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Articles 15811 - 15840 of 27935
Full-Text Articles in Criminal Law
Throwing Away The Key On Society's Youngest Sex Offenders, Alison G. Turoff
Throwing Away The Key On Society's Youngest Sex Offenders, Alison G. Turoff
Journal of Criminal Law and Criminology
No abstract provided.
The Back-Door To Prison: Waiver Reform, Blended Sentencing, And The Law Of Unintended Consequences, Marcy R. Podkopacz, Barry C. Feld
The Back-Door To Prison: Waiver Reform, Blended Sentencing, And The Law Of Unintended Consequences, Marcy R. Podkopacz, Barry C. Feld
Journal of Criminal Law and Criminology
No abstract provided.
Fisher Goes On The Quintessential Fishing Expedition And Hubbell Is Off The Hook, H. Richard Uviller
Fisher Goes On The Quintessential Fishing Expedition And Hubbell Is Off The Hook, H. Richard Uviller
Journal of Criminal Law and Criminology
No abstract provided.
Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz
Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz
Journal of Criminal Law and Criminology
No abstract provided.
The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan
The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan
Journal of Criminal Law and Criminology
No abstract provided.
One For The Price Of Two: How The Supreme Court Got It Half Right In Ramdass V. Angelone, Christopher Varas
One For The Price Of Two: How The Supreme Court Got It Half Right In Ramdass V. Angelone, Christopher Varas
Journal of Criminal Law and Criminology
No abstract provided.
Sentencing Eddie, Gerard E. Lynch
Sentencing Eddie, Gerard E. Lynch
Journal of Criminal Law and Criminology
No abstract provided.
Miranda's Exceptions In A Post-Dickerson World, Susan R. Klein
Miranda's Exceptions In A Post-Dickerson World, Susan R. Klein
Journal of Criminal Law and Criminology
No abstract provided.
Opaque Recklessness, Kimberly Kessler Ferzan
Opaque Recklessness, Kimberly Kessler Ferzan
Journal of Criminal Law and Criminology
No abstract provided.
Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness
Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness
Journal of Criminal Law and Criminology
No abstract provided.
Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran
Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran
Journal of Criminal Law and Criminology
No abstract provided.
Mitigating The Dangers Of Capital Convictions Based On Eyewitness Testimony Through Treason's Two-Witness Rule, Monika Jain
Mitigating The Dangers Of Capital Convictions Based On Eyewitness Testimony Through Treason's Two-Witness Rule, Monika Jain
Journal of Criminal Law and Criminology
No abstract provided.
Child Witnesses And Procedural Fairness, Bennett L. Gershman
Child Witnesses And Procedural Fairness, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Professor Gershman's Article notes that courts and lawmakers have changed procedural and evidentiary rules to protect child witnesses in child sexual abuse cases. Gershman discusses how courts apply the changed rules with careful scrutiny in an effort to ensure that the interests of the child witness and the accused defendant are appropriately balanced.
A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka
A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka
Cardozo Journal of International and Comparative Law
The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
Cardozo Journal of International and Comparative Law
The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.
Rape, Murder And Formalism: What Happens If We Define Mistake Of Law, Gerald Leonard
Rape, Murder And Formalism: What Happens If We Define Mistake Of Law, Gerald Leonard
University of Colorado Law Review
No abstract provided.
Matter Of Roldan: Expungement Of Conviction And The Role Of The States In Immigration Matters, Nathalie A. Bleuze
Matter Of Roldan: Expungement Of Conviction And The Role Of The States In Immigration Matters, Nathalie A. Bleuze
University of Colorado Law Review
No abstract provided.
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
Scholarly Publications
Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus
Scholarly Works
Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers denounced the …
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
This ambitious book impressively chronicles forms of imprisonment in American history from Columbus’s crossing in 1492, with at least four convicts among his crew, to the rise of five hundred years later of a “prison-industrial complex,” which employs over half a million people and incarcerates more than one million others. According to Christianson, a former investigative reporter and gubernatorial aide who is now contributing editor of The Criminal Law Bulletin, director of the New York Death Penalty Documentation Project, and chairman of the Board of the Safer Society Foundation, With Liberty for Some “is a history of how we …
The Boynton Beach Juvenile First Offender Program: Does It Really Work?, Andrew M. Rosenberg
The Boynton Beach Juvenile First Offender Program: Does It Really Work?, Andrew M. Rosenberg
Graduate Student Dissertations, Theses, Capstones, and Portfolios
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Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Journal Articles
No abstract provided.
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller
Journal Articles
The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …
No Equal Justice, David Cole
No Equal Justice, David Cole
Georgetown Law Faculty Publications and Other Works
I argue that while our criminal justice system is explicitly based on the premise and promise of equality before the law, the administration of criminal law—whether by the officer on the beat, the legislature, or the Supreme Court—is in fact predicated on the exploitation of inequality. My claim is not simply that we have ignored inequality’s effects within the criminal justice system, nor that we have tried but failed to achieve equality there. Rather, I contend that our criminal justice system affirmatively depends on inequality. Absent race and class disparities, the privileged among us could not enjoy as much constitutional …
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
Faculty Scholarship
No abstract provided.
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Faculty Scholarship
No abstract provided.
Allocution For Victims Of Economic Crimes, Jayne W. Barnard
Allocution For Victims Of Economic Crimes, Jayne W. Barnard
Faculty Publications
No abstract provided.