Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (7847)
- Criminal Procedure (7302)
- Legal Studies (7215)
- Criminology and Criminal Justice (7091)
- Sociology (7051)
-
- Criminology (6866)
- Constitutional Law (4333)
- Courts (2701)
- International Law (2247)
- Human Rights Law (2108)
- Comparative and Foreign Law (1958)
- Administrative Law (1732)
- Law and Society (1633)
- Law Enforcement and Corrections (1614)
- Civil Law (1588)
- Evidence (1449)
- Civil Rights and Discrimination (1428)
- State and Local Government Law (1345)
- Business Organizations Law (1262)
- Internet Law (1236)
- Natural Resources Law (1223)
- Rule of Law (1223)
- Legal Education (1187)
- Conflict of Laws (1140)
- Legislation (1139)
- International Trade Law (1134)
- Law and Gender (1083)
- Antitrust and Trade Regulation (1000)
- Institution
-
- Northwestern Pritzker School of Law (6833)
- Universitas Indonesia (1353)
- University of Michigan Law School (1134)
- Yeshiva University, Cardozo School of Law (871)
- Washington and Lee University School of Law (669)
-
- American University Washington College of Law (659)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (508)
- Maurer School of Law: Indiana University (494)
- Vanderbilt University Law School (464)
- Seattle University School of Law (453)
- Fordham Law School (412)
- Touro University Jacob D. Fuchsberg Law Center (385)
- University of Georgia School of Law (358)
- Columbia Law School (354)
- Case Western Reserve University School of Law (350)
- University of Kentucky (347)
- William & Mary Law School (345)
- University at Buffalo School of Law (342)
- University of Richmond (339)
- Illinois State University (335)
- UIC School of Law (325)
- West Virginia University (301)
- Villanova University Charles Widger School of Law (295)
- Cleveland State University (286)
- Brooklyn Law School (284)
- Schulich School of Law, Dalhousie University (268)
- Pace University (264)
- Southwestern Oklahoma State University (263)
- Roger Williams University (236)
- BLR (223)
- Keyword
-
- Criminal law (1607)
- Criminal Law (770)
- Criminal justice (740)
- Crime (576)
- Criminal Law and Procedure (536)
-
- Death penalty (493)
- Sentencing (476)
- Evidence (465)
- Criminal procedure (461)
- Justice (430)
- Capital punishment (385)
- Punishment (369)
- Criminology (337)
- Constitutional Law (309)
- Corrections (308)
- Law (290)
- Criminal (269)
- Qc (263)
- Qualitative criminology (263)
- Due process (251)
- Police (241)
- Crimes (240)
- Fourth Amendment (239)
- Supreme Court (237)
- Criminal Procedure (211)
- Constitutional law (196)
- Race (193)
- Rape (193)
- Sixth Amendment (187)
- Eighth Amendment (177)
- Publication Year
- Publication
-
- Journal of Criminal Law and Criminology (6672)
- Faculty Scholarship (1303)
- Jurnal Hukum & Pembangunan (1004)
- Michigan Law Review (636)
- Faculty Publications (397)
-
- Articles (347)
- Seattle University Law Review (340)
- Cardozo Law Review (330)
- Nevada Supreme Court Summaries (320)
- Scholarly Works (299)
- Touro Law Review (294)
- West Virginia Law Review (288)
- Kentucky Law Journal (263)
- Qualitative Criminology (QC) (263)
- War Crimes Memoranda (258)
- UIC Law Review (254)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (253)
- Indiana Law Journal (241)
- Vanderbilt Law Review (235)
- Buffalo Law Review (228)
- Washington and Lee Law Review (227)
- Villanova Law Review (1956 - ) (225)
- Articles by Maurer Faculty (212)
- University of Richmond Law Review (210)
- Cleveland State Law Review (204)
- Georgetown Law Faculty Publications and Other Works (203)
- Scholarly Articles in Law Reviews & Journals (202)
- Scholarly Articles (200)
- ExpressO (198)
- All Faculty Scholarship (183)
- Publication Type
- File Type
Articles 15751 - 15780 of 27930
Full-Text Articles in Criminal Law
The Commercial Activity Exception Under The Fsia, Personhood Under The Fifth Amendment And Jurisdiction Over Foreign States: A Partial Roadmap For The Supreme Court In The New Millennium, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan
The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan
Cleveland State Law Review
The essence of the argument is this: all punishment must be inflicted in cold blood; whatever damage we do to others not in cold blood is not punishment but self-defense or revenge; what we have a right to inflict in cold blood is a question of the rules of just social cooperation and especially the justice of the sanctions required to sustain those rules; it is here argued that the fundamental principle is that we may inflict whatever punishment is necessary to deter wrongdoing and not disproportionate to the offence; I do not dismiss 'pure' retribution as a goal of …
Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard
Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard
Cleveland State Law Review
The symposium presentation given by Dr. Sheppard’s son discussed the impact of the trial on his entire family, as well as the idea of a failed trial. He went through the different juries encountered by his father. He also listed his hopes for the symposium: “What would I hope to come out of a conference like this? First, selfishly, I would hope that it would help us with our new legal endeavor. Second, I hope that we can contribute to serious legal work that deals on realistic and dignified grounds on the problem, both federally and statewide, of wrongful incarceration. …
Influence Of Media And Technology: Changing Roles And Responsibilities, Terry Gilbert
Influence Of Media And Technology: Changing Roles And Responsibilities, Terry Gilbert
Cleveland State Law Review
High profile cases are therefore media driven. What happens in the courtroom is a reflection of the attitudes of the larger society. Such was the case then and it is the case now. From the cases of Lizzy Borden, the Lindburgh kidnapping, O.J. Simpson, and Sheppard, anyone who thinks justice is completely blind to the influences of popular opinion is blind themselves. All too often justice is a function of political culture. The courtroom is nothing but a vehicle to carry out the popular will, often with lynch mob mentality. Despite the attempts to control this phenomenon, and certainly the …
And Justice For Doc Sam, Joel Jay Finer
And Justice For Doc Sam, Joel Jay Finer
Cleveland State Law Review
Poem about Dr. Sam Sheppard, the surrounding events, and justice.
