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Full-Text Articles in Criminal Law

A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese Dec 2016

A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese

Villanova Law Review (1956 - )

No abstract provided.

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Qualitative Collective Case Study Of Targeted Violence Preparedness At Institutions Of Higher Education, Tim Gunter Dec 2016

Qualitative Collective Case Study Of Targeted Violence Preparedness At Institutions Of Higher Education, Tim Gunter

Doctoral Dissertations and Projects

An increase in targeted violence incidents (TVIs), primarily active shooter events, at institutions of higher education (IHEs) has exposed gaps in campus security plan preparation and exercises. The purpose of this qualitative collective case study was to discover barriers to and best practices of universities and colleges conducting security preparedness activities for TVIs. The theory that guided this study was vested interest theory which predicts how attitudes will influence behavior in a commitment to preparedness fundamentals. The setting for this study was two institutions of higher education along the East Coast of the United States. Data collection techniques included site …

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Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety Dec 2016

Introduction To The West Virginia Law Review Flawed Forensics And Innocence Symposium, Valena E. Beety

West Virginia Law Review

No abstract provided.

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Dishonest Ethical Advocacy?: False Defenses In Criminal Court, Joshua A. Liebman Dec 2016

Dishonest Ethical Advocacy?: False Defenses In Criminal Court, Joshua A. Liebman

Fordham Law Review

This Note examines this dilemma and recent judicial approaches to it. Judges disagree about how guilty criminal defendants should be permitted to mount defenses at trial. Some have forbidden defense counsel from knowingly advancing any false exculpatory proposition. Others have permitted guilty defense attorneys to present sincere or truthful testimony in order to bolster a falsehood. And still others have signaled more general comfort with the idea that an attorney aggressively can pursue an acquittal on behalf of a guilty client. This Note seeks to resolve this issue by parsing the range of false defense tactics available to attorneys and …

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Time, Death, And Retribution, Chad Flanders Dec 2016

Time, Death, And Retribution, Chad Flanders

All Faculty Scholarship

The heart of a Lackey claim is that when a death row inmate is kept waiting too long for his execution, this delay can amount to cruel and unusual punishment — either because they delay is itself cruel and unusual, or because the execution on top of the delay is. All Lackey claims brought by death row inmates have failed, but not for want of trying. The usual complaint against Lackey claims is that those who, by their own appeals, delay their execution date cannot turn around and use that delay as an argument against their death sentences. I agree …

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Georgia's Safe Harbor Ruling For Affirmative Defenses In Criminal Cases Should Be Revisited, Ben W. Studdard, Michal A. Arndt Dec 2016

Georgia's Safe Harbor Ruling For Affirmative Defenses In Criminal Cases Should Be Revisited, Ben W. Studdard, Michal A. Arndt

Mercer Law Review

The State has the entire burden of proving the defendant's guilt of the offense charged beyond a reasonable doubt, reads the instruction given to every jury empaneled to try a criminal case in Georgia. The defendant has no burden of proof at all. Where the evidence raises a defense, the burden remains with the State to negate or disprove that defense beyond a reasonable doubt. But those same Georgia citizens, when summoned to federal jury service, may hear a very different instruction: that the defendant, upon raising an affirmative defense, has the burden of proof as to that defense, by …

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Criminal Law, Bernadette C. Crucilla Dec 2016

Criminal Law, Bernadette C. Crucilla

Mercer Law Review

As in prior periods, this year's survey of criminal law will include only a few of the most significant cases and statutory amendments. Due to the constant evolution of criminal laws in our society, it is simply not practical to attempt to make note of every legal development. Therefore, the discussion is limited to those changes that will have the widest application and interest to criminal law practitioners for the period from June 1, 2015 through May 31, 2016.

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Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell Dec 2016

Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell

West Virginia Law Review

No abstract provided.

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Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons Dec 2016

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz Dec 2016

Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm Dec 2016

Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm

Genocide Studies and Prevention: An International Journal

This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …

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Case Note: Case Of Vasiliauskas V. Lithuania In The European Court Of Human Rights, Stoyan Panov Dec 2016

Case Note: Case Of Vasiliauskas V. Lithuania In The European Court Of Human Rights, Stoyan Panov

Genocide Studies and Prevention: An International Journal

No abstract provided.

