Criminal Law Commons^™

Justice For Iraq, Justice For All, Michael J. Frank

Oklahoma Law Review

No abstract provided.

Preface, Tanina Rostain, Donald H. Zeigler

NYLS Law Review

No abstract provided.

Unpatriotic Acts: An Introduction, Sadiq Reza

NYLS Law Review

No abstract provided.

The Material Witness Statute Post September 11: Why It Should Not Include Grand Jury Witnesses, Robert Boyle

NYLS Law Review

No abstract provided.

The Jose Padilla Story, Donna R. Newman

NYLS Law Review

No abstract provided.

Turning The Tables: Using The Government’S Secrecy And Security Arsenal For The Benefit Of The Client In Terrorism Prosecutions, Sam A. Schmidt, Joshua L. Dratel

NYLS Law Review

No abstract provided.

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii

NYLS Law Review

No abstract provided.

United States V. Gayle, Christine Aubin

NYLS Law Review

No abstract provided.

United States V. Jarrett, Andres A. Munoz

NYLS Law Review

No abstract provided.

United States V. Irving, Jared Spitalnick

NYLS Law Review

No abstract provided.

Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner

School of Law Faculty Publications

Cybercrime creates unique challenges for the reactive model of crime control that has been predominant for approximately the last century and a half. That model makes certain assumptions about crime, which derive from characteristics of real-world crime. These assumptions do not hold for cybercrime, so the reactive model is not an appropriate means of dealing with online crime. The article explains how modified principles of criminal law can be utilized to implement a new, non-reactive model which can deal effectively with cybercrime. This model of distributed security emphasizes prevention, rather than reaction, which is achieved by holding citizens liable for …

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

Richmond Journal of Law and the Public Interest

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 …

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The crimes are not any worse than they used to be. They run, as crimes do, from the banal to the barbarous. But punishment seems to have taken on a life of its own.

There are people serving more than twenty years for nonviolent drug offenses. There are people serving more than thirty years for car theft, burglary, and unarmed robbery--crimes for which a harsh sentence used to be ten years. One Oklahoma woman is serving a thirty-five year sentence for "till-tapping"--stealing money out of cash registers--when she was in the throes of a heroin addiction. It is impossible to …

Eroding Confidentiality In Delinquency Proceedings: Should Schools And Public Housing Authorities Be Notified?, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

In this Article, Professor Henning examines how schools and public housing authorities obtain juvenile records and explains how these institutions may use the records to exclude children and their families from the basic benefits of education and housing. Drawing on recent research in the field of developmental psychology, Professor Henning reevaluates early assumptions about adolescents' amenability to treatment and the impact of stigma on children and explores the practical implications of sharing records with schools and public housing authorities, questioning whether new confidentiality exceptions actually will yield the expected benefits of improved public safety. She concludes that legislators should deny …

Folktales Of International Justice, David Luban

Georgetown Law Faculty Publications and Other Works

When Laura Dickinson asked me to participate on this panel, she very nicely said that she hoped I could bring a different perspective to the discussion. I thought I knew what she meant. The other panelists share a profound knowledge of how international criminal-law institutions work. My "different perspective" would therefore be the perspective of abject ignorance.

Taking comfort from the Socratic dictum that there is wisdom in knowing what you do not know, I accepted the invitation because it gives me the opportunity to pose questions rather than proposing answers. I will raise my questions by examining some stories …

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Defenders bear witness to an awful social experiment gone awry. Punishment has taken the place of every other intervention because it is so simple. It divides the world neatly into good people and bad, the worthy and unworthy, victims and perpetrators. Once we punish the bad, the unworthy, the perpetrators, the rest of us can rest easy. We can say that we are different from them. We can wag our finger at them and assert our moral superiority. In this social and political climate, hardly anyone ever asks why. Why did this man or woman end up this way? What …

Toward A Criminal Law For Cyberspace: A New Model Of Law Enforcement?, Susan W. Brenner

School of Law Faculty Publications

This article argues that one consequence of the increasing proliferation of computer technology and the attendant migration of human activities, including illegal activities, into cyberspace is that the efficacy of our traditional approach to enforcing the criminal law is eroding. (1) As Section II explains, it is already apparent that the traditional model is not an effective means of dealing with cybercrime, i.e., crime the commission of which entails the use of computer technology. (2)

