conditioning its loans upon transparency and good governance over borrowed funds. Part I of this article introduces corruption and its affect on international lending. Part II describes the IMF and …

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"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan Feb 2004

"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan

Scholarly Publications

This Article explores the history of the Ex Post Facto Clause, including the Supreme Court's seminal 1798 decision in Calder v. Bull, and analyzes the results of a survey of ex post facto claims decided in state courts from 1992-2002, the first study to catalog the types of claims generated among the states, and the institutional response of state courts to them. The author provides an overview of the claims resolved in state courts, examining the nature of the laws challenged, how the challenges fared, and the rationales used by courts in their dispositions. Discussion focuses on two abiding …

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Recent Case, Ex Parte Hodges, Lauren D. Sudeall Feb 2004

Recent Case, Ex Parte Hodges, Lauren D. Sudeall

Vanderbilt Law School Faculty Publications

In Ring v. Arizona,' the Supreme Court held that the Sixth Amendment requires a jury, not a judge, to find beyond a reasonable doubt the aggravating circumstances necessary for imposition of the death penalty. The Court's narrow opinion emphasized that the jury must do all of the "factfinding necessary to put [a] defendant] to death," and it therefore appeared to leave intact the "hybrid" sentencing schemes of four states, which permitted the trial judge to impose the death penalty by overriding the jury's recommendation of a lesser sentence. Recently, in Ex parte Hodges, the Alabama Supreme Court affirmed a sentence …

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Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin Jan 2004

Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin

ExpressO

Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.

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Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink Jan 2004

Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink

ExpressO

This essay critically examines the national trend to get tough on juvenile crime by making it easier to transfer juvenile offenders to adult criminal court. It assesses this trend in light of different rationales for punishment, arguing that immaturity provides retributive, deterrent, and corrective reasons to punish juvenile crime differently than otherwise similar adult crime. Insofar as retributive concepts determine whom to punish and how much to punish, it is especially important that immaturity involves diminished normative competence and, hence, diminished responsibility. In defending a traditional approach to juvenile criminal justice against the reforms embodied in the transfer trend, the …

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Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar Jan 2004

Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar

ExpressO

This Article presents an empirical, doctrinal, and theoretical critique of public engagement in the modern administrative state. The legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert scientific decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach …

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Brief Amici Curiae Of Legal Historians Listed Herein In Support Of The Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 14, 2004), James Oldham Jan 2004

Brief Amici Curiae Of Legal Historians Listed Herein In Support Of The Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 14, 2004), James Oldham

U.S. Supreme Court Briefs

No abstract provided.

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Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter Jan 2004

Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter

U.S. Supreme Court Briefs

No abstract provided.

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'Lesser Evils' In The War On Terrorism, Mark A. Drumbl Jan 2004

'Lesser Evils' In The War On Terrorism, Mark A. Drumbl

Scholarly Articles

No abstract provided.

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Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl Jan 2004

Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl

Scholarly Articles

This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …

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Would It Be An Appropriate Use Of Prosecutorial Discretion If The Prosecutor Declined To Initiate An Investigation In The Case Of An Alleged Offender Who Has Been Given Amnesty Or Asylum?, Mark A. Pustay Jan 2004

Would It Be An Appropriate Use Of Prosecutorial Discretion If The Prosecutor Declined To Initiate An Investigation In The Case Of An Alleged Offender Who Has Been Given Amnesty Or Asylum?, Mark A. Pustay

War Crimes Memoranda

No abstract provided.

