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Articles 8791 - 8820 of 27587

Full-Text Articles in Criminal Law

On The Argument That Execution Protocol Reform Is Biomedical Research, Paul J. Litton Jan 2015

On The Argument That Execution Protocol Reform Is Biomedical Research, Paul J. Litton

Faculty Publications

Regardless of whether the Supreme Court rightly upheld Oklahoma’s execution protocol in Glossip, Oklahoma officials had inadequate reason to choose midazolam as the anesthetizing agent in its procedure. Their decision is one example illustrating Seema Shah’s point that death penalty states are engaged in “poorly designed experimentation that is not based on evidence.” Shah argues that “an important factor” causing the high rate of botched executions is that lethal injection reform is a type of human subjects research that is going unregulated. Shah argues that research requirements, such as informed consent and IRB review, are necessary to render the research …

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Timing Brady, Miriam H. Baer Jan 2015

Timing Brady, Miriam H. Baer

Faculty Scholarship

No abstract provided.

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Death By Discovery, Delay, And Disempowerment: Legal Authority For Arbitrators To Provide A Cost-Effective And Expeditious Process, Tracey B. Frisch Jan 2015

Death By Discovery, Delay, And Disempowerment: Legal Authority For Arbitrators To Provide A Cost-Effective And Expeditious Process, Tracey B. Frisch

Cardozo Journal of Conflict Resolution

Whether warranted or not, despite statistics to the contrary, arbitration in recent years has become a punching bag for criticism that it has begun to mirror the type of scorched earth discovery practices and delays seen in litigation. Why is this? Is it because parties are not actively participating in the arbitration process and instead have allowed their outside counsels to use the litigationstyle discovery and delay tactics with which counsel feel most comfortable? Maybe. Do parties themselves want protracted discovery and a drawn out arbitration process? Some, perhaps. Has arbitration become a victim of its own success, attracting more …

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Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, 35 B.C. J. L. & Soc. Just. 1 (2015), Hugh Mundy Jan 2015

Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, 35 B.C. J. L. & Soc. Just. 1 (2015), Hugh Mundy

UIC Law Open Access Faculty Scholarship

As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual …

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Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones Jan 2015

Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

Because of intensifying civil strife over the recent killings of unarmed Black men, women, and boys, many Americans are wondering, “What's wrong with our police?” Remarkably, one of the most compelling but unexplored explanations may rest with an FBI warning of October, 2006, which reported that “[W]hite supremacist infiltration of law enforcement” represented a significant national threat.

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Can Criminal Law Do Without Moralism?, Review Of Crime And Punishment: A Concise Moral Critique By Hyman Gross, Youngjae Lee Jan 2015

Can Criminal Law Do Without Moralism?, Review Of Crime And Punishment: A Concise Moral Critique By Hyman Gross, Youngjae Lee

Faculty Scholarship

This is a review of Hyman Gross, Crime and Punishment: A Concise Moral Critique (Oxford: Oxford University Press, 2012).

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Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks Jan 2015

Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks

Faculty Journal Articles and Book Chapters

This chapter explores the aspects of self-interest implicated by the US military prosecuting its own service members who violate the laws of war under different criminal charges than it prosecutes enemy belligerents who commit substantially similar offences. The chapter briefly explains how the US asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the …

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Taking Another Look At Second-Look Sentencing, Meghan J. Ryan Jan 2015

Taking Another Look At Second-Look Sentencing, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

A historically unprecedented number of Americans are currently behind bars. Our high rate of incarceration, and the high bills that it generates for American taxpayers, has led to a number of proposals for sentencing reform. For example, bills were recently introduced in both the House and Senate that would roll back federal mandatory minimum sentences for certain drug offenders, and the Obama Administration has announced a plan to grant clemency to hundreds of non-violent drug offenders. Perhaps the most revolutionary proposal, though, is one advanced by the drafters of the Model Penal Code, namely that judges be given the power …

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A Cost-Benefit Analysis Of The Federal Prosecution Of Immigration Crimes, Kit Johnson Jan 2015

A Cost-Benefit Analysis Of The Federal Prosecution Of Immigration Crimes, Kit Johnson

Faculty Articles

Immigration crimes are the most prosecuted federal crimes in America. This Article examines the benefits of the federal prosecution of immigration crimes (training, deterrence, and signaling/expression) and balances those benefits against the costs of such prosecutions (court- house costs, alternative prosecution, and incarceration). I conclude that deportation immediately following a conviction for an immigration crime appears to capture the key benefit of this system (signaling/expression) while alleviating its greatest expense (incarceration).

