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Articles 7711 - 7740 of 27546

Full-Text Articles in Criminal Law

Too Vast To Succeed, Miriam H. Baer Apr 2016

Too Vast To Succeed, Miriam H. Baer

Michigan Law Review

If sunlight is, in Justice Brandeis’s words, “the best of disinfectants,” then Brandon Garrett’s latest book, Too Big to Jail: How Prosecutors Compromise with Corporations might best be conceptualized as a heroic attempt to apply judicious amounts of Lysol to the murky world of federal corporate prosecutions. “How Prosecutors Compromise with Corporations” is the book’s neutral- sounding secondary title, but even casual readers will quickly realize that Garrett means that prosecutors compromise too much with corporations, in part because they fear the collateral consequences of a corporation’s criminal indictment. Through an innovation known as the Deferred Prosecution Agreement, or DPA, …

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The Cost Of Raising A Killer -- Parental Liability For The Parents Of Adult Mass Murderers, Shaundra K. Lewis Apr 2016

The Cost Of Raising A Killer -- Parental Liability For The Parents Of Adult Mass Murderers, Shaundra K. Lewis

Villanova Law Review (1956 - )

No abstract provided.

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State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow Mar 2016

State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow

Nevada Supreme Court Summaries

After a jury trial, Defendant was convicted of two counts of first-degree murder with the use of a deadly weapon, one count of conspiracy to commit murder, and related crimes. Defendant was sentenced to death of each murder. The district court denied Defendant’s motion to suppress statements he made in two interviews with police after his initial appearance before a magistrate. The Supreme Court reversed, holding (1) the district court did not err in denying Defendant’s motion to suppress, as his Sixth Amendment right to counsel attached at his initial appearance before the magistrate, but Defendant waived his right to …

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Problematika Peninjauan Kembali Dalam Sistem Peradilan Pidana Pasca Putusan Mahkamah Konstitusi Dan Pasca Sema Ri No. 7 Tahun 2014 (Suatu Analisa Yuridis Dan Asas-Asas Dalam Hukum Peradilan Pidana), Seno Wibowo Gumbira Mar 2016

Problematika Peninjauan Kembali Dalam Sistem Peradilan Pidana Pasca Putusan Mahkamah Konstitusi Dan Pasca Sema Ri No. 7 Tahun 2014 (Suatu Analisa Yuridis Dan Asas-Asas Dalam Hukum Peradilan Pidana), Seno Wibowo Gumbira

Jurnal Hukum & Pembangunan

Problems of extraordinary legal remedy on Reconsideration, especially in the criminal justice process in Indonesia following the Ruling of judicial review of the Constitutional Court Number 34 IPPU-XI I 2013 and SEMA Decree No. 7 of 2014 issued by the Supreme Court had the same problem juridical in contradictory with the principles both within the criminal justice system and the principle of the science of law in Indonesia, those principles include the principle of ne bis in idem, the principle of justice which one quick, simple and low cost, the principle of litis finiri oportet, …

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Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi Mar 2016

Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi

Jurnal Hukum & Pembangunan

Restorative Justice approach in conflict resolution is basically a new method of settling disputes, especially in the concept-criminal cases, but using traditional patterns whose values have no concept of local wisdom in each culture. Therefore, the application of restorative justice approach in conflict resolution, in fact is the use of traditional patterns with the values of the resolution of the existing conflicts in wisdom local culture, with a focus on fulfillment of justice victims, through the concept of equality, partnership, reconciliation and participation.

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Phong T. Vu V. Second Jud. Dist. Ct. Of Nev., 123 Nev. Adv. Op. 21 (Mar. 31, 2016), Chelsea Finnegan Mar 2016

Phong T. Vu V. Second Jud. Dist. Ct. Of Nev., 123 Nev. Adv. Op. 21 (Mar. 31, 2016), Chelsea Finnegan

Nevada Supreme Court Summaries

Under NRS 433A.310(1)(b), a district court may issue an order of involuntary admittance to a mental health facility if there is clear and convincing evidence that the person is likely to harm himself or others. Here, the Court held that (1) a district court is not required to wait 30 days for a final order under NRS 433A.310(1)(b) before transmitting an involuntary admission to the proper agency, and (2) based on sufficient evidence, the district court properly concluded the petitioner should be admitted to a mental health facility.

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Behavioral Genetics & Criminal Culpability: Addressing The Problem Of Free Will In The Context Of The Modern American Justice System, Tufik Y. Shayeb Mar 2016

Behavioral Genetics & Criminal Culpability: Addressing The Problem Of Free Will In The Context Of The Modern American Justice System, Tufik Y. Shayeb

University of the District of Columbia Law Review

More important than the insensitivity of certain criminal offenders to changes and benefits is the impropriety of casting the crime problem wholy in terms of a utilitarian calculus. The most serious offenses are crimes not simply because society finds them inconvenient, but because it regards them with moral horror. To steal, to rape, to rob, to assault - these acts are destructive of the very possibility of society and affronts to the humanity of their victims.

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Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P. Mar 2016

Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P.

The Catholic Lawyer

No abstract provided.

