Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 14881 - 14910 of 27909

Full-Text Articles in Criminal Law

Not To Decide Is To Decide: The U.S. Supreme Court's Thirty-Year Struggle With One Case About Competency To Waive Death Penalty Appeals, Phyllis L. Crocker Jan 2004

Not To Decide Is To Decide: The U.S. Supreme Court's Thirty-Year Struggle With One Case About Competency To Waive Death Penalty Appeals, Phyllis L. Crocker

Law Faculty Articles and Essays

In 1995, the U.S. Supreme Court dismissed Rees v. Peyton, a case that had been on its docket since 1965. Rees was a death penalty case in which the petitioner sought to withdraw his petition for writ of certiorari so that he could be executed. The Court stayed the proceedings after Rees was found incompetent to waive his appeal, but the Court did not dismiss the case until after Rees died of natural causes. Rees pended in the Court during the terms of three Chief Justices. Even though the Court underwent major changes in personnel and philosophy during those years, …

Go to article

Case Note: Criminal Law—Dangerous, Not Deadly: Possession Of A Firearm Distinguished From Use Under The Felony-Murder Rule—State V. Anderson, Michael C. Gregerson Jan 2004

Case Note: Criminal Law—Dangerous, Not Deadly: Possession Of A Firearm Distinguished From Use Under The Felony-Murder Rule—State V. Anderson, Michael C. Gregerson

William Mitchell Law Review

This Note first briefly examines the history of the felony-murder doctrine both generally and in Minnesota. Second, this Note describes the decision and analysis in State v. Anderson, the latest case in Minnesota to deal with the felony-murder doctrine. Third, this Note concludes that in an effort to reach the right result, the court misapplied its previous precedent and left the lower courts with no clear standard for guidance in the future. Finally, this Note suggests that a workable standard might be found in limiting the application of the rule to deaths that occur in furtherance of the felony.

Go to article

Offense Grading And Multiple Liability: New Challenges For A Model Penal Code Second, Michael T. Cahill Jan 2004

Offense Grading And Multiple Liability: New Challenges For A Model Penal Code Second, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Go to article

Summary Of Molina V. State, 120 Nev. Adv. Rep. 21, Jeff Hall Jan 2004

Summary Of Molina V. State, 120 Nev. Adv. Rep. 21, Jeff Hall

Nevada Supreme Court Summaries

This case involves an appeal of a conviction entered on guilty pleas negotiated with the state. The defendant, Molina, alleged that he plead guilty because his lawyer’s inadequate assistance did not allow him to make an informed decision to plead guilty. He also contended that his attorney violated the attorney-client privilege by divulging communications between him and his attorney.

Go to article

Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo Jan 2004

Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo

Indiana Law Journal

No abstract provided.

Go to article

Home And Homelessness In The Middle Of Nowhere, William I. Miller Jan 2004

Home And Homelessness In The Middle Of Nowhere, William I. Miller

Book Chapters

In Iceland one must have a home; it is an offense not to-in some circumstances, a capital offense. A sturdy beggar was liable for full outlawry, which meant he could be killed with impunity. The laws are hard on vagrants. Fornication with a beggar woman was unactionable; it was lawful to castrate a vagabond, and he had no claim if he were injured or killed during the operation. One could take in beggars solely for the purpose of whipping them, nor was one to feed or shelter them at the Thing on pain of lesser outlawry. Their booths at the …

Go to article

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs Jan 2004

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

UF Law Faculty Publications

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, …

Go to article

Pretextual Use Of Search Warrants In Federal White Collar Criminal Investigations Of Legitimate Businesses To Conduct Custodial Interrogations Of Targets, Employees, And Occupants: Can They Really Do That?, Patrick R. James, Matthew R. House Jan 2004

Pretextual Use Of Search Warrants In Federal White Collar Criminal Investigations Of Legitimate Businesses To Conduct Custodial Interrogations Of Targets, Employees, And Occupants: Can They Really Do That?, Patrick R. James, Matthew R. House

University of Arkansas at Little Rock Law Review

No abstract provided.

Go to article

International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant Jan 2004

International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

Go to article

Combatting Money Laundering And International Terrorism: Does The Usa Patriot Act Require The Judicial System To Abandon Fundamental Due Process In The Name Of Homeland Security?, Joan M. O'Sullivan-Butler Jan 2004

Combatting Money Laundering And International Terrorism: Does The Usa Patriot Act Require The Judicial System To Abandon Fundamental Due Process In The Name Of Homeland Security?, Joan M. O'Sullivan-Butler

St. Thomas Law Review

The main question, therefore, in light of the terrorist attacks of September 11 th and the U.S. government's attempt to combat money laundering as a source of potential terrorist funding, is whether the government's use of secret evidence to justify a challenged blocking order represents a violation of the fundamental due process rights of the aggrieved party. In an attempt to evaluate this issue, the remainder of this essay is divided into four Parts. Part I provides an overview of the connection between money laundering and terrorism. Part II describes the statutory history and legislative background to the money laundering …

Go to article

Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace Jan 2004

Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace

Articles by Maurer Faculty

No abstract provided.

