Criminal Law Commons^™

The Inequality Of America's Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John Bessler

All Faculty Scholarship

We live in a divided society, from gated communities to cell blocks congested with disproportionate numbers of young African-American men. There are rich and poor, privileged and homeless, Democrats and Republicans, wealthy zip codes and stubbornly impoverished ones. There are committed "Black Lives Matter" protesters, and there are those who—invoking "Blue Lives Matter" demonstrate in support of America‘s hardworking police officers. In her new article, "Matters of Strata: Race, Gender, and Class Structures in Capital Cases," George Washington University law professor Phyllis Goldfarb highlights the stratification of our society and offers a compelling critique of America‘s death penalty regime—one, she …

Editorial, Judith Rowbotham, Kim Stevenson, Samantha Pegg

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

No abstract provided.

Dna And Distrust, Kerry Abrams, Brandon L. Garrett

Faculty Scholarship

Over the past three decades, government regulation and funding of DNA testing has reshaped the use of genetic evidence across various fields, including criminal law, family law, and employment law. Courts have struggled with questions of when and whether to treat genetic evidence as implicating individual rights, policy trade-offs, or federalism problems. We identify two modes of genetic testing: identification testing, used to establish a person’s identity, and predictive testing, which seeks to predict outcomes for a person. Judges and lawmakers have often drawn a bright line at predictive testing, while allowing uninhibited identity testing. The U.S. Supreme Court in …

The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Modern-Day Monitorships, Veronica Root

Faculty Scholarship

When a sexual abuse scandal rocked Penn State, when Apple was found to have engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a "Modern-Day Monitorship”. Modern-day monitorships are utilized in an array of contexts to assist in widely varying re­mediation efforts. This is because they provide outsiders with a unique source of information about the efficacy of the tarnished organization's efforts to resolve misconduct. Yet, despite their use in high profile and serious matters of organi­zational wrongdoing, they are not an outgrowth of careful study …

The Death Penalty And The Fifth Amendment, Joseph Blocher

Faculty Scholarship

Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?

Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant …

Military Justice, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Schofield V. State, 132 Nev. Adv. Op. 26 (Apr. 21, 2016), Kristian Kaskla

Nevada Supreme Court Summaries

The Court determined that (1) Nevada’s first-degree kidnapping statute NRS 200.310(1)'s "intent to keep" language is ambiguous; (2) NRS 200.310(1) requires proof that the accused intended to keep the minor for a protracted period of time or permanently; and (3) reversal is warranted because there is insufficient evidence to support appellant's first-degree kidnapping conviction under the proper legal standard.

Reeling In The Redneck Yacht Club: A Recommendation For Bui Legislation And Enforcement Practices In Kentucky, Ross Bundschuh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

International Criminal Law, Linda Strite Murnane

The International Lawyer

No abstract provided.

Regional International Criminal Courts: An Idea Whose Time Has Come?, Firew Kebede Tiba

Cardozo Journal of Conflict Resolution

Regionalism in international relations is a fact of life. Regional judicial implementation of international norms is relatively common in the fields of international human rights, international investment, and trade laws. There are attempts to break ground in the realm of international criminal law by creating a regional international criminal court, such as the proposed addition of the criminal jurisdiction to the African Court of Justice and Human Rights. Although there was momentum in creating a universal permanent international criminal court, the enthusiasm for the tribunal's exercise of jurisdiction has not continued. The International Criminal Court ("ICC") will remain short of …

Adolescent Sex Offender Registration Policy: Perspectives On General Deterrence Potential From Criminology And Developmental Psychology, Cynthia J. Najdowski, H. M. Cleary, M. C. Stevenson

Psychology Faculty Scholarship

Sex offender registration policies have expanded rapidly, now extending to adolescent offenders across the nation. Policies mandating registration are based, in part, on arguments that registration is needed to prevent dangerous sex offenders from committing additional offenses and that risk of registration deters would-be offenders from offending in the first place. Research suggests that registration does not serve the former specific deterrent function for adolescents, but less is known regarding the latter goal of general deterrence. The disciplines of criminology and developmental psychology both offer important theoretical perspectives, but these frameworks have yet to be applied to this unique context. …

Federal Preemption On Michigan State's Authority Enacting Law Concerning Ballast Water Discharge In The Great Lake, Mengxue Xie

War Crimes Memoranda

No abstract provided.

Practice Regarding Motions For Acquittal At The Close Of Evidence For The Prosecution. Specifically An Overview Of The Law And Practice Of The International Criminal Tribunals Regarding Motions For Judgment Of Acquittal At The Close Of The Prosecution Case, The Legal Standards Applied By The Other Tribunals That Also Provide For Such Motions, As Well As In The Practice Adopted, Including Whether The Practice Involves Full Briefing By The Parties Or Just Oral Argument., Daniel Joseph Carravallah

War Crimes Memoranda

No abstract provided.

Disagreement Settlement Between Co-Investigating Judges When Super-Majority Vote Is Not Reached In Pre-Trial Chamber, Yitao Li

War Crimes Memoranda

No abstract provided.

