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Articles 15181 - 15210 of 27911

Full-Text Articles in Criminal Law

Summary Of Buchanan V. State, Akke Levin Jan 2003

Summary Of Buchanan V. State, Akke Levin

Nevada Supreme Court Summaries

Appeal from a judgment by the Second Judicial District Court of Washoe County, convicting Denise Dianna Buchanan of two counts of first-degree murder.

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Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner Jan 2003

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Scholarly Articles

This article addresses a paradigmatic risk-based collateral sanction, the so-called civil confinement. In contrast to many other collateral sanctions, it does not follow automatically but is judicially imposed following a hearing. In Hendricks v. Kansas (1997) the Supreme Court specifically upheld involuntary confinement following a criminal justice sentence for a sexually violent predator. The Kansas statute mandated confinement based on an assessment of dangerousness which had to result from a mental abnormality. Once it characterized the sanction as civil, the Court concluded that procedural protections traditional in the criminal context, such as double jeopardy, do not apply. The narrow majority …

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Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman Jan 2003

Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Jacob's Legacy: Sex Offender Registration And Community Notification Laws, Practice And Procedure In Minnesota, Wayne A. Logan Jan 2003

Jacob's Legacy: Sex Offender Registration And Community Notification Laws, Practice And Procedure In Minnesota, Wayne A. Logan

Scholarly Publications

Triggered in significant part by the October, 1989, abduction of eleven-year-old Jacob Wetterling in rural St. Joseph, Minnesota, Americans during the 1990s were beset by a "moral panic" over convicted sex offenders living in their midst. To be sure, this panic in itself was not unprecedented in American history. At regular intervals throughout the twentieth century, heinous sexual victimizations, of women and children in particular, preoccupied the nation, often after receiving intense media attention. The 1990s panic, however, was unique in its force and scope, taking tangible form in what has been aptly called a "'legislative' panic." As a result …

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The Importance Of Purpose In Probation Decision Making, Wayne A. Logan Jan 2003

The Importance Of Purpose In Probation Decision Making, Wayne A. Logan

Scholarly Publications

Articulation of purpose is, and should be, an important feature of any governmental activity. Since 1962, and the publication of the Model Penal Code, governments have increasingly seen fit to identify the purposes of punishment. To the extent such purposes have been expressly identified, however, they have primarily related to imprisonment, informing the duration inquiry. Governments have been far less dedicated to the articulation of the purposes of probation, a disposition that today easily accounts for the majority of penal outcomes in U.S. courts. This paper explores the role of purpose in probation decision making. It begins with a historical …

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Looking Up, Down And Across: The Icty's Place In The International Legal Order, Mark A. Drumbl Jan 2003

Looking Up, Down And Across: The Icty's Place In The International Legal Order, Mark A. Drumbl

Scholarly Articles

Not available.

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Living "Off-Stage": The Semiotic Potential Of Narrative In Paula Johnson's Inner Lives: Voices Of African-American Women In Prison, Emily Houh Jan 2003

Living "Off-Stage": The Semiotic Potential Of Narrative In Paula Johnson's Inner Lives: Voices Of African-American Women In Prison, Emily Houh

Faculty Articles and Other Publications

The hopelessness and hopefulness in the voices of the women profiled in Inner Lives exemplify a semiotic response to the racism that permeates the criminal justice and prison systems in the United States. This article asks how, in the telling of their stories and living of their lives, the incarcerated and formerly incarcerated women profiled in the book engage in a working semiotics. The extraordinary thing about the narratives collected by Johnson is that they describe how women who have been placed at the very bottom of the American social consciousness are successfully constructing their own image-repertoires rather than accepting …

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Criminal Law—The Restraint Of Common Sense, Not Violent Abusers: The Minnesota Supreme Court’S Misguided Analysis In State V. Colvin, Marc M. Schifalacqua Jan 2003

Criminal Law—The Restraint Of Common Sense, Not Violent Abusers: The Minnesota Supreme Court’S Misguided Analysis In State V. Colvin, Marc M. Schifalacqua

William Mitchell Law Review

This case note explores the history of protective orders both around the country and in Minnesota. It analyzes the law of burglary and its recent interaction with OFP violations in Minnesota, and then summarizes the Colvin case's facts, procedural history, and Minnesota Supreme Court decision. Subsequently, this note criticizes the court's decision amid its apparent misapplication of the trial court record and relevant law. Finally, the note analyzes Colorado's approach to the issue of whether an OFP violation can satisfy the predicate crime requirement of burglary.