Go to article

Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg Jan 2004

Should Public Relations Experts Ever Be Privileged Persons?, Deniza Gertsberg

Fordham Urban Law Journal

This Comment addresses the issue of whether, and under what circumstances, a lawyer’s communications with a public relations expert, whose advice is only valuable to the extent that it is communicated fully and freely with the attorney, will be protected by the attorney-client privilege. This Comment focuses on the role of public relations firms in the criminal law context, where constitutional concerns often arise. The author begins by laying out the history and background of the attorney-client privilege, and how the defense lawyer’s role has changed as a result of the rise of mass media. The Comment then goes on …

Go to article

Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick Jan 2004

Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.

Go to article

Developments In Connecticut Criminal Law: 2005, Timothy Everett Jan 2004

Developments In Connecticut Criminal Law: 2005, Timothy Everett

Faculty Articles and Papers

No abstract provided.

Go to article

Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie Jan 2004

Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie

Faculty Publications

This article explores the ability of the International Criminal Tribunal for the former Yugoslavia to create and amend its own Rules of Procedure and Evidence. It also focuses on the manner in which the Tribunal addresses issues that arise, throughout the course of its proceedings, for which its statute and rules are silent. This article advances the theory that, when confronted with issues that are controversial, complex, or for which there is a lack of consensus among national legal systems or the Tribunal’s judiciary, the Court should simply decide the case before it rather that create broad and binding rules. …

Go to article

Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur Jan 2004

Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur

Faculty Scholarship

Although the long term impact of Blakely v. Washington is not yet clear, no one can doubt that the case raises a host of immediate, significant and perplexing practical questions for federal criminal defense attorneys. The Supreme Court has granted certiorari in a pair of cases raising Blakely issues and oral argument is scheduled for October 4, 2004. It seems likely that the Supreme Court will offer some guidance by Thanksgiving. Until the Court rules, uncertainty will continue as the lower courts interpret Blakely in disparate ways. Once the Court does rule, many hard questions may remain unanswered. This article …

Go to article

When Two Become One: Views On Fletcher's "Two Patterns Of Criminality", Deborah W. Denno Jan 2004

When Two Become One: Views On Fletcher's "Two Patterns Of Criminality", Deborah W. Denno

Faculty Scholarship

George Fletcher's Rethinking Criminal Law (“Rethinking”) is the ultimate cut-to-the-chase treatise. The book does not belabor the frailties of existing criminal law, but rather predicts an overhaul of much of its doctrine. This essay marks a tribute to Rethinking's influence by examining two of the book's well known “patterns of criminality”: (1) “manifest criminality,” which proposes that crimes are acts that any “objective” observer would clearly recognize as illegal without knowing anything about the mental state of the person committing those acts, and, in stark contrast, (2) “subjective criminality,” which suggests that crimes are consciously intended and experienced only by …

Go to article

Sarbanes-Oxley Act § 307 And Corporate Counsel: Who Better To Prevent Corporate Crime?, Peter J. Henning Jan 2004

Sarbanes-Oxley Act § 307 And Corporate Counsel: Who Better To Prevent Corporate Crime?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Go to article

Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley Jan 2004

Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley

Cleveland State Law Review

This article will trace the history of tribal criminal jurisdiction following the arrival of the colonists, through the foundation of the United States government, and will lead into where it stands today. On this journey, this article will discuss significant statutes and case law dealing with the role tribal courts have played in handling criminal jurisdiction in Indian country and will also discuss some important studies conducted by the Department of Justice Bureau of Justice Statistics and others on the current state of violent crime in Indian country, as well as the tribes' ability to handle it. Finally, this article …

Go to article

[N]Ot A Story To Pass On: Constructing Mothers Who Kill, Susan Ayres Jan 2004

[N]Ot A Story To Pass On: Constructing Mothers Who Kill, Susan Ayres

Faculty Scholarship

Toni Morrison has said in her Nobel acceptance speech, “We die. That may be the meaning of life. But we do language. That may be the measure of our lives.” How we “do language” in judicial decisions about infanticide can perhaps be compared to and informed by fiction such as Toni Morrison’s Beloved.

