Criminal Law Commons^™

Crossing The (Blue) Line: Is The Criminal Justice System The Best Institution To Deal With Violence In Hockey?, John Timmer

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the criminal justice system is ill-equipped to, and thus should refrain from, prosecuting professional hockey players for violent acts committed during the course of play. Part II examines professional hockey and provides background regarding the nature of violence in the sport. Part III then discusses the history of prosecution of violent acts committed during professional hockey games, both in Canada and in the United States, providing some context for the type of violent actions that are prosecuted. Part IV examines some of the problems that arise in the prosecution of professional hockey players, including all applicable …

And The Walls Came Tumbling Down: Sharing Grand Jury Information With The Intelligence Community Under The Usa Patriot Act, Jennifer M. Collins

Faculty Journal Articles and Book Chapters

No abstract provided.

Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell

Articles by Maurer Faculty

This Article adds to the debate a story of how hate crime law is enforced, based on the experiences of the police detectives who are required to enforce hate crime law. Part I of this Article provides a brief description of hate crime laws and argues that the police play an important role in the determination of how hate crime law is enforced and ultimately, whether defendants’ First Amendment rights will be respected. Part II describes critics’ concerns about defendants’ First Amendment rights and the narrow constitutional line that enforcers of hate crime law must walk between enforcing hate crime …

Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland

Cardozo Journal of Equal Rights & Social Justice

The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.

The Criminal Law Of The People's Republic Of China (1997): Real Change Or Rhetoric?, Ian Dobinson

Washington International Law Journal

The 1997 Criminal Law supposedly heralds the beginning of a new era in Chinese jurisprudence and criminal justice. There are doubts, however, over the degree to which the revisions are substantial or symbolic. On the one hand, it can be argued that by making the criminal justice system more rational and predictable, China is moving much closer to the "rule of law" as that term is understood in the West. On the other, it can be argued that the changes are mainly illusory and that, underneath the veneer of rhetoric, China's criminal justice system remains a crude and arbitrary tool …

Japan's Implementation Of The Oecd Anti-Bribery Convention: Weaker And Less Effective Than The U.S. Foreign Corrupt Practices Act, David L. Heifetz

Washington International Law Journal

In November 1997, the Organization for Economic Cooperation and Development ("OECD") adopted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions ("OECD Convention"). The preamble of the OECD Convention states that "bribery is a widespread phenomenon in international business transactions, ... which raises serious moral and political concerns, undermines good governance and economic development, and distorts international competitive conditions." All member countries signed the OECD Convention and thus were committed to implement it via the passage of domestic legislation by December 31, 1999. The Japanese promulgated new anti-bribery provisions to satisfy the mandates of the OECD …

News From The International Criminal Tribunals, Cecile E.M. Meijer

Human Rights Brief

No abstract provided.

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Cecile E.M. Meijer

Human Rights Brief

No abstract provided.

News From The International Criminal Tribunals, Chanté Lasco

Human Rights Brief

No abstract provided.

To Exhaust Or Not To Exhaust: The Prisoner Litigation Reform Act Requires Prisoners To Exhaust All Administrative Remedies Before Filing Excessive Force Claims In Federal Court, Danielle M. Mcgill

Cleveland State Law Review

This Note addresses this issue and recommends that excessive force claims be subject to the PLRA's exhaustion requirement, thereby requiring an inmate to exhaust administrative remedies before filing an excessive force suit in federal court. Requiring exhaustion for excessive force claims will help solve the problems associated with the overabundance of frivolous prisoner litigation and the federal judiciary's unnecessary interference into the nation's prison administrations. Moreover, the excessive force issue is in the forefront because the Supreme Court granted certiorari in Porter v. Nussle, a case dealing exclusively with this issue. The lower court, in Nussle v. Willette, allowed an …

Mitigation Evidence And Capital Cases In Washington: Proposals For Change, Mary Pat Treuthart, Anne Branstad, Matthew Kite

Seattle University Law Review

Part II of this article examines the United States Supreme Court's recognition of the importance of mitigation evidence in capital cases. Part III then focuses on the role of mitigation evidence in Washington's death penalty scheme. The following section, Part IV, addresses the public policy implications when mitigation evidence is not presented. Finally, Part V proposes changes to the current sentencing procedure in Washington involving capital crimes.