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The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley Jan 2003

The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley

Faculty Articles and Other Publications

One cannot adequately consider whether the current administration of the death penalty in America measures up to modern notions of decency without doing so in light of the revolution that has occurred over the past decade in the American criminal-justice system - the Innocence Revolution. Up through the 1990s, as a society, we believed our criminal-justice system was highly accurate, but the recent advent of DNA testing and other advanced technologies has demonstrated the naiveté of such beliefs. This article will discuss the history of the Innocence Revolution, examine the impact of that revolution on our society, and ask: "What …

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Symposium: Issues In Bioterrorism -Introduction, Jessica Wilen Berg Jan 2003

Symposium: Issues In Bioterrorism -Introduction, Jessica Wilen Berg

Faculty Publications

This issue of Health Matrix focuses on the legal issues involving bioterrorism.

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Queering Domestic Violence To Straighten Out Criminal Law: What Might Happen When Queer Theory And Practice Meet Criminal Law's Conventional Responses To Domestic Violence, Adele M. Morrison Jan 2003

Queering Domestic Violence To Straighten Out Criminal Law: What Might Happen When Queer Theory And Practice Meet Criminal Law's Conventional Responses To Domestic Violence, Adele M. Morrison

Law Faculty Research Publications

No abstract provided.

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The Council Of Europe Convention On Cybercrime, Mike Keyser Jan 2003

The Council Of Europe Convention On Cybercrime, Mike Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Criminal Jurisdiction Under The U.S.-Korea Status Of Forces Agreement: Problems To Proposals, Yoon-Ho Alex Lee Jan 2003

Criminal Jurisdiction Under The U.S.-Korea Status Of Forces Agreement: Problems To Proposals, Yoon-Ho Alex Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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No Price Too High : Victimless Crimes And The Ninth Amendment, Robert M. Hardaway Jan 2003

No Price Too High : Victimless Crimes And The Ninth Amendment, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Hardaway argues the criminalization of victimless crimes violates the Ninth Amendment to the U.S. Constitution and creates enormous public policy problems in the society. He contends that the Ninth Amendment adjudication model and the concepts of self-determination and the harm principle are the standards to which privacy issues should be litigated. Hardaway contends that privacy issues should be litigated under the standards of the Ninth Amendment to the U.S. Constitution adjudication model, concepts of self-determination, and the harm principle. The Ninth Amendment follows the true beliefs of the founding fathers and their adherence to Natural Law, autonomy, liberty, and the …

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Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty Jan 2003

Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty

William Mitchell Law Review

In 1995, Minnesota created a blended sentencing option for serious, violent juvenile offenders. Under this new option, Extended Juvenile Jurisdiction (“EJJ”), the juvenile court retains jurisdiction over the offender until age 21. In EJJ cases the court also imposes an adult sentence, which is stayed on the condition that the offender complies with the conditions of probation. Since the passage of the EJJ statute, the Minnesota Supreme Court has issued a limited number of opinions reviewing EJJ cases. State v. B.Y., issued April 24, 2003, involves an issue of first impression. The B.Y. opinion addresses standards to be applied in …

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Toward A Criminology Of International Crime, Mark A. Drumbl Jan 2003

Toward A Criminology Of International Crime, Mark A. Drumbl

Scholarly Articles

The criminal adjudication of those who perpetrate egregious human rights violations has gained normative currency among international lawyers and rights activists. This norm has encouraged the construction of a variety of international legal institutions, specifically tribunals and courts. This Article tracks the logic of this norm and suggests that, at its root, it represents a general extension of Western municipal criminal law, and Anglo-American common law methodologies in particular, to the international context and cases of mass violence. This triggers two interrelated concerns: is this extension (1) theoretically sustainable and (2) operationally effective for adjudicating wrongdoing in all cases of …

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Can A Model Penal Code Second Save The States From Themselves?, Michael T. Cahill, Paul H. Robinson Jan 2003

Can A Model Penal Code Second Save The States From Themselves?, Michael T. Cahill, Paul H. Robinson

Faculty Scholarship

No abstract provided.

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Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman Jan 2003

Misuse Of Scientific Evidence By Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutor's misuse of scientific evidence to charge and convict has not been sufficiently examined. Courts and commentators critiquing abuses of scientific evidence in criminal cases rarely focus on the prosecutor's role in the process. Issues typically discussed are the questionable nature of the evidence, the controversial manner in which the evidence was acquired and tested, whether the expert arrived at her conclusions in a scientifically reliable manner, and whether the expert's courtroom testimony was false or misleading. The prosecutor's control over and manipulation of the scientific evidence to shape the fact-finder's evaluation of the facts and to persuade the …

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Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward Jan 2003

Snapshots: Holistice Images Of Female Offenders In The Criminal Justice System, Jennifer Ward

Fordham Urban Law Journal

This Essay attempts to pull together the various threads of thought regarding the relationships between gender, race, and class within the justice system, and suggests possible patterns that could be used to create holistic images of female offenders. Part I provides a brief overview of the various explanations used over time to account for criminal behavior by women. Part II details the ways in which gender can affect the processes of the criminal justice system. Part III discusses the impact that race can have on the female offender's experience in the system. Part IV briefly overviews the types of influences …