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Like Snow To The Eskimos And Trump To The Republican Party: The Ali's Many Words For, And Shifting Pronouncements About, "Affirmative Consent", Kevin Cole Mar 2016

Like Snow To The Eskimos And Trump To The Republican Party: The Ali's Many Words For, And Shifting Pronouncements About, "Affirmative Consent", Kevin Cole

Faculty Scholarship

This short piece examines changes from prior drafts in the most recent draft (Preliminary Draft No. 6) of the American Law Institute's project on sexual assault law.

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Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian Mar 2016

Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian

Fordham Urban Law Journal

No abstract provided.

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The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche Mar 2016

The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche

Fordham Urban Law Journal

No abstract provided.

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A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig Mar 2016

A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig

Fordham Urban Law Journal

The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches. First, in …

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Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks Mar 2016

Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks

Fordham Urban Law Journal

No abstract provided.

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Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn Mar 2016

Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn

Fordham Urban Law Journal

No abstract provided.

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Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin Mar 2016

Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin

Fordham Urban Law Journal

No abstract provided.

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Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez Mar 2016

Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez

Fordham Urban Law Journal

No abstract provided.

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Aggregation And Urban Misdemeanors, Alexandra Natapoff Mar 2016

Aggregation And Urban Misdemeanors, Alexandra Natapoff

Fordham Urban Law Journal

The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders resolve entire classes of minor plea bargains based on standard local practices and pricing. Urban courts process hundreds of cases en masse. At each stage, the pressure to aggregate—to treat people and cases by group—weakens and sometimes eliminates individuated scrutiny of defendants and the evidence in their cases; people are largely evaluated, convicted, and punished by category and based on institutional habit. This wholesale process of …

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Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert Mar 2016

Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert

Fordham Urban Law Journal

No abstract provided.

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Crime, Surveillance, And Communities, Bennett Capers Mar 2016

Crime, Surveillance, And Communities, Bennett Capers

Fordham Urban Law Journal

We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …

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Policing, Protestors, And Discretion, Alafair Burke Mar 2016

Policing, Protestors, And Discretion, Alafair Burke

Fordham Urban Law Journal

No abstract provided.

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Sustainable Institutional Development And Combating Trafficking In Persons Through The Lens Of The International Criminal Investigative Training Assistance Program (Icitap), Eric Beinhart Mar 2016

Sustainable Institutional Development And Combating Trafficking In Persons Through The Lens Of The International Criminal Investigative Training Assistance Program (Icitap), Eric Beinhart

Journal of International and Comparative Law

No abstract provided.

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In Treatment: Comparing The Legality Of Medical Marijuana Under American Law And Jewish Law, Michael Schultz Mar 2016

In Treatment: Comparing The Legality Of Medical Marijuana Under American Law And Jewish Law, Michael Schultz

Journal of International and Comparative Law

No abstract provided.

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Different States: Huge Mistakes; The Pitfalls And Consequences Of Bringing International Defendants To The Wrong District, Michael Weinstock Mar 2016

Different States: Huge Mistakes; The Pitfalls And Consequences Of Bringing International Defendants To The Wrong District, Michael Weinstock

Journal of International and Comparative Law

No abstract provided.

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Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein Mar 2016

Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

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The ‘Hart’ Of The (Mr.) Big Problem, Adelina Iftene Mar 2016

The ‘Hart’ Of The (Mr.) Big Problem, Adelina Iftene

Articles, Book Chapters, & Popular Press

In 2014, the Supreme Court of Canada in R v Hart reviewed the application and evidentiary consequences of Mr. Big operation. For the majority, Moldaver J. changed the common law confessions rule so that it applies in Mr. Big scenarios based on a two-pronged test. Immediately after Hart, the SCC rendered a new decision in R v Mack where the two pronged test was leniently applied in favour of the Crown. In this article I argue that the SCC approach in Hart and its application in Mack failed to address to the core problems that Mr. Big operations pose. It …

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Targeted Killings By Drones: A Domestic And International Legal Framework, Catherine Lotrionte Mar 2016

Targeted Killings By Drones: A Domestic And International Legal Framework, Catherine Lotrionte

Journal of International and Comparative Law

No abstract provided.

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Traffic Stop: How The United States Can Improve Its Efforts To Halt Sex Trafficking, Timothy Fisher Mar 2016

Traffic Stop: How The United States Can Improve Its Efforts To Halt Sex Trafficking, Timothy Fisher

Journal of International and Comparative Law

No abstract provided.

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The Persistence Of Fatal Police Taserings, Part 2, Donald E. Wilkes Jr. Mar 2016

The Persistence Of Fatal Police Taserings, Part 2, Donald E. Wilkes Jr.

Popular Media

This article updates the author's previous article on the statistics on deaths resulting from police taserings.

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The Uneven Playing Field: Ethical Disparities Between The Prosecution And Defense Functions In Criminal Cases, Thomas F. Liotti, Christopher Zeh Mar 2016

The Uneven Playing Field: Ethical Disparities Between The Prosecution And Defense Functions In Criminal Cases, Thomas F. Liotti, Christopher Zeh

Touro Law Review

No abstract provided.

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Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland Mar 2016

Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland

Touro Law Review

No abstract provided.

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