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Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts Jan 2015

Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts

Faculty Scholarship

No abstract provided.

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Around The Nation, Jonathan Yunes Jan 2015

Around The Nation, Jonathan Yunes

Criminal Law Practitioner

No abstract provided.

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Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell Jan 2015

Aba Collateral Consequences Summit: A Focused Dialogue For Improvement, Kelly Lyn Mitchell

Criminal Law Practitioner

No abstract provided.

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But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson Jan 2015

But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson

Seattle Journal for Social Justice

No abstract provided.

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Wrongful Convictions And Upstream Reform In The Criminal Justice System, Kate Kruse Jan 2015

Wrongful Convictions And Upstream Reform In The Criminal Justice System, Kate Kruse

Faculty Scholarship

This Article explores the viability of upstream criminal justice reforms within the context of an adversary and procedural system of criminal justice, focusing on reforms in eyewitness identification procedures. Mistaken eyewitness identification evidence is often cited as the leading cause of wrongful convictions in the United States. Eyewitness identification reforms have also been the most developed upstream efforts to grow out of the innocence movement. The success and limitation of upstream reform in eyewitness identification shed light on the efficacy of upstream criminal justice system reform more generally, as well as in areas that are less developed, such as the …

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Notice(Ing) Ex-Offenders: A Case Study Of The Manifest Injustice Of Passively Violating A "Felon-In-Possession" Statute, S. David Mitchell Jan 2015

Notice(Ing) Ex-Offenders: A Case Study Of The Manifest Injustice Of Passively Violating A "Felon-In-Possession" Statute, S. David Mitchell

Faculty Publications

Changing a law and criminalizing formerly legal conduct without providing notice of the change and without providing a reasonable period of time for the offending individual to comply with the change not only violates due process but is also manifestly unjust, especially given the scope and breadth of the collateral consequences that attach upon a felony conviction, such as the loss of the right to vote, to serve on a jury, or to receive certain benefits. With the far-reaching impact of a felony conviction on all areas of an individual's life, the maxim that "ignorance of the law excuses no …

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Revisited 2015: Protection Of U.S. Trade Secret Assets: Critical Amendments To The Economic Espionage Act Of 1996, 14 J. Marshall Rev. Intell. Prop. L. 476 (2015), R. Mark Halligan Jan 2015

Revisited 2015: Protection Of U.S. Trade Secret Assets: Critical Amendments To The Economic Espionage Act Of 1996, 14 J. Marshall Rev. Intell. Prop. L. 476 (2015), R. Mark Halligan

UIC Review of Intellectual Property Law

In order to protect the national and economic interests of the United States, the Economic Espionage Act was enacted in 1996. Although intended to prevent and deter trade secret theft, the EEA is limited to criminal prosecutions. Critical amendments to the EEA are required to create a civil cause of action in the new information-based economy and the international marketplace. In 2008, the author recommended two critical amendments to the Economic Espionage Act that have been vetted and have been the subject of legislative proposals for the past 7 years. The author now revisits developments since 2008 and underscores the …

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Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett Jan 2015

Unspringing The Witness Memory And Demeanor Trap: What Every Judge And Juror Needs To Know About Cognitive Psychology And Witness Credibility, Mark W. Bennett

American University Law Review

The soul of America's civil and criminal justice systems is the ability of jurors and judges to accurately determine the facts of a dispute. This invariably implicates the credibility of witnesses. In making credibility determinations, jurors and judges necessarily decide the accuracy of witnesses' memories and the effect of the witnesses' demeanor on their credibility. Almost all jurisdictions' pattern jury instructions about witness credibility explain nothing about how a witness's memories for events and conversations work-and how startlingly fallible memories actually are. They simply instruct the jurors to consider the witness's "memory" with no additional guidance. Similarly, the same pattern …

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Complicity And Strict Liability: A Logical Inconsistency?, Michael Bohan Jan 2015

