Criminal Law Commons^™

Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck

UIC Law Review

No abstract provided.

David Pays For Goliath's Mistakes: The Costly Effect Sarbanes-Oxley Has On Small Companies, 38 J. Marshall L. Rev. 671 (2004), Nathan Wilda

UIC Law Review

No abstract provided.

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.

When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker

West Virginia Law Review

No abstract provided.

Corporate War Criminals And The International Criminal Court: Blood And Profits In The Democratic Republic Of Congo, Julia Graff

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.

A Decade Of The Development Of Gender Crimes In International Courts And Tribunals: 1993 To 2003, Kelly D. Askin

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava

Human Rights Brief

No abstract provided.

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts

Fordham Urban Law Journal

Unlike rules governing discovery in civil cases, which require that the two sides exchange most information about their respective cases, criminal discovery result in a much more limited flow of information. Many commentators, for many years, have called for the liberalization of criminal discovery statutes and rules. Indeed, some states have heeded the call. But about a dozen states follow the highly restrictive federal rule, which is premised in part on the idea that a defendant should not be entitled to witness names or statements for pretrial investigation, but rather only for cross-examination purposes should the case ever get to …

How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer

Journal of Law and Health

This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …

Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs

Cleveland State Law Review

This Note argues that an erection under these circumstances does not indicate consent to engage in sexual activity. Part II of this Note explores the reality of male sexual assault and offers various medical, psychological, sociological, and cultural reasons to explain why a male victim may maintain an erection while being sexually assaulted and/or raped. Part II also explores the complex relationship between physical arousal and sexual desire. Part III provides a legal background to both the law's treatment of male sexual assault generally and in specific instances where the male victim maintained an erection during his assault. This part …

The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel

Cleveland State Law Review

In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.

The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …

New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This article addresses the general principles of attempt liability, including a description of the doctrines of factual and legal impossibility and the rationale behind the historical treatment of these defenses. Part III describes recent Internet attempt cases, and Part IV analyzes issues raised by such cases. This article suggests that the new Internet cases provide further rationale for rejecting a distinction between factual and legal impossibility that would allow the latter to be a defense. This article also discusses issues surrounding the appropriate mens rea for attempt, and its applicability to Internet cases, where the defendants claim ignorance or indifference …

Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Consistently Revealing The Inconsistencies: The Construction Of Fear In The Criminal Law, Camille Nelson

Scholarly Articles in Law Reviews & Journals

This article focuses on the objective reasonable person standard in criminal law through the context of self defense and rape and their problematic construction. This article seeks to illustrate to law students the inconsistency of the aimed objective construction of the reasonable person standard because of its inherently subjective application. By examining People v. Goetz and State v. Alston, this article seeks to explore how societal norms reveal the undercurrent of negative associations of both gender and racial identity that lead to a subjective application of the reasonable person standard.

In Goetz, the defendant was able to successfully draw on …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Derecho Penal, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responbilility-Entrapment Debate, Katrice Bridges Copeland

Faculty Scholarship

This Note argues that Section 3E1.1 of the Federal Sentencing Guidelines must be interpreted to allow defendants who claim entrapment at trial to remain eligible for the acceptance-of-responsibility adjustment. To interpret Section 3E1.1 in any other way would run afoul of defendants' constitutional right to present a defense. Part I argues that the entrapment defense does not put factual guilt at issue; instead the entrapment defense challenges whether the statute should apply to the defendant's conduct. Part II contends that the legislative intent in creating the sentencing guidelines in general and the acceptance-of-responsibility adjustment in particular are furthered by requiring …

Is There A Basis For The Argument That The Detainees At Guantanamo Bay Are Entitled To Constitutional Protections?, Mark Pustay

War Crimes Memoranda

No abstract provided.

The Icc Has Jurisdiction Where War Crimes, Crimes Against Humanity Or Genocide Are Committed Within The Territory Of A State Party. Can It Also Prosecute Those Who Plan Or Order Such Crimes, If They Do So Outside The Territory Of A State Party And If They Are Not Nationals Of A State Party?, Christa A. Grywalsky

War Crimes Memoranda

No abstract provided.

The Paradox Of Private Policing, Elizabeth E. Joh

Journal of Criminal Law and Criminology

No abstract provided.

Proportionality Between Crimes, Offenses, And Punishments, James Headley

St. Thomas Law Review

Blackstone said of the Roman Empire, after it embraced unjust laws, "and then the Empire Fell. The United States Supreme Court embraces unjust laws and is inconsistent regarding substantive due process and proportionality in criminal cases, and substantive due process and proportionality in civil cases. The Due Process Clause and the Eighth Amendment's prohibition against cruel and unusual punishment require proportionality and fairness, meaning that the punishment must fit the crime, and that the penalty must be appropriate to the offense. Throughout a long history of jurisprudence, the Supreme Court has developed or embraced two varying theories of due process …

Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin

Articles

No abstract provided.

The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill

Seattle University Law Review

In Washington, precedent supports the application of a heightened level of appellate scrutiny to probationary conditions that infringe on fundamental liberties, but this scrutiny is often inconsistently applied and frequently heightened in name alone. This Comment argues that, because the justification for appellate court deference toward the trial courts' creation of probationary conditions has disappeared in the context of SOAP orders, appellate courts faced with such orders should more rigorously examine the trial court decisions. This heightened scrutiny is justified because SOAP orders infringe on the state-recognized right of intrastate travel. Further, based on an examination of the research on …

You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler

Seattle University Law Review

Townsend is worth examining for two additional reasons. First, Townsend illustrates the palpable need for the legislature to update the WPA. The underlying problem in Townsend was the application of a statute that was written in the era of rotary telephones to the issues that arise in modem electronic communications. Because of the inherent differences between electronic and traditional media, novel questions invariably arise that cannot be readily answered by resorting to existing doctrines. Finally, the plain language of the current statute has absurd results when applied to the modem infrastructure of the Internet. Part II of this Note discusses …

Restored To Health To Be Put To Death: Reconciling The Legal And Ethical Dilemmas Of Medication To Execute In Singleton V. Norris, Kursten Hensl

Villanova Law Review (1956 - )

No abstract provided.