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Attempt, Merger, And Transferred Intent, Nancy Ehrenreich Dec 2016

Attempt, Merger, And Transferred Intent, Nancy Ehrenreich

Brooklyn Law Review

Recent years have seen a dramatic expansion in the transferred-intent doctrine via rulings involving attempt liability. In its basic form, transferred intent allows an intentional actor with bad aim who kills an unintended victim (instead of the intended target) to be punished for murder. Today, some courts allow conviction in such situations not only of transferred intent murder as to the actual victim, but of attempted murder of the intended victim as well. Critics of this expansion (as well as other similar variations) have argued that it distorts the meaning of transferred intent and imposes liability disproportionate to culpability. Little …

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Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg Dec 2016

Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg

Brooklyn Law Review

The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …

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Accidental Vitiation: The Natural And Probable Consequence Of Rosemond V. United States On The Natural And Probable Consequence Doctrine, Evan Goldstick Dec 2016

Accidental Vitiation: The Natural And Probable Consequence Of Rosemond V. United States On The Natural And Probable Consequence Doctrine, Evan Goldstick

Fordham Law Review

Recently, the Court decided Rosemond v. United States. In Rosemond, the Court had to determine the requisite mental state for aiding and abetting a particular federal crime. While the Court had the opportunity to weigh in on the natural and probable consequence doctrine in Rosemond, it declined to do so in footnote 7. This Note reviews the natural and probable consequence doctrine, its reception by courts and commentators, and the Court’s holding in Rosemond. This Note then applies the holding of Rosemond to several federal cases that employed the doctrine to determine whether, despite footnote 7, …

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A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater Dec 2016

A Legal And Ethical Puzzle: Defense Counsel As Quasi Witness, Elizabeth Slater

Fordham Law Review

The U.S. criminal justice system is built on the concept of an adversarial trial. The defense and prosecution present competing narratives to a neutral audience that judges whether the prosecution has proved its case beyond a reasonable doubt. In this context, defense counsel is expected to be a zealous advocate for the defendant, providing the most effective representation possible in light of the evidence presented by the government. However, there are occasions outside of trial where defense counsel’s traditional role changes and she is asked to disclose, not to the jury, but to the court, personal opinions and knowledge about …

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The Question Concerning Technology In Compliance, Sean J. Griffith Dec 2016

The Question Concerning Technology In Compliance, Sean J. Griffith

Brooklyn Journal of Corporate, Financial & Commercial Law

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.

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The Invisible Revolution In Plea Bargaining: Managerial Judging And Judicial Participation In Negotiations, Nancy J. King, Ronald F. Wright Dec 2016

The Invisible Revolution In Plea Bargaining: Managerial Judging And Judicial Participation In Negotiations, Nancy J. King, Ronald F. Wright

Vanderbilt Law School Faculty Publications

This Article, the most comprehensive study ofjudicial participation in plea negotiations since the 1970s, reveals a stunning array of new procedures that involve judges routinely in the settlement of criminal cases. Interviewing nearly one hundred judges and attorneys in ten states, we found that what once were informal, disfavored interactions have quietly, without notice, transformed into highly structured best practices for docket management. We learned of grant-funded problem-solving sessions complete with risk assessments and real-time information on treatment options; multicase conferences where other lawyers chime in; settlement courts located at the jail; settlement dockets with retired judges; full-blown felony mediation …

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Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act, Megan Demarco Dec 2016

Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act, Megan Demarco

Michigan Law Review

Federal prosecutors routinely charge public officials with “extortion under color of official right” under a public-corruption statute called the Hobbs Act. To be prosecuted under the Hobbs Act, a public official must promise official action in return for a bribe or kickback. The public official, however, does not need to have actual authority over that official action. As long as the victim reasonably believed that the public official could deliver or influence government action, the public official violated the Hobbs Act. Private citizens also solicit bribes in return for influencing official action. Yet most courts do not think the Hobbs …

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Say Hello To My Little Friend Civil Rico: The Third Circuit Green Lights Insurance Shakedown Of Big Pharma With In Re Avandia, Marie Bussey-Garza Dec 2016

Say Hello To My Little Friend Civil Rico: The Third Circuit Green Lights Insurance Shakedown Of Big Pharma With In Re Avandia, Marie Bussey-Garza

Villanova Law Review (1956 - )

No abstract provided.

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Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law Dec 2016

Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Fallacies In The Current Methods Of Prosecuting International Commercial Bribery, Ira Handa Dec 2016

Fallacies In The Current Methods Of Prosecuting International Commercial Bribery, Ira Handa

Cardozo Law Review

The note argues that the current legal framework for prosecuting international commercial bribery is inadequate and inconsistent compared to the robust regime established for international public bribery under the Foreign Corrupt Practices Act (FCPA). It advocates for comprehensive federal legislation specifically addressing international commercial bribery, modeled after the FCPA but tailored to the private sector, to bridge this gap and address the significant harms caused by such bribery.

