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Articles 16321 - 16350 of 27949

Full-Text Articles in Criminal Law

Speaking Of Purposes, Aaron J. Rappaport Jan 1999

Speaking Of Purposes, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey Jan 1999

Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman Jan 1999

Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman

Villanova Law Review (1956 - )

No abstract provided.


The Confusion Of Causes And Reasons In Forensic Psychology: Deconstructing Mens Rea And Other Mental Events, 33 U. Rich. L. Rev. 107 (1999), Joel R. Cornwell Jan 1999

The Confusion Of Causes And Reasons In Forensic Psychology: Deconstructing Mens Rea And Other Mental Events, 33 U. Rich. L. Rev. 107 (1999), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.


Crime And Work, Jeffrey Fagan, Richard B. Freeman Jan 1999

Crime And Work, Jeffrey Fagan, Richard B. Freeman

Faculty Scholarship

Crime and legal work are not mutually exclusive choices but represent a continuum of legal and illegal income-generating activities. The links between crime and legal work involve trade-offs among crime returns, punishment costs, legal work opportunity costs, and tastes and preferences regarding both types of work. Rising crime rates in the 1980s in the face of rising incarceration rates suggest that the threat of punishment is not the dominant cost of crime. Crime rates are inversely related to expected legal wages, particularly among young males with limited job skills or prospects. Recent ethnographic research shows that involvement in illegal work …


Foreword, Elizabeth S. Scott Jan 1999

Foreword, Elizabeth S. Scott

Faculty Scholarship

In November 1998, the interdisciplinary Center for Children, families and the Law at the University of Virginia sponsored a conference on Youth Violence and Juvenile Justice Reform. The conference brought together an extraordinary group of experts from the academic disciplines of law, criminology and psychology. Before an audience made up of researchers, students, policymakers, and practitioners in the field of juvenile justice, these experts analyzed legal policy toward juvenile crime from a variety of disciplinary and methodological perspectives. The articles in this important symposium issue of the Virginia Journal of Social Policy & the Law are based on the papers …


Grand Jury Secrecy: Plugging The Leaks In An Empty Bucket, Daniel Richman Jan 1999

Grand Jury Secrecy: Plugging The Leaks In An Empty Bucket, Daniel Richman

Faculty Scholarship

Although people can quarrel about the significance or reliability of Independent Counsel Kenneth Starr's investigative findings, no one can deny that his investigation produced new law. We now know that the attorney-client privilege survives the death of the client, that government lawyers may not rely on that privilege to shield communications from their "client" relating to criminal misconduct, and that there is no "protective function privilege" (at least not yet), While bringing some clarity to certain areas, the Independent Counsel's investigation also highlighted the confused state of the law relating to Rule 6(e)'s grand jury secrecy provisions.


Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross Jan 1999

Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross

Articles

In case after case, erroneous conviction for capital murder has been proven. I contend that these are not disconnected accidents, but systematic consequences of the nature of homicice prosecution in the general and capital prosecution in particular - that in this respect, as in others, death distorts and undermines the course of the law.


Another Look At Evolving Standards: Will Decency Prevail Against Executing The Mentally Retarded?, Bryan Lester Dupler Jan 1999

Another Look At Evolving Standards: Will Decency Prevail Against Executing The Mentally Retarded?, Bryan Lester Dupler

Oklahoma Law Review

No abstract provided.


Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt Jan 1999

Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." The predominant interpetation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of …


Questions Of Intent: Environmental Crimes And Public Welfare Offenses, Lawrence Friedman, H. Hamilton Hackney Jan 1999

Questions Of Intent: Environmental Crimes And Public Welfare Offenses, Lawrence Friedman, H. Hamilton Hackney

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Foreword, Criminal Law Symposium, Matthew Steffey Jan 1999

Foreword, Criminal Law Symposium, Matthew Steffey

Journal Articles

No abstract provided.


Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker Jan 1999

Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker

Law Faculty Articles and Essays

A jury that convicts a defendant of capital murder must then decide whether that defendant deserves a life sentence or death. Mitigating evidence is crucial to the defense at this stage because such evidence may provide the jury with a basis for imposing a life sentence. In this article, Professor Crocker argues that evidence that a defendant was abused as a child is paradigmatic mitigating evidence. A detailed presentation of the defendant's childhood experience and a cogent explanation of its long-term repercussions will enable the jury to understand why the defendant committed the crime, perhaps allowing the jury to sympathize …


A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki Jan 1999

A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki

Cleveland State Law Review

This Note takes a closer look at the problems associated with transferring juveniles to adult court by focusing on Ohio's juvenile transfer statute. Part II begins with an analysis of the history of the juvenile court, including its establishment and evolution throughout time. It also includes an analysis of how the common interpretation of the original approach to juvenile crime has created an overly narrow view of how to deal with the problem today. Part III examines the latest crime statistics that reveal a significant drop in juvenile crime. This section also explores various alternative explanations for the apparent rise …


Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David Jan 1999

Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David

Michigan Journal of International Law

This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …


The Imagination Is A Fertile Stomping Ground: Non-Enumerated Grounds For Departure From The United States Sentencing Guidelines Under 5k2.0, Jennifer L. Cordle Jan 1999

The Imagination Is A Fertile Stomping Ground: Non-Enumerated Grounds For Departure From The United States Sentencing Guidelines Under 5k2.0, Jennifer L. Cordle

Cleveland State Law Review

Individuality in sentencing is a hallmark of true justice. The United States Sentencing Commission, which provides for uniformity through a series of detailed guidelines, recognized the need for individuality in sentencing by allowing for discretionary departures. Though the Sentencing Guidelines provide some direction regarding departures, the Commission did not take all factors that may be relevant into account when developing the guidelines. Section I of this article describes the sentencing systems in effect in the United States both before and after the adoption of the Sentencing Guidelines. Section II discusses the types of departure grounds, explains when a non-enumerated ground …


Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick Jan 1999

Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick

Cleveland State Law Review

Given that law has an integral commitment to life, in this lecture I want to show how the law should manifest something of a fundamental dissonance, even a terminal incoherence, when law is called upon to deal death. That is what happens in the judicial discourse on the death penalty in the United States. I will approach this demonstration in a way that may at first seem paradoxical, in a way that will bring out the deep affinity between law and death. That affinity is one in which death is, in a sense, the limit of law; a limit that …


Character Evidence And Sex Crimes In The Federal Courts: Recent Developments, Robert F. Thompson Iii Jan 1999

Character Evidence And Sex Crimes In The Federal Courts: Recent Developments, Robert F. Thompson Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


Be My Guest: The Hidden Holding Of Minnesota V. Carter, Edwin J. Butterfoss, Mary Sue B. Snyder Jan 1999

Be My Guest: The Hidden Holding Of Minnesota V. Carter, Edwin J. Butterfoss, Mary Sue B. Snyder

Faculty Scholarship

This Article first examines the Carter case in detail, including the opinions of the state courts and the briefs and oral argument in the United States Supreme Court, before turning to the Court's decision. The Article highlights the importance of Justice Kennedy's concurring opinion and explains the "hidden holding" of the case, raising the question of whether lowercourts will apply the correct rule from the case. The Article argues that the Court's denial of the defendants' claim of a reasonable expectation of privacy, combined with its failure to provide guidance as to when non-overnight visitors in homes will have the …


Starr, Singleton, And The Prosecutor's Role, David A. Sklansky Jan 1999

Starr, Singleton, And The Prosecutor's Role, David A. Sklansky

Fordham Urban Law Journal

This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …


A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay Jan 1999

A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay

Fordham Urban Law Journal

The most important variable affecting whether a defendant will be subject to the death penalty is often the particular ideology of the district attorney of a respective county. More subtle forms of arbitrariness, such as bias based upon race, gender and class, also pervade the process. Arguing that the dangers inherent in the present situation justify the imposition of controls over the exercise of prosecutorial discretion in the decision whether to seek the death penalty, Part I presents the nature and scope of prosecutorial discretion judicial review of that discretion and the influence that individual prosecutors can have in the …


