Criminal Law Commons^™

Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss

West Virginia Law Review

No abstract provided.

Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.

Indiana Law Journal

No abstract provided.

Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors

Buffalo Law Review

No abstract provided.

What's Your Water Worth? Why We Need Federal Fine Guidelines For Corporate Environmental Crime , Mark H. Allenbaugh

American University Law Review

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …

Praxis And Pedagogy: Domestic Violence, Cynthia Grant Bowman, Eden Kusmiersky

Cornell Law Faculty Publications

No abstract provided.

Fighting The Devil We Don't Know: Kansas V. Hendricks, A Case Study Exploring The Civilization Of Criminal Punishment And Its Ineffectiveness In Preventing Child Sexual Abuse, Cynthia A. King

William & Mary Law Review

No abstract provided.

The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short

Indiana Journal of Global Legal Studies

No abstract provided.

Criminal Fraud , Ellen S. Podgor

American University Law Review

No abstract provided.

From The Ibpp Research Associates. Canada. Ismael Sambra, Ismael Sambra

International Bulletin of Political Psychology

This articles discusses a declaration - Joint Declaration by the Committee of Cuban Political Ex-Prisoners and Cuba Friends and Cuban Canadian National Foundation Against The Laws That Persecute and Condemn Freedom in Cuba. - provided by Mr. Ismael Sambra, president of the Cuban Canadian National Foundation and Writer in Residence at York University, Ontario, Canada.

Of note: Mr. Sambra published "A Dictator's Errors" in IBPP (Author: Ismael Sambra, Volume 4, Number 25, June 26, 1998.)

Brinkman V. Brinkman: Where Res Judicata Has Gone Too Far, Rebekah B. Griffin

Brigham Young University Journal of Public Law

No abstract provided.

Convicting Domestic Violence Abusers When The Victim Remains Silent, Tonya Mccormick

Brigham Young University Journal of Public Law

No abstract provided.

Blackmail From A To Z: A Reply To Joseph Isenbergh's "Blackmail From A To C", Walker Block, Robert W. Mcgee

Mercer Law Review

The long and the short of blackmail is that it consists of two acts, each of which, were they to occur alone, would be considered legal by everyone. Yet somehow, when these elements occur together, virtually all commentators who have ever written on the subject consider the complex act consisting of both elements to be unlawful. There is only a corporal's guard that demurs. Is the mainstream view due perhaps to some sort of alchemy? How else can two legal "rights" be rendered a "wrong" when they take place in tandem?

Let us consider the specifics. Which two acts together …

Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak

Federal Communications Law Journal

While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …

The Calling Of Criminal Defense, Abbe Smith, William Montross

Mercer Law Review

INTRODUCTION: A HOSTILE CLIMATE FOR CRIMINAL DEFENSE LAWYERS AND OUR CLIENTS

Criminal defense work is an increasingly difficult undertaking in these harsh times. Blame is a favorite pastime. Vengeance follows close behind. Compassion for those who commit wrongdoing out of misfortune seems either nostalgic or naive. Instead, there is a universal call for individual accountability; wrongdoers ought to be held strictly responsible for their actions, no matter the circumstance.

Along with blame and vengeance comes a lust for punishment. The public cannot seem to get enough of it. The United States is building prisons at a record pace. If the …

Third-Party Consent Under The United States And Utah Constitutions: Should Utah Adopt The Federal Standard?, S. Matthew Cook

BYU Law Review

No abstract provided.

Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble

Vanderbilt Law Review

"When I use a word.., it means just what I choose it to mean-neither more nor less.", This statement by Humpty Dumpty sets forth the argument of this Note: words used to describe mens rea in federal criminal statutes have plain, ordinary meanings. When the United States Supreme Court interprets these statutes, it should do so according to the words' plain meanings. Because the Court has not used this approach in past cases, the law of mens rea on the federal level is confusing and inconsistent.

The Court has tried to repair poorly drafted statutes by interpreting them in various …

Reconceiving The Right To Present Witnesses, Richard A. Nagareda

Michigan Law Review

Modem American law is, in a sense, a system of compartments. For understandable curricular reasons, legal education sharply distinguishes the law of evidence from both constitutional law and criminal procedure. In fact, the lines of demarcation between these three subjects extend well beyond law school to the organization of the leading treatises and case headnotes to which practicing lawyers routinely refer in their trade. Many of the most interesting questions in the law, however, do not rest squarely within a single compartment; instead, they concern the content and legitimacy of the lines of demarcation themselves. This article explores a significant, …

Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker

William & Mary Law Review

No abstract provided.

The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich

Cardozo Law Review

No abstract provided.

What Rape Is And What It Ought Not Be, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Sex, Rape And Shame, Katharine K. Baker

All Faculty Scholarship

This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …

Text, Context And The Problem With Rape, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner

Scholarly Articles

None available.

Sexual Misconduct Of Educators: A Comparison Of Decisions Of Courts And Tribunals In British Columbia, Nova Scotia And Ontario, Barbara J. Murray

LLM Theses

This thesis examines the genesis of society's awareness of the problem of child sexual abuse as well as changes in the legal system to the prosecution of child sexual offence cases and then situates the problem within the educational system in British Columbia, Nova Scotia and Ontario. Thereafter, there is an examination of the panoply of remedies that the legal system provides to victims of sexual misconduct by educators. Conversely, it also analyses whether it is fair that educators who engage in such conduct should be faced with a multiplicity of proceedings before many different institutions. Further, the efficacy of …

I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood

Campbell Law Review

This article argues that a criminal in a search and seizure case can expect disparate results in different state trial courts although identical factual situations exist. The good faith exception to the exclusionary rule adopted by the United States Supreme Court in United States v. Leon has not been applied with uniformity in state courts. Furthermore, this article finds that some state courts, relying on "adequate and independent" state grounds, have afforded criminal defendants greater protection under state constitutions and statutes than they would receive in other state courts or federal district courts. Finally, this article argues that state appellate …

People V. Dekens: The Expansion Of The Felony-Murder Doctrine In Illinois, Kara M. Houck

Loyola University Chicago Law Journal

No abstract provided.

Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer

Theses Digitization Project

No abstract provided.

New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon

Law Faculty Publications

No abstract provided.

Through The Past Darkly: A Survey Of The Uses And Abuses Of Victim Impact Evidence In Capital Trials, Wayne A. Logan

Scholarly Publications

This Article examines the recent history of victim impact evidence in capital sentencing, as permitted by the United States Supreme Court's landmark 1991 decision in Payne v. Tennessee, which overruled two other recent holdings of the Court squarely prohibiting such evidence.