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The Battered Women Syndrome In Florida: Junk Science Or Admissible, Jay B. Rosman Jan 2003

The Battered Women Syndrome In Florida: Junk Science Or Admissible, Jay B. Rosman

St. Thomas Law Review

In this paper I will examine the admissibility of the battered woman syndrome in Florida as scientific evidence. At the outset I recognize many differing audiences title the syndrome in different ways. My focus is not on the correctness of its title but upon its admissibility in courts in Florida. My overall perspective is based on standards set forth by the Frye' and Dauber? cases. In order to understand the syndrome, it will be necessary to first look at the concept of domestic violence. It will also be important to consider what the term battered woman syndrome means. After discussing …

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Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur Jan 2003

Tracking The Circulatory Of Confession Jurisprudence After Massiah & (And) Miranda: Can A Superficial Application Of Property Law Make Sense Out Of Nonsense?, Rory Bahadur

St. Thomas Law Review

After Miranda v. Arizona and Massiah v. United States, there were arguably three doctrinally separate methodologies for determining the admissibility of confessions in criminal proceedings. The interaction of these three doctrines has generated a complex, contradictory, somewhat inexplicable, and chaotic jurisprudence. This paper re-examines the post- Miranda interaction of the three doctrines, and argues that basic property law provides a conceptual framework for reconciling what appears to be an otherwise arbitrary and unpalatable collection of Supreme Court decisions. Section one briefly examines the totality of the circumstances test and the Miranda and Massiah decisions themselves, not from the standpoint of …

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Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin Jan 2003

Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin

Fordham Urban Law Journal

This Study is one of the first to look at the mentally ill during the pre-arraignment process. The pre-arraignment process is an excellent place to identify individuals with mental health and substance abuse problems, to examine those problems, to consider legal interventions, such as diversion or routing to specialized courts, for instance, drug and mental health courts, and to plan for community mental health, substance abuse, health, and social service interventions. Following a brief review of the literature on rates of substance abuse and mental health problems for ciminal justice populations, the process from arrest to arraignment in Kings County …

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No Guns Or Butter For Thomas Bean: Firearms Disabilities And Their Occupational Consequences, Mark M. Stavsky Jan 2003

No Guns Or Butter For Thomas Bean: Firearms Disabilities And Their Occupational Consequences, Mark M. Stavsky

Fordham Urban Law Journal

Through the case of Thomas Bean, a firearms dealer convicted of a felony and subsequently denied his firearms license and right to possess firearms, this Article discusses the injustice that occurs when the law arbitrarily denies an individual his occupation merely because he is a felon. The Article argues that 18 U.S.C. § 925(c) gives the Bureau of Alcohol, Tobacco, and Firearms the power to review a petition to restore those rights but that Congress has rendered the statute useless by depriving the Bureau of funding to investigate such petitions. Because this denies individuals, like Bean, the ability to reenter …

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Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant Jan 2003

Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant

Seattle University Law Review

It was in this spirit that the Board of Judicial Administration created the Washington State Jury Commission in June 1999. The Commission's mandate was to "conduct a broad inquiry into the jury system and examine issues including ... juror responsiveness, citizen satisfaction from jury service, adequacy of juror reimbursement, and improving juror participation in trials." This Article sets forth a brief summary of the Commission's work and examines, in more detail, certain, specific recommendations of the Commission, including those that have been implemented and those that have not. In addition, this Article provides an update on the status of the …

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Culture And Contempt: The Limitations Of Expressive Criminal Law, Ted Sampsell-Jones Jan 2003

Culture And Contempt: The Limitations Of Expressive Criminal Law, Ted Sampsell-Jones

Seattle University Law Review

This Article will attempt to highlight certain important features of the expressive function of criminal law that have been neglected. Bringing these elements into higher relief will add to our understanding of how expressive criminal law works and, in particular, how it can fail to work as intended. This article will look closely at one example of the operation of expressive criminal law. The example comes from the area of criminal drug policy, and will examine how expressive drug laws have functioned in the street subculture of urban minority communities. Part II, describes street ideology and the social meanings of …

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In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch Jan 2003

In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch

UIC Law Review

No abstract provided.

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Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich Jan 2003

Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich

UIC Law Review

No abstract provided.

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Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr. Jan 2003

Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr.

UIC Law Review

No abstract provided.

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How Low Can You Go (Down The Ladder): The Vertical Reach Of Rico, 37 J. Marshall L. Rev. 1 (2003), Scott Paccagnini Jan 2003

How Low Can You Go (Down The Ladder): The Vertical Reach Of Rico, 37 J. Marshall L. Rev. 1 (2003), Scott Paccagnini

UIC Law Review

No abstract provided.

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The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind Jan 2003

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.

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