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The Insular Citizens: America's Lost Electorate V. Stare Decisis, Nathan Muchnick Dec 2016

The Insular Citizens: America's Lost Electorate V. Stare Decisis, Nathan Muchnick

Cardozo Law Review

The note examines the historical and ongoing implications of the Insular Cases, which established a form of colonial governance over U.S. territories like Puerto Rico, denying residents full citizenship rights. It argues that these cases, rooted in outdated political and racial biases, contradict modern democratic principles and urges the Supreme Court to overturn this precedent to enfranchise Puerto Rican citizens.

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Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie Nov 2016

Recent Developments; Immigration And Naturalization -- Effect Of State Conviction Of Minor Drug Offense By Youthful Offenders -- Availability Of Relief From Mandatory Deportation Based On State Certificate Of Relief From Disabilities Granted As A Result Of The Conviction (Rehman V. Immigration And Naturalization Service, 2d Cir 1976), Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.

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Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto Nov 2016

Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto

Nevada Supreme Court Summaries

The Court found that the district court did not err when it found no violation of NRS 172.145(2). The Court interpreted NRS 172.145(2), which creates a duty on district attorneys to submit evidence to a grand jury if they are “aware” it will “explain away the charge.” The Court determined that a district attorney must be “aware” evidence has exculpatory value before there is a duty to present the evidence to a grand jury. The district attorney is not obligated to present exculpatory evidence it possesses but does not recognize as exculpatory. In the case at issue, because the district …

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Johnson V. Kelley, Bruce Green Nov 2016

Johnson V. Kelley, Bruce Green

Amicus Briefs

No abstract provided.

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Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman Nov 2016

Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman

Court Briefs

No abstract provided.

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The School-To-Prison Pipeline: How Roles Of School-Based Law Enforcement Officers May Impact Disciplinary Actions, Kathy Martinez-Prather, Joseph M. Mckenna, Scott W. Bowman Nov 2016

The School-To-Prison Pipeline: How Roles Of School-Based Law Enforcement Officers May Impact Disciplinary Actions, Kathy Martinez-Prather, Joseph M. Mckenna, Scott W. Bowman

Qualitative Criminology (QC)

"The presence of law enforcement officers in schools has generated an overwhelming amount of concern among educators, parents, researchers, and policy-makers. It is believed their mere presence in schools is associated with the school-to-prison pipeline (STPP), which suggests that the use of police criminalizes minor student behavior and pushes them into the juvenile and criminal justice systems. However, it remains unclear as to what impact law enforcement officers truly have on this phenomenon. The purpose of this study is to examine the impact of law enforcement officers on the STPP in relation to the roles they are assigned. We argue …

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The Emergence Of Contemporary Bestiality Law: Applying The Integrative Conflict Model To The Enumclaw Case, Jason S. Ulsperger, Kristen L. Ulsperger, Cole Smith Nov 2016

The Emergence Of Contemporary Bestiality Law: Applying The Integrative Conflict Model To The Enumclaw Case, Jason S. Ulsperger, Kristen L. Ulsperger, Cole Smith

Qualitative Criminology (QC)

"This article examines the social construction of bestiality law in the United States using the Integrative Conflict Model of law formation. With qualitative findings from a media content study including newspaper articles, a documentary transcript, and a variety of online data sources, it explores the dynamics behind the formation of bestiality law in the state of Washington. The research specifically uses the circumstances surrounding the death of Kenneth Pinyan, and the subsequent Enumclaw horse sex scandal that took place in the summer of 2005, to support the idea that bestiality law can emerge due to specific factors: structural foundations, perceptions …

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Lois Presser And Sveinung Sandberg (Eds), Narrative Criminology: Understanding Stories Of Crime, Adam Veitch Nov 2016

Lois Presser And Sveinung Sandberg (Eds), Narrative Criminology: Understanding Stories Of Crime, Adam Veitch

Qualitative Criminology (QC)

"Over the last two decades there has been an epistemological push in the social sciences to bring narrative into the methodological fold. Narrative social science is steeped in theories of humans as story tellers. The foreword to Narrative Criminology argues that this theoretical line of thought originates in Jean-Paul Sartre’s belief that people are fundamentally storytelling creatures, or “homo narrativus.” The guiding thought here is that stories are central to understanding how and why we act in society. We are all storytellers, and we enjoy sharing tales with an audience. Furthermore, the way that we construct stories of our social …

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