Beloved provides a fictional account of the life of a historical woman, a slave who escaped to freedom and then attempted to kill all four of her children, successfully killing one when her master came to claim her under the Fugitive Slave Act. In addition to …

Go to article

Shooting Ourselves In The Foot: Why Mandatory Reporting Of Gunshot Wounds Is A Bad Idea, Merril Pauls, Jocelyn Downie Jan 2004

Shooting Ourselves In The Foot: Why Mandatory Reporting Of Gunshot Wounds Is A Bad Idea, Merril Pauls, Jocelyn Downie

Articles, Book Chapters, & Popular Press

A recent position statement by the Ontario Medical Association’s Section on Emergency Medicine called on the Ontario government to pass a law requiring physicians to report gunshot wounds to police. The Ontario government quickly passed a motion to “introduce legislation to require hospitals and physicians to report gunshot wounds and knife injuries to their local police service.” The goals behind the position statement are laudable: “to assess and reduce immediate public risk and to collect data to inform future prevention strategies.” However, mandating that physicians report gunshot wounds is an ill-conceived response to the problem of gun-related violence. It will …

Go to article

So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports Jan 2004

So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports

Faculty Scholarship

Prior to 1970, the term "domestic violence" referred to ghetto riots and urban terrorism, not the abuse of women by their intimate partners. Today, of course, domestic violence is a household word. After all, it has now been ten years since the revelation of football star O.J. Simpson's history of battering purportedly sounded "a wake-up call for all of America"; ten years since Congress enacted legislation haled as "a milestone . . .truly a turning point in the national effort to break the cycle" of violence; and twenty years since Farrah Fawcett's portrayal of Francine Hughes in the movie The …

Go to article

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard Jan 2004

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard

Fordham Urban Law Journal

Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …

Go to article

The Adjudication Of Minor Offenses In New York City, Ian Weinstein Jan 2004

The Adjudication Of Minor Offenses In New York City, Ian Weinstein

Fordham Urban Law Journal

American criminal justice is founded on overcriminalization and discretion. Our legislatures have long criminalized much more conduct than can be effectively sanctioned. American police and prosecutors have been granted virtually unreviewable authority (discretion) to allocate investigative and prosecutorial resources. Minor crimes absorb the bulk of our ordinary, local enforcement efforts and there is an endless supply of minor crime, which may be pursued. With minor offenses, discretion is critical at all phases. This article argues that criminal courts, where ninety percent of all cases are heard, could benefit from reform. The author argues for the development of the record so …

Go to article

America's War On Drugs And Guns: The Detriments Of The Possession Standard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton Jan 2004

America's War On Drugs And Guns: The Detriments Of The Possession Standard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton

Richmond Public Interest Law Review

America's "War on Drugs" has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant's use or possession of the firearm. Congress amended Section 924 to include the term "possession" several years after the United States Supreme Court's decision in Bailey v. United States. The United States Supreme Court interpreted the "use" requirement of Section …

Go to article

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins Jan 2004

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins

Scholarly Articles in Law Reviews & Journals

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property, without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming unindicted co-conspirators, these reasons …

Go to article

Neighborhood, Crime, And Incarceration In New York City, Jeffery Fagan, Valerie West, Jan Holland Jan 2004

Neighborhood, Crime, And Incarceration In New York City, Jeffery Fagan, Valerie West, Jan Holland

Faculty Scholarship

Several new studies suggest that social and spatial incarceration of young males has become part of the developmental ecology of adolescence in the nation's poorest neighborhoods. This concentration began in the 1970s, and has grown steadily through the last quarter century.The story of young men such as Cesar in Random Family illustrates the pervasive effects of both direct and vicarious prison experiences for young men and women in poor neighborhoods. Studies of street life such as Random Family, Code of the Streets, and American Project show how these experiences are now internalized in the social and psychological fabric of neighborhood …

Go to article

Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher Jan 2004

Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher

Faculty Scholarship

The centrality of guilt in the criminal law provides puzzling perspective in the perennial debate on the nature and purpose of punishment. Why is it that all legal systems use this highly charged moral term to refer to an essential component of liability to punishment? This question is not easily answered. The reliance on the concept of guilt in the criminal law is suffused with paradox and mystery.

Go to article

Reforming Three Strikes’ Excesses, Michael Vitiello Jan 2004

Reforming Three Strikes’ Excesses, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Go to article

California's Three Strikes And We're Out: Was Judicial Activism California's Best Hope?, Michael Vitiello Jan 2004

California's Three Strikes And We're Out: Was Judicial Activism California's Best Hope?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Go to article

First Prev Next Last