We are therefore seeing the emergence of an alternative approach to law enforcement, (3) one that emphasizes collaboration between the public and private sectors and …

Reluctant Participants In Restorative Justice? Youthful Offenders And Their Parents, David R. Karp Phd, Gordon Bazemore

School of Leadership and Education Sciences: Faculty Scholarship

This paper examines offender and parental involvement in the Vermont Juvenile Restorative Panels Program. In this program, juvenile offenders on probation appear before citizen-run boards to negotiate the terms of their probation, which may include apologies, community service, restitution, and competency development tasks. Victims and parents of the offender also participate. This study reports findings from a qualitative analysis of 22 cases, including observations of panel meetings and interviews with program coordinators, offenders, parents, and victims. We find that offenders vary in the level of participation as well as in their willingness to take responsibility. Parents do not understand the …

The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Mens Rea For The Crime Of Providing Material Resources To A Foreign Terrorist Organization, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells

University of Richmond Law Review

No abstract provided.

On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens

Articles

No abstract provided.

Apprendi And Federalism, Peter B. Rutledge

Scholarly Works

Since the emergence of the Apprendi majority and its newly minted (and evolving) constitutional limits on criminal punishment, many commentators have begun to address its implications for the horizontal relations between the branches of government — between legislators and courts, between judges and juries, and between judges and prosecutors. Less widely addressed, though equally (if not more) important, has been the Apprendi doctrine’s implications for vertical relations, particularly federalism.

This essay seeks to begin to fill that lacuna in the literature. Part I explains how Apprendi undermines principles of federalism, a curious tension because several of Apprendi’s strongest defenders, particularly …

Universal Criminal Jurisdiction, Douglass Cassel

Journal Articles

Universal criminal jurisdiction is an important tool in the worldwide struggle to end impunity for serious international crimes.

Universal criminal jurisdiction is the principle of international law that permits any nation to prosecute certain serious international crimes, regardless of where they are committed, by whom or against whom, or any other unique tie to the prosecuting nation. The Recommendation applies whether or not an accused is in custody and does not address the separate topics of universal jurisdiction in civil cases or the immunities of senior government officials before foreign national courts.

Universal criminal jurisdiction developed over time as a …

The United States Supreme Court Rulings On Detention Of "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel

Journal Articles

In three rulings on prolonged military detention of so-called "unlawful enemy combatants" in the "war" against terrorism, the United States Supreme Court in June 2004 shielded the rule of law from some of the more extreme excesses of the Bush Administration. However, the Court also yielded some ground and left open a number of troublesome questions.

The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner

Scholarship@WashULaw

This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of “criminality” within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element, spoken of in many circles as “oppositional culture” constitutes a bold and calculated rejection of destructive mainstream values that have perpetuated social inequalities and power imbalances. African American resistance culture is captured by novelist John Edgar Wideman in his account of his brother ’s criminal lifestyle and the …

What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little

Faculty Scholarship

No abstract provided.

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

The Future Of American Sentencing: A National Roundtable On Blakely, Ronald J. Allen, Albert Alschuler, Douglas A. Berman, Stephanos Bibas, Frank O. Bowman Iii, Daniel P. Blank, Charles R. Breyer, Steven Chanenson, Michael R. Dreeben, Margareth Etienne, Jeffrey L. Fisher, Patrick Keenan, Joseph E. Kennedy, Nancy J. King, Susan J. Klein, Rory K. Little, Marc L. Miller, J. Bradley O'Connell, David Porter, Kevin R. Reitz, Daniel C. Richman, Kate Stith, Barbara Tombs, Richard B. Walker, Robert Weisberg, Robert F. Wright Jr., Jonathan Wroblewski, David N. Yellen

Faculty Scholarship

In the wake of the dramatic Supreme Court decision in Blakely v. Washington, Stanford Law School convened an assembly of the most eminent academic and professional sentencing experts in the country to jointly assess the meaning of the decision and its implications for federal and state sentencing reform. The event took place on October 8 and 9, just a few months after Blakely came down and the very week that the Supreme Court heard the arguments in United States v. Booker and United States v. Fanfan, the cases that will test Blakely's application to the Federal Sentencing Guidelines. Thus the …