Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 16501 - 16530 of 27950

Full-Text Articles in Criminal Law

The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan Jul 1998

The Ex Post Facto Clause And The Jurisprudence Of Punishment, Wayne A. Logan

Scholarly Publications

No abstract provided.

Go to article

Federal Sentencing Guidelines, Andrea Wilson Jul 1998

Federal Sentencing Guidelines, Andrea Wilson

Mercer Law Review

Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.

Go to article

Perjury! The Charges And The Defenses, Richard H. Underwood Jul 1998

Perjury! The Charges And The Defenses, Richard H. Underwood

Law Faculty Scholarly Articles

Perjury is the most hotly debated topic in America today. In this witty and instructive article, the author explains what constitutes the crime of perjury, provides examples of how defendants have sometimes avoided conviction, and discusses the impact of federal and state statutes on prosecutors, defendants, witnesses, the judiciary, the legislature, and society.

Go to article

Can Shaming Punishments Educate?, Stephen P. Garvey Jul 1998

Can Shaming Punishments Educate?, Stephen P. Garvey

Cornell Law Faculty Publications

So-called "shaming" penalties have received a fair amount of attention in the popular press and, thanks primarily to the work of Dan Kahan and Toni Massaro, in the legal literature as well. Unfortunately, the current debate focuses on "shame" as the main way to understand what these penalties are all about. I argue that at least some of these so-called shaming penalties are better understood as "educative" penalties. I develop this "educating model" and contrast it with the "shaming model." I also suggest that penalties fitting the educating model have more normative appeal than those fitting the shaming model.

Go to article

Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger Jul 1998

Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger

Faculty Works

No abstract provided.

Go to article

Unconscious Racism And The Criminal Law, Sheri Johnson Jul 1998

Unconscious Racism And The Criminal Law, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Go to article

The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh Jul 1998

The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh

Cardozo Law Review

No abstract provided.

Go to article

Decolonising Restoration And Justice, Mark Findlay Jul 1998

Decolonising Restoration And Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …

Go to article

Criminal Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Go to article

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger Jun 1998

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Go to article

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler Jun 1998

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.

Go to article

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase Jun 1998

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.

Go to article

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel Jun 1998

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.

Go to article

The American Adversary System, William T. Pizzi Jun 1998

The American Adversary System, William T. Pizzi

West Virginia Law Review

No abstract provided.

Go to article

Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector Jun 1998

Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector

University of Michigan Journal of Law Reform

In recent years, Mexican narcotics trafficking has become a major threat to the security of the Americas. Mexican narco-traffickers have used their wealth and violence to corrupt political and judicial systems and avoid effective prosecution or penalty in Mexican courts. Historically, Mexico has refused to extradite its nationals in reliance on Mexican law prohibiting the extradition of nationals in all but "exceptional" cases. This Note argues that Mexico should take a step toward controlling the cross-border narcotics trade and recognize international drug trafficking as an "exceptional" crime. Upon recognizing narcotics crimes as "exceptional," Mexico should then begin extraditing Mexican narco-traffickers …

Go to article

Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine Jun 1998

Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine

American University Law Review

No abstract provided.

Go to article

Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez Jun 1998

Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez

Michigan Law Review

In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …

Go to article

Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler May 1998

Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler

Brigham Young University Journal of Public Law

No abstract provided.

Go to article

Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro May 1998

Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro

Brigham Young University Journal of Public Law

No abstract provided.

Go to article

Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander May 1998

Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander

Penn State International Law Review (1982 - 2011)

No abstract provided.

Go to article

Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab May 1998

Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab

Penn State International Law Review (1982 - 2011)

No abstract provided.

Go to article

The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss May 1998

The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss

Penn State International Law Review (1982 - 2011)

No abstract provided.

Go to article

The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor May 1998

The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor

International Bulletin of Political Psychology

This article describes the problematic nature of child molestation for the rule of law.

Go to article

United States V. Mitchell: The Fifth Amendment At Sentencing, Matthew E. Cook May 1998

United States V. Mitchell: The Fifth Amendment At Sentencing, Matthew E. Cook

Mercer Law Review

Whether the Fifth Amendment privilege against self-incrimination may be claimed by a criminal defendant after conviction is an open question. In United States v. Mitchell, the Third Circuit aligned itself with the minority of circuits by holding that defendants retain no Fifth Amendment right against self-incrimination with respect to the facts or circumstances of a crime once convicted, even though their testimony may work to increase their level of punishment.

Go to article

Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee May 1998

Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee

Mercer Law Review

In Kansas v. Hendricks, the United States Supreme Court determined the constitutionality of a civil commitment statute that provides for possible indefinite confinement of sex offenders who are near the end of their prison sentences and who pose a threat to society and suffer from a "mental abnormality." In a five to four decision, the Court reversed the Kansas Supreme Court and upheld Kansas's Sexually Violent Predator Act ("SVPA"). In doing so, the Court declared the act nonpenal and rejected due process, double jeopardy, and ex post facto challenges.

Go to article

Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker May 1998

Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker

Penn State International Law Review (1982 - 2011)

No abstract provided.

Go to article

Police And Thieves, Rosanna Cavallaro May 1998

Police And Thieves, Rosanna Cavallaro

Michigan Law Review

What is it about New York City that has, in the last few years, spawned a series of books attacking the criminal justice system and describing a community in which victims' needs are compelling while the rights of the accused are an impediment to justice? Why does this apocalyptic vision of the system persist, despite statistics demonstrating the sharpest decline in the city's and the nation's crime rates in decades? What explains the acute detachment from the accused that is at the core of this series of books? In Virtual Justice: The Flawed Prosecution of Crime in America, Richard Uviller …

Go to article

The Color Line Of Punishment, Jerome H. Skolnick May 1998

The Color Line Of Punishment, Jerome H. Skolnick

Michigan Law Review

If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …

Go to article

The Anatomy Of Disgust In Criminal Law, Dan M. Kahan May 1998

The Anatomy Of Disgust In Criminal Law, Dan M. Kahan

Michigan Law Review

My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.

Go to article

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman May 1998

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.

Go to article

First Prev Next Last