Scope Of Judicial Discretion Over Indictment At The Pre-Trial Level. Specifically Addressing Whether A Suspect Or Charged Person May Be Indicted By The Co-Investigating Judges For Specific Criminal Events That Have Not Been Specifically Requested To Be Investigated In Either An Introductory Or Supplemental Submission Against That Suspect By The Co-Prosecutors? If So, Under What Conditions?, Victoria Sarant

War Crimes Memoranda

No abstract provided.

Can Thomas Kwoyelo Negate The Requisite Mens Rea By Qualifying For Any Psychological Defenses Resulting From His Adbuction During His Childhood By A Militant Organization?, Scott Bobbitt

War Crimes Memoranda

No abstract provided.

Can A Service Member Who Lies In Order To Obtain Leave Still Be Charged With Being Absent Without Leave Under Article 86 Of The Uniform Code Of Military Justice?, Christina Marie Dombrowski

War Crimes Memoranda

No abstract provided.

The Environmental Protection Of The Great Lakes And Enbridge’S Line 5 Under The Straits Of Mackinac, Brittany Hock

War Crimes Memoranda

No abstract provided.

Speed Of The Eccc Trials Compared To Other International Trials And Tribunals. Specifically Discussing The Numerical Speed Of The Pre-Indictment, Pre-Trial, And Trial Phases As Compared To Other International Trials And Tribunals. Also Specifically Discussing Whether The Eccc Comparatively Fails To Achieve The Purposes Of International Criminal Trials As A Direct Result Of The Speed Of The Eccc’S Process., Erin Rosson

War Crimes Memoranda

No abstract provided.

Fairness Of The Trial Of Eccc Case 002/01 Compared To Other Comparable Judgments In International Tribunals, Nicole Triola

War Crimes Memoranda

No abstract provided.

How Does The Judgement Of The Eccc Trial Chamber Against Nuon Chea And Khieu Samphan In Case 002/01 Compare With The Judgments Of Other International Criminal Courts Or Tribunals In Terms Of The Quality And Quantity Of The Evidence Relied On As The Basis Of Convictions?, Sabrina Turner

War Crimes Memoranda

No abstract provided.

Relationship Between Old Age And Prosecution Specifically Addressing Whether Old Age Should Ever Be A Factor In Deciding Whether To Prosecute Large Scale Human Rights Abusers, Assuming Reasonable Health., Valerie Villacampa

War Crimes Memoranda

No abstract provided.

Anarchy In The Tribal Border Regions – How Do Federal And State Governments Handle Transnational Crime Prevention And Enforcement In Tribal Border Regions?, Aji M. Drameh

War Crimes Memoranda

No abstract provided.

Indians, Race, And Criminal Jurisdiction In Indian Country, Alexander Tallchief Skibine

Utah Law Faculty Scholarship

With the possible exception of the Indian Major Crimes Act, the classification of “Indian” for the purposes of the ICCA and the Duro Fix is not “racial” even if it includes non-enrolled people of Indian ancestry with significant connections to tribal communities. Furthermore, although the first prong of the Rogers test should be eliminated on policy grounds, the holding of the Zepeda court that the first prong could be satisfied by proof of blood quantum from any Indian tribe, recognized or not, is highly suspicious, seems to be arbitrary, and boosts the argument that the classification of “Indian” in such …

In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy - Ferguson And Beyond, Mae Quinn

Journal Articles

No abstract provided.

Lights Hidden Under Bushel's Case, Thomas A. Green

Book Chapters

Some forty years ago, Charlie Donahue created a course which he titled "Law, Morals and Society." Designed for undergraduates, and situated among the offerings of the University of Michigan's interdisciplinary Medieval and Renaissance Collegium, the course reflected the approach to doing history that, as this volume recognizes, Charlie has followed throughout his long and enormously influential career as scholar, teacher, lecturer, and inepressible master of well-timed interventions during conference-panel discussion periods. "LMS" was composed of four units. Charlie, who taught two of them, led off with the legal basis for the deposition of Richard II; I followed with the law …

Forward Progress: A New Pattern Criminal Jury Instruction For Impeachment With Prior Inconsistent Statements Will Ease The Court’S Burden By Emphasizing The Prosecutor’S, 84 Fordham L. Rev. 1455 (2016), Hugh Mundy

UIC Law Open Access Faculty Scholarship

Due in part to the “difficult-to-follow” instruction, the Advisory Committee on the Federal Rules of Evidence (“the Advisory Committee” or “the Committee”) is now contemplating the expansion of Rule 801(d)(1)(A) to allow for the substantive admissibility of all prior inconsistent statements. While a revised rule would obviate the need for a limiting instruction, the change would enable federal prosecutors to offer out-of-court statements of tenuous reliability as proof against criminal defendants. A more just approach lies in a recrafted jury instruction—one which frames the admissibility of prior inconsistent statements in terms of the prosecutor’s burden of proof.

In this Article, …

Harte V. State, 132 Nev., Adv. Op. 40 (June 2, 2016), Brandonn Grossman

Nevada Supreme Court Summaries

The Court reaffirmed Flanagan v State, holding that the district court has discretion to admit evidence of a codefendant’s sentence in penalty hearings and affirming the district court’s sentence in the matter.

The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero

Faculty Scholarship

No abstract provided.