The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.
Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng
Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng
UIC Law Review
No abstract provided.
Punishing Thought: A Narrative Deconstructing The Interpretive Dance Of Hate Crime Legislation, 35 J. Marshall L. Rev. 123 (2001), Anne B. Ryan
UIC Law Review
No abstract provided.
Post-Conviction Challenges To The Death Penalty: Mental Health Records And The Fifth Amendment, Barbara Gilleran-Johnson, Gloria A. Kristopek
Post-Conviction Challenges To The Death Penalty: Mental Health Records And The Fifth Amendment, Barbara Gilleran-Johnson, Gloria A. Kristopek
Loyola University Chicago Law Journal
No abstract provided.
Let The Cameras Roll: Mandatory Videotaping Of Interrogations Is The Solution To Illinois' Problem Of False Confessions, Steven A. Drizin, Beth A. Colgan
Let The Cameras Roll: Mandatory Videotaping Of Interrogations Is The Solution To Illinois' Problem Of False Confessions, Steven A. Drizin, Beth A. Colgan
Loyola University Chicago Law Journal
No abstract provided.
Violence And Injury In Illinois Schools: Students Deserve A Remedy, 34 J. Marshall L. Rev. 803 (2001), Sarah Lindley
Violence And Injury In Illinois Schools: Students Deserve A Remedy, 34 J. Marshall L. Rev. 803 (2001), Sarah Lindley
UIC Law Review
No abstract provided.
Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin
Judicial Supermajorities And The Validity Of Statutes: How Mapp Became A Fourth Amendment Landmark Instead Of A First Amendment Footnote, Jonathan L. Entin
Faculty Publications
No abstract provided.
All Quiet On The Paper Front: Asserting A Fifth Amendment Privilege To Avoid Production Of Corporate Documents In In Re Three Grand Jury Subpoenas Duces Tecum Dated January 29, 1999, Thomas J. Koffer
Villanova Law Review (1956 - )
No abstract provided.
Diminished Capacity - Expanded Discretion: Section 5k2.13 Of The Federal Sentencing Guidelines And The Demise Of The Non-Violent Offense, Robert R. Miller
Diminished Capacity - Expanded Discretion: Section 5k2.13 Of The Federal Sentencing Guidelines And The Demise Of The Non-Violent Offense, Robert R. Miller
Villanova Law Review (1956 - )
No abstract provided.
The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan
The Jury In The Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan
Faculty Scholarship
No abstract provided.
Defining Proof Beyond A Reasonable Doubt For The Criminal Jury: The Third Circuit Accepts An Invitation To Tolerate Constitutionally Inadequate Phraseology, Melissa Corwin
Villanova Law Review (1956 - )
No abstract provided.
Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks
Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza
Attention Deficit Hyperactivity Disorder (Adhd): A Childhood Diagnosis Or A Criminal Defense?, Bertha Nelda Garza
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming
Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle
Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Why Miranda Does Not Prevent Confessions: Some Lessons From Albert Camus, Arthur Miller And Oprah Winfrey, 51 Syracuse L. Rev. 863 (2001), Timothy P. O'Neill
Why Miranda Does Not Prevent Confessions: Some Lessons From Albert Camus, Arthur Miller And Oprah Winfrey, 51 Syracuse L. Rev. 863 (2001), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
LLM Theses and Essays
Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
University of Richmond Law Review
The Fourth Amendment to the United States Constitution is "designed 'to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." The Amendment is currently interpreted as consisting of two separate clauses, the first generally prohibiting unreasonable searches and seizures, and the second requiring the establishment of probable cause prior to the issuance of a warrant. Hence, only those government searches and seizures requiring a warrant necessitate the establishment of probable cause, and all other searches and seizures simply need to be "reasonable."