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Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield Jan 2004

Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Case Note: Civil Procedure—The Forest For The Trees: The Minnesota Supreme Court Considers The Collateral Estoppel Effect Of Criminal Convictions In Illinois Farmers Insurance Co. V. Reed, Charles Delbridge Jan 2004

Case Note: Civil Procedure—The Forest For The Trees: The Minnesota Supreme Court Considers The Collateral Estoppel Effect Of Criminal Convictions In Illinois Farmers Insurance Co. V. Reed, Charles Delbridge

William Mitchell Law Review

This Note first examines the goals and history of the doctrine of collateral estoppel, including the great changes the doctrine has undergone of late. It then examines the facts of the Reed case, details the procedural history of the case, and outlines the analysis of the courts in deciding the case. This Note then analyzes both the successes and the failures of the Minnesota Supreme Court in the Reed opinion. Finally, this Note concludes that the Reed decision is correct in its privity and due process analyses, but falls short by failing to clarify what collateral estoppel effect a criminal …

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Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld Jan 2004

Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld

Michigan Journal of International Law

This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …

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Panel One: Unfunding Terror--Perspectives On Unfundingterror: Commentary, Michael P. Malloy Jan 2004

Panel One: Unfunding Terror--Perspectives On Unfundingterror: Commentary, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.

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Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning Jan 2004

Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

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Trager Symposium: Our New Federalism? National Authority And Local Autonomy In The War On Terror: Introduction, Susan Herman Jan 2004

Trager Symposium: Our New Federalism? National Authority And Local Autonomy In The War On Terror: Introduction, Susan Herman

Faculty Scholarship

No abstract provided.

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Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby Jan 2004

Windfall Justice: Sentences At The Mercy Of Hypertechnicality, Jack Nordby

William Mitchell Law Review

Once upon a time (a time not so remote as to be beyond the memories of many of us who still toil in the vineyards of justice), the severity of a criminal sentence was determined largely at the whim of the trial judge, who was guided only by vague considerations of suitability. Non-premeditated murder, for example, might be punished by anything from probation to forty years in prison. A parole board exercised a similarly subjective power to temper the term with early release. Then, about a quarter century ago, the legislature created a commission to establish sentencing “guidelines,” said to …

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Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl Jan 2004

Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl

Scholarly Articles

The Krstić Appeals Chamber decision makes two major contributions to international criminal law. It also provides a number of additional insights and clarifications. In this case note, I will critically examine the two major contributions. Firstly, Krstić authenticates that genocide was in fact perpetrated against the Bosnian Muslims of Srebrenica. This serves an important didactic purpose. Srebrenica is the only incidence of genocide the ICTY has found amidst the pervasive violence that roiled the former Yugoslavia. Secondly, Krstić narrows the scope of joint criminal enterprise as a mechanism to attribute individual criminal liability for acts perpetrated by groups acting collectively. …

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Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman Jan 2004

Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman

Books

In 2004, Anne began co-authoring this seminal evidence treatise, which is in its second century of publication. Jones on Evidence (“Jones”) currently contains 5 hardbound volumes and a softbound appendix of new chapters with two new hardbound volumes forthcoming. All volumes are updated yearly. Jones enables civil and criminal practitioners in private and public practice to learn and understand evidentiary issues and evidentiary rules, including the Federal Rules of Evidence, and to use evidence effectively, whether the issue is admission, exclusion, preservation or relevance. Jones has been cited in numerous federal and state court opinions and law review …

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Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld Jan 2004

Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld

Law Publications

This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …

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Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd Jan 2004

Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd

UIC Law Review

No abstract provided.

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Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner Jan 2004

Conference Report: New York City's Criminal Courts Are We Achieving Justice?, Martha Rayner

Fordham Urban Law Journal

On October 18, 2003, more than one hundred professionals from the five boroughs of New York City came together to identify, evaluate, and begin to solve some of the complex problems embedded in the culture, operations, and practice in New York City's Criminal Courts. The conference planners focused on five problems that have undermined the pursuit of justice in New York City’s Criminal Court system for decades. The first group, Arraignment Norms, Practices and Culture, targeted professionalism and justice at the first and often last court appearance for people arrested and charged with misdemeanor crimes in New York City. The …

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International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone Jan 2004

International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone

Human Rights Brief

No abstract provided.

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Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky Jan 2004

Fighting Black Market And Oily Water: The Department Of Justice's National Initiatives To Combat Transnational Environmental Crime, Jim Rubin, Shata Stucky

Sustainable Development Law & Policy

No abstract provided.

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Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov Jan 2004

Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.

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The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill Jan 2004

The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill

UIC Law Review

No abstract provided.

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