Prosecutorial Misconduct And Constitutional Remedies, Peter J. Henning Jan 1999

Prosecutorial Misconduct And Constitutional Remedies, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Prosecutorial Misconduct In Grand Jury Investigations, Peter J. Henning Jan 1999

Prosecutorial Misconduct In Grand Jury Investigations, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports Jan 1999

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Faculty Scholarship

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …


We Have Seen The Enemy: Scenes From A Trial, Robert E. Precht Jan 1999

We Have Seen The Enemy: Scenes From A Trial, Robert E. Precht

Fordham Urban Law Journal

This Article examines two traps that are particularly likely to undermine prosecutorial decision-making--the confirming-evidence trap and the anchoring trap. During the World Trade Center bombing trial, at which the author served as defense counsel, prosecutors stumbled into both of these traps. Part I of this Article examines the confirming-evidence trap in the context of the prosecution's failure to accept contradictory evidence regarding the material used in the bomb. Part II similarly examines the anchoring trap in light of the debacle that occurred during testimony by the prosecution's main witness. In addition to examining these episodes, the Article concludes that prosecutors …


The Federal Death Penalty: History And Some Thoughts About The Department Of Justice's Role, Rory K. Little Jan 1999

The Federal Death Penalty: History And Some Thoughts About The Department Of Justice's Role, Rory K. Little

Fordham Urban Law Journal

This Article provides a detailed exegesis and evaluation of the federal death penalty, including its 209-year history, recent developments in federal death penalty case law, and the process for national administration of the federal death penalty implemented by Attorney General Janet Reno in 1995. Part I of the article presents the history of the federal death penalty, the recent statutes and relevant case law, and the DOJ's procedures for administering federal death penalty prosecutions. It also describes the 1988 and 1994 statutory procedures for imposing the federal death penalty, and briefly reviews some of the case law leading to, and …


Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson Jan 1999

Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson

Fordham Urban Law Journal

This Article discusses the undefined responsibilities of federal prosecutors. For purposes of example, the essay focuses primarily on five situations in which federal prosecutors are often expected to operate "outside" of the rules, including: charging and investigative decisions, discovery, plea bargaining, dealing with the press, and sentencing decisions. While there are "rules" in each of these areas, they take a back seat to the discretionary powers prosecutors are expected to exercise wisely when performing their duties. In judging whether there has been an appropriate exercise of those powers, it is not the rules that will govern society's judgment. Rather, the …


Thinking Strategically: How Federal Prosecutors Can Reduce Violent Crime, Elizabeth Glazer Jan 1999

Thinking Strategically: How Federal Prosecutors Can Reduce Violent Crime, Elizabeth Glazer

Fordham Urban Law Journal

Part I of this Article discusses how, in their traditional role, fed- eral prosecutors have limited their function to case-processing and accordingly reduced their natural ability to fashion effective crime- fighting techniques. Part II explores how certain features of the prosecutor's function make him well-placed to act as the federal agencies' strategic thinker. Finally, the Article suggests how the strategic potential of the prosecutor's role could be realized.


Why Should Prosecutors "Seek Justice"?, Bruce A. Green Jan 1999

Why Should Prosecutors "Seek Justice"?, Bruce A. Green

Fordham Urban Law Journal

This article discusses how prosecutors should conduct themselves in light of the principle that has traditionally ben thought to define the prosecutor's professional ethos: "the duty to seek justice." Part I sketches the outlines of this concept, both historically and in its contemporary incarnation. Part II offers two reasons for asking why prosecutors should seek justice. Part III examines alternative justifications for the duty--first, that the duty derives from prosecutors' extraordinary power, and second, that the duty derives from their role on behalf of a sovereign whose own interest is in achieving justice--and explains why the second provides the more …


Keynote Address, Louis Freeh Jan 1999

Keynote Address, Louis Freeh

Fordham Urban Law Journal

Keynote address given by Louis Freeh.