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii
The 2001 Federal Economic Crime Sentencing Reforms: An Analysis And Legislative History, Frank O. Bowman Iii
Faculty Publications
This Article has four parts. First, it describes the general structure of the Federal Sentencing Guidelines and the approach to sentencing economic crimes in effect between 1987 and 2001. Second, it outlines the defects in the former economic crime guidelines that led to the call for reform. Third, it describes the process undertaken by the Sentencing Commission that led to the passage of the 2001 economic crime amendments and, in so doing, provides a roadmap to sources of legislative history. Fourth, it explains and analyzes the new guidelines in light of their legislative history, with primary emphasis on the consolidated …
'The Question Is Which Is To Be Master - That's All': Cunningham, Claiborne, Rita And The Sixth Amendment Muddle, Frank O. Bowman Iii
'The Question Is Which Is To Be Master - That's All': Cunningham, Claiborne, Rita And The Sixth Amendment Muddle, Frank O. Bowman Iii
Faculty Publications
Three things are clear from the Supreme Court's opinion in Cunningham v. California, in which the Court struck down California's sentencing law as violative of the Sixth Amendment, and from the briefs in the pending cases involving post-Booker federal sentencing, Claiborne v. United States and Rita v. United States. First, the Supreme Court has plunged Sixth Amendment sentencing law deep down the rabbit hole. Second, both the government and petitioners in Claiborne and Rita have adopted indefensible positions. Third, neither the parties nor the amici in Rita and Claiborne have offered the Court any real help in crafting a sensible …
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Scholarly Articles
Although extraterritorial trials for human rights abusers certainly achieve some justice, this Article posits -- through a case-study of post-genocide Rwanda -- that the effects of such trials are circumscribed by the fact they may have little meaning among perpetrators and victims in post-conflict societies. This limited meaning particularly attaches to trials conducted extraterritorially through international tribunals as well as trials conducted in foreign national courts through the exercise of what loosely is called "universal jurisdiction." This circumscribed meaning results in these trials' having limited deterrence effects, although they may go some way to satisfying the deontological need to punish …
The Prosecutor's Duty To Truth, Bennett L. Gershman
The Prosecutor's Duty To Truth, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article discusses the prosecutor's duty to refrain from conduct that impedes the search for truth. A prosecutor may impede the truth-finding process in several ways: (1) distorting the truth by attacking the defendant's character, misleading and misrepresenting facts, and engaging in inflammatory conduct; (2) subverting the truth by making false statements and presenting false evidence; (3) suppressing the truth by failing to disclose potentially truth-enhancing evidence or obstructing defense access to potentially truth-enhancing evidence; and (4) other truth-disserving conduct that exploits defense counsel's misconduct and mistakes and prevents introduction of potentially truth-serving defenses. Part I also …
An Open Letter To Governor George Ryan Concerning How To Fix The Death Penalty System, David Mccord
An Open Letter To Governor George Ryan Concerning How To Fix The Death Penalty System, David Mccord
Loyola University Chicago Law Journal
No abstract provided.
Muzzling Death Row Inmates: Applying The First Amendment To Regulations That Restrict A Condemned Prisoner's Last Words, Kevin F. O'Neill
Muzzling Death Row Inmates: Applying The First Amendment To Regulations That Restrict A Condemned Prisoner's Last Words, Kevin F. O'Neill
Law Faculty Articles and Essays
This Article asserts that the privilege to deliver a last dying speech— uttered in the presence of, and made audible to, the assembled witnesses in the moments just before one's execution—is a First Amendment right, and that prison policies departing from its traditional exercise are unconstitutional. After canvassing the state prison policies that govern last words, this Article will recount the long historical tradition surrounding their utterance—a history that reveals the extraordinary degree to which Anglo-American governments have honored the privilege.Next, this Article will draw a parallel between the right to utter one's last words and the well-established right of …
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Cleveland State Law Review
Part I of this Note will review a recent Colorado case involving the interrogation of a juvenile prisoner and the application of the additional-restraint factors within a totality-of-the-circumstances analysis. Part II will analyze how the decision in the Colorado case and the additional-restraint factors comport with the meaning of "custody" as set forth in U.S. courts' jurisprudence on custodial interrogations. Part III will propose that juvenile prisoners should be presumed in custody for Miranda purposes absent exceptional circumstances. It then will present the justification for this presumption, including a discussion of the solicitude normally provided to juveniles in the criminal …