Rethinking Canine Sniffs: The Impact Of Kyllo V. United States, Amanda S. Froh

Seattle University Law Review

The argument develops as follows. Part II provides a general background on how the court has determined whether an investigative technique or device is a search within the meaning of the Fourth Amendment, and the implications for finding that something is a search. This section focuses primarily on Katz v. United States, the pivotal case in which the Supreme Court departed from previous Fourth Amendment jurisprudence by recognizing that the Fourth Amendment's core value is the protection of individual privacy, not the protection of places. In light of this background, Part III provides examples of how the Supreme Court has …

Fighting The War On Drugs In The Twenty-First Century: A Prosecutor's Perspective, William H. Ryan Jr.

Villanova Law Review (1956 - )

No abstract provided.

Alibi Defense Notice Requirments And Remedies For Failure, Erin Marks

War Crimes Memoranda

No abstract provided.

Can Additional Protocols I & Ii Apply To The Same Conflict & To Different Parties Within That Conflict?, Ratna Kancherla

War Crimes Memoranda

No abstract provided.

Comparative Jurisprudence On Participation Offenses: Joint Criminal Enterprise, Aiding, And Abetting In Jurisdictions For The International Criminal Tribunal For Rwanda, The International Criminal Tribunal For Yugoslavia, England (And Wales), Scotland, South Africa, Australia, New Zealand, Canada, And The United States, Cwru Law

War Crimes Memoranda

No abstract provided.

Contempt Proceedings: Who Has The Onus For Investigating And Initiating The Charges Of Contempt – The Prosecutor, The Judge Or A Third Party?, Jennifer M. Wetmore

War Crimes Memoranda

No abstract provided.

Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg

War Crimes Memoranda

No abstract provided.

Sentencing: An Assessment Of Rule 101 Of The Ictr Rules Of Procedure And Evidence, Federal Sentencing Laws In England, France And Other Countries As Well As In Prisoner-Receiving Countries, And The Kayishema/Ruzindana Judgement., Dora Kripapuri

War Crimes Memoranda

No abstract provided.

The Extent Of The Prosecutor’S Duty To Disclose Evidence In The Charge Of Genocide, Uma Arunachalam

War Crimes Memoranda

No abstract provided.

The Tu Quoque Defense, Stephanie Berlin

War Crimes Memoranda

No abstract provided.

Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews

War Crimes Memoranda

No abstract provided.

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt

Faculty Works

No abstract provided.

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

Michigan Journal of International Law

This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the …

The Blurry Line Between "Mad" And "Bad": Is "Lack-Of-Control" A Workable Standard For Sexually Violent Predators?, Georgia Smith Hamilton

University of Richmond Law Review

In January 1993, thirty-one-year-old Michael Crane entered a tanning salon in Johnson County, Kansas and exposed himself to the nineteen-year-old female attendant. Thirty minutes later, he entered a nearby video store and waited for all of the customers to leave. Once the store was empty, Crane exposed himself to the twenty-year-old female clerk, threatened to rape her, grabbed her by the back of the neck, and demanded that she perform oral sex on him. He then suddenly and abruptly stopped the attack and ran out ofthe store.

Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing

Michigan Journal of Race and Law

Sadly, the de-Americanization process is capable of reinventing itself generation after generation. We have seen this exclusionary process aimed at those of Jewish, Asian, Mexican, Haitian, and other descent throughout the nation's history. De-Americanization is not simply xenophobia, because more than fear of foreigners is at work. This is a brand of nativism cloaked in a Euro-centric sense of America that combines hate and racial profiling. Whenever we go through a period of de-Americanization like what is currently happening to South Asians, Arabs, Muslim Americans, and people like Wen Ho Lee-a whole new generation of Americans sees that exclusion and …

Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii

Faculty Publications

Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …

Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000.

Treat Your Women Well: Comparisons And Lessons From An Imperfect Example Across The Waters, Rana R. Lehr-Lehnardt

Faculty Works

A young woman could not endure another night with the elderly man she was forced to marry, so she slipped out of the house and spent the night with the young man she had loved for years and desperately wanted to marry. When the woman's father learned of the illicit behavior, he entered the police station where she had sought refuge and fired four shots at her. He shed his daughter's blood to cleanse the family's honor. Jordan, 1999

A jealous husband returned home from an evening at the mosque and accused his pregnant wife of having an affair. The …

Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In 1995 New York State revived the death penalty as a punishment for certain categories of murder, and established a “death row” for condemned men at the Clinton Correctional Facility in Dannemora, New York (variously, “Clinton” or the “Prison”). Four years later, in October 1999, two committees of the Association of the Bar of the City of New York (the “Association”) joined together to study the conditions of confinement on this death row--or, as it is officially called, the Unit for Condemned Persons (the “UCP”). These committees--the Committee on Corrections and the Committee on Capital Punishment--formed a joint subcommittee (the …