Criminal Law Commons^™

After Billions Spent To Comply With Hipaa And Glba Privacy Provisions, Why Is Identity Theft The Most Prevalent Crime In America, R. Bradley Mcmahon

Villanova Law Review (1956 - )

No abstract provided.

Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s post-conviction petition for a writ of habeas corpus to consider whether the district court’s entry of an amended judgment of conviction provided good cause to extend the one-year limitation set forth in NEV. REV. STAT. 34.726(1) for filing a timely post-conviction petition for a writ of habeas corpus.

Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison

Nevada Supreme Court Summaries

Petitioner Sam Walker filed a writ of mandamus with the Nevada Supreme Court to challenge a district court order which granted a motion by the State to unseal Walker’s criminal records. The State brought its motion pursuant to Nevada Revised Statute 179.295.

According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca

War Crimes Memoranda

No abstract provided.

At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick

War Crimes Memoranda

No abstract provided.

Did The Plenary Have The Power To Adopt Rule 11bis?, Vivian M. Hermiz

War Crimes Memoranda

No abstract provided.

Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli

War Crimes Memoranda

No abstract provided.

Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler

War Crimes Memoranda

No abstract provided.

Hazing And Initiation Rites As International War Crimes, John R. Tullio

War Crimes Memoranda

No abstract provided.

Is Incitement To Commit Genocide A Continuing Crime Such That Acts Committed Outside The Temporal Jurisdiction Of The Ictr Can Be Considered In Prosecuting An Accused?, Kam F. Siu

War Crimes Memoranda

No abstract provided.

Is There Authority For Allowing The Statement Of A Dead Witness As To The Acts And Conduct Of The Accused As Charged In The Indictment To Be Admitted In Evidence To The Ictr, Jonathan Luis-Lancho Van Balen

War Crimes Memoranda

No abstract provided.

Joint Criminal Enterprise - What Is The Degree Of Participation Required For Conviction? An Exhaustive Memo Of The Jurisprudence On Joint Criminal Enterprise., Christopher J. Knezevic

War Crimes Memoranda

No abstract provided.

The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum

War Crimes Memoranda

No abstract provided.

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.

The Legitimacy Of Article 4(B) And The Status Of Unamsil As Civilians Under The International Law Of Armed Conflict, Christopher M. Mclaughlin

War Crimes Memoranda

No abstract provided.

The Prosecutor’S Duty To Disclose Exculpatory Evidence To The Defense And The Method And Timing Of Such Disclosure, Matthew R. Roznovak

War Crimes Memoranda

No abstract provided.

The Reconcilability Of The Nahimana “Media Case” Decision For Direct And Public Incitement To Commit Genocide And Persecution As A Crime Against Humanity With U.S. Free Expression Law, Philip E. Hamilton

War Crimes Memoranda

No abstract provided.

To What Extent Can The Special Court For Sierra Leone Constitutionally Issue An Exterritorial Subpoena To A Non-Resident Witness To Testify Before The Court, Lukas M. Grabiec

War Crimes Memoranda

No abstract provided.

Whether The Referrals To The Icc By Uganda And The Democratic Republic Of Congo Violate The Principle Of Complementarity, Andrea Telloni

War Crimes Memoranda

No abstract provided.

Does Security Council Resolution 1503 That Calls For Referral Of Ictr And Icty Cases To National Jurisdictions (And Which Was Adopted, As Were The Icty And Ictr Statutes, Pursuant To Chapter 7 Of The Charter Of The United Nations, Expand The Jurisdiction Of These Nations Over The Relevant Crimes? If The Language Of The Resolution Is Inadequate, Can It Be Done By A More Explicit Security Council Resolution?, John T. Rotterman

War Crimes Memoranda

No abstract provided.

A Statutory Approach To Criminal Law, Kevin C. Mcmunigal

Faculty Publications

Article suggests that learning about criminal statutes should be incorporated into teaching criminal law.

Rethinking Miranda: Custodial Interrogation As A Fourth Amendment Search And Seizure, 37 U.C. Davis L. Rev. 1109 (2004), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Sexually Violent Predator Laws: Psychiatry In Service To A Morally Dubious Enterprise, Eric S. Janus

Faculty Scholarship

This article discusses the role of psychiatrists in determining the treatment of sexually violent predators (SVP). Instead of being released at the end of their prison sentences, sex offenders in the USA who are judged mentally disordered and dangerous are being confined in secure "treatment facilities" for indeterminate terms. This novel and aggressive legislative tactic—embodied in US sexually violent predator laws—commandeers the traditional power of state mental health systems and puts it in service to a core function of the criminal justice system: the control of sexual violence. This transposition of "civil commitment" has forced psychiatry to legitimate and arbitrate …

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

University of Richmond Law Review

No abstract provided.

A Bad Bet: Federal Criminalization Of Nevada's Collegiate Sports Books, Ronald J. Rychlak

Nevada Law Journal

No abstract provided.

"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article analyzes how current U.S. criminal law addresses the problem of securing a homicide conviction where multiple defendants are accused in a child's non-accidental death. Part III sets forth the English response: a statute that includes (1) a new substantive crime; (2) a permissible negative inference against a defendant who fails to account for the non-accidental death of a child for whom he or she is responsible; and (3) delay of a motion to dismiss for failure to establish a prima facie case until after the defense has been presented or the jury has been allowed to draw the …

Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Continuing Crimes In The Rome Statute, Alan Nissel

Michigan Journal of International Law

One of the most ambitious goals of the International Criminal Court is to balance the ideal of ending impunity with the legalistic protection of the accused from the arbitrary application of law. Accordingly, the main task of this Article will be to determine when continuing crimes will fall under the jurisdiction of the International Criminal Court according to the established primary and secondary sources of international law-i.e., within the rule of law.

Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell

Research Reports & White Papers

Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.

In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …

Appointed But (Nearly) Prevented From Serving: My Experience As A Grand Jury Foreperson, Phyllis L. Crocker

Law Faculty Articles and Essays

In summer 2003, I was a grand jury foreperson for the Cuyahoga County Court of Common Pleas in Cleveland, Ohio. The service of this grand jury, and my tenure as foreperson, were unique in the annals of grand juries. We were selected and sworn in the same manner as any grand jury, but heard cases for only one day of our four-month term-the last day. In the interim, the prosecutor filed cases in two courts, seeking to discharge us, as being “tainted” by our supervising judge's initial instructions about our duties and the law. I begin this essay with basic …