Criminal Law Commons^™

The Upside Down Mississippi Problem: Addressing Procedural Disparity Between Federal And State Criminal Defendants In Concurrent Jurisdiction Prosecutions, Jordan Gross

Hamline Law Review

Abstract

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.

Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Criminal Justice Faculty Publications

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …

The Military's Sexual Assault Blind Spot, Eric R. Carpenter

Faculty Publications

The American military is in a well-publicized struggle to address its sexual assault problem. Critics say that those in the military who run the military justice system have a bias against the victims in these cases, where that bias is likely related to some form of sexism.

This article explores that problem and offers a social psychology explanation that supports the critics' position. This article explains the cognitive process that people use to solve these legal problems and then highlights a serious flaw in that process – the use of inaccurate rape schemas. This article focuses on two potential groups …

Criminal Inflictions Of Emotional Distress, Avlana Eisenberg

Scholarly Publications

This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way.

In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …

The Mentally Ill Who May Kill Go Unreported Still: Exploration Of Potential Nevada Nics Reporting Reform, Craig D. Friedel

Nevada Law Journal

No abstract provided.

Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Criminal Asset Forfeiture And The Sixth Amendment After "Southern Union" And "Alleyne:" State-Level Ramifications, Brynn Applebaum

Vanderbilt Law Review

The Founding Fathers thought the jury-trial right was so fundamental to our system of justice that they included it in the Sixth Amendment of the United States Constitution. The right to trial by jury serves to protect criminal defendants against government overreaching by ensuring that they will be judged by their fellow citizens.' And as a whole, our system of justice and our citizenry have remained committed to the jury trial. But since the Founding, the Supreme Court has narrowed the application of the Sixth Amendment's guaranty.

Two decades ago, the Supreme Court decided in Libretti v. United States that …

Rosemond, Mens Rea, And The Elements Of Complicity, Kit Kinports

San Diego Law Review

The confluence of two widely invoked federal statutes—one governing accomplice liability, the other imposing a sentencing enhancement when firearms are involved in a violent or drug trafficking crime—reached the Supreme Court this past term in Rosemond v. United States. The Court’s analysis of the mens rea issues raised in that case starkly illustrates the confusion characterizing this area of complicity law, which has attracted surprisingly little attention from courts, legislators, or scholars. The lack of clarity is particularly acute for crimes like the weapons offense in Rosemond that can plausibly be interpreted to include a circumstance element. This Article attempts …

The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss

Washington and Lee Law Review

No abstract provided.

The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright

University of Richmond Law Review

No abstract provided.

Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass

University of Richmond Law Review

No abstract provided.

Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid

University of Richmond Law Review

No abstract provided.

Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate

University of Richmond Law Review

No abstract provided.

The Executioner's Dilemmas, Eric Berger

University of Richmond Law Review

No abstract provided.

Interrogation Policies, Brandon L. Garrett

University of Richmond Law Review

No abstract provided.

Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, Sean Daly

Nevada Law Journal

No abstract provided.

The Death Penalty: Should The Judge Or The Jury Decide Who Dies?, Valerie P. Hans, John H. Blume, Theodore Eisenberg, Amelia Courtney Hritz, Sheri L. Johnson, Caisa Elizabeth Royer, Martin T. Wells

Cornell Law Faculty Publications

This article addresses the effect of judge versus jury decision making through analysis of a database of all capital sentencing phase hearing trials in the State of Delaware from 1977– 2007. Over the three decades of the study, Delaware shifted responsibility for death penalty sentencing from the jury to the judge. Currently, Delaware is one of the handful of states that gives the judge the final decision-making authority in capital trials. Controlling for a number of legally relevant and other predictor variables, we find that the shift to judge sentencing significantly increased the number of death sentences. Statutory aggravating factors, …

What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon

Faculty Scholarship

This symposium article responds to the question, what's left of the law in the wake of ADR? The article addresses this question in the context of the criminal justice system in the United States. As with civil cases, few criminal cases go to trial. Negotiated agreements through plea bargaining have been the predominate form of case resolution since at least the mid-twentieth century. Plea bargaining, as with other forms of alternative dispute resolution, is an informal process that operates largely outside the formal legal system. Plea bargains are rarely negotiated on the record in open court. Instead, they are usually …

Witnessing Executions, Frank Green

University of Richmond Law Review

No abstract provided.

The Politics Of Botched Executions, Corinna Barrett Lain

University of Richmond Law Review

No abstract provided.

Lethal Injections: States Medicalize Execution, Joel B. Zivot

University of Richmond Law Review

No abstract provided.

Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith

University of Richmond Law Review

No abstract provided.

A Battle Of The Amendments: Why Ending Discrimination In The Courtroom May Inhibit A Criminal Defendant’S Right To An Impartial Jury, Gina M. Chiappetta

Fordham Law Review

    Since the U.S. Supreme Court began limiting the exercise of peremptory challenges to safeguard potential jurors from discrimination, it has faced a nearly impossible task. The Court has attempted to safeguard a juror’s equal protection rights without eradicating the peremptory challenge’s ability to preserve a criminal defendant’s right to an impartial jury. Under the current legal framework, it is not certain whether either constitutional right is adequately protected. This Note examines the history of the Supreme Court’s limitation on peremptory challenges. It then discusses the current federal circuit split over whether peremptory challenges should be further limited. Finally, this Note …

Criminal Infliction Of Emotional Distress, Avlana K. Eisenberg

Michigan Law Review

This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way. In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …

Keynote Speaker, Jonathan Rapping

Working in the Public Interest Conferences

Keynote address presented by president and founder of Gideon’s Promise and director of the honors program in criminal justice at Atlanta’s John Marshall Law School, lecturer on law at Harvard Law School, 2014 MacArthur Foundation fellow and "genius grant" recipient, and 2013 Public Interest Scholar in Residence at Touro Law School.

Suffocated Habeas Corpus And Merciless Clemency In The Execution Of Warren Hill, Donald E. Wilkes Jr.

Popular Media

On Tuesday, Jan. 27, 2015, the state of Georgia executed Warren Lee Hill, Jr. by lethal injection at the state prison in Jackson. This state unconstitutionally wielded its most dangerous and irreversible power, the power to kill. A prisoner with significantly sub-average intellectual functioning, a 54-year old man with the mind of a boy, was strapped down and killed in flagrant violation of a provision of the Bill of Rights intended to maintain human dignity.

This article discusses capital punishment against intellectually disabled individuals and how the erosion of habeas corpus at the Federal and state level and the abandonment …

Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack

Law School Blogs

No abstract provided.

The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman

NULR Online

No abstract provided.