Complicity And Strict Liability: A Logical Inconsistency?, Michael Bohan

University of Colorado Law Review

"[T]o make a complete crime, cognizable by human laws, there must be both a will and an act.., an unwarrantable act without a vicious will is no crime at all. "I The term "vicious will" illustrates the relationship between blameworthiness and punishment; the foundation of all criminal law, and the justification for the doctrine of complicity liability. The Colorado Supreme Court recently granted certiorari review of People v. Childress, a case in which the Court of Appeals held that one cannot be complicit in a strict liability crime. This holding is difficult to reconcile with Colorado's application of the complicity …

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Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson Jan 2015

Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson

Criminal Law Practitioner

No abstract provided.

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A Sober Approach To Drugged Driving: Oklahoma’S Hb 1441 And The Role Of Courts, Blake Johnson Jan 2015

A Sober Approach To Drugged Driving: Oklahoma’S Hb 1441 And The Role Of Courts, Blake Johnson

Oklahoma Law Review

No abstract provided.

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Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster Jan 2015

Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster

Oklahoma Law Review

No abstract provided.

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Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing, Jenny Fehring Jan 2015

Letting One Fly Over The Cuckoo's Nest: Why Automatic Reversal Is The Only Effective Remedy For Denial Of Counsel At A Mental Competency Hearing, Jenny Fehring

Oklahoma Law Review

No abstract provided.

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Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan Jan 2015

Calling A Spade A Spade: Understanding Sex Offender Registration As Punishment And Implications Post-Starkey, Alex Duncan

Oklahoma Law Review

No abstract provided.

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Msop: A Minnesota State Senator's Perspective, Kathy Sheran Jan 2015

Msop: A Minnesota State Senator's Perspective, Kathy Sheran

William Mitchell Law Review

No abstract provided.

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Msop: A County Attorney's Perspective, Mark A. Ostrem Jan 2015

Msop: A County Attorney's Perspective, Mark A. Ostrem

William Mitchell Law Review

No abstract provided.

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Prevention Is Possible: Aligning Priorities To End Sexual Violence, Donna Dunn Jan 2015

Prevention Is Possible: Aligning Priorities To End Sexual Violence, Donna Dunn

William Mitchell Law Review

No abstract provided.

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Ramsey County Mental Health Court: Working With Community Partners To Improve The Lives Of Mentally Ill Defendants, Reduce Recidivism, And Enhance Public Safety, John H. Guthmann Jan 2015

Ramsey County Mental Health Court: Working With Community Partners To Improve The Lives Of Mentally Ill Defendants, Reduce Recidivism, And Enhance Public Safety, John H. Guthmann

William Mitchell Law Review

No abstract provided.

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Protecting Victims Of Domestic Abuse From An Overly Rigid Interpretation Of The Implied Consent Law—Axelberg V. Commissioner Of Public Safety, Allira Sharma Jan 2015

Protecting Victims Of Domestic Abuse From An Overly Rigid Interpretation Of The Implied Consent Law—Axelberg V. Commissioner Of Public Safety, Allira Sharma

William Mitchell Law Review

No abstract provided.

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Criminal Law: No Looking Back: Narrowing The Scope Of The Retroactivity Doctrine For Juveniles Sentenced To Life Without Release—Roman Nose V. State, Alex Mazurek Jan 2015

Criminal Law: No Looking Back: Narrowing The Scope Of The Retroactivity Doctrine For Juveniles Sentenced To Life Without Release—Roman Nose V. State, Alex Mazurek

William Mitchell Law Review

No abstract provided.

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Throw Away The Jail Or Throw Away The Key? The Effect Of Punishment On Recidivism And Social Cost, Miguel De Figueiredo Jan 2015

Throw Away The Jail Or Throw Away The Key? The Effect Of Punishment On Recidivism And Social Cost, Miguel De Figueiredo

Faculty Articles and Papers

"We jail too many people and it costs too much. Incarceration is not only expensive, it also is prone to ""hardening"" and negative peer learning effectshat may increase recidivism. With local, state, and federal budgets at a breaking point, politicians and regulators are increasingly considering alternative approaches to preventing crime. Yet, they face a problem. Studies show that incapacitation is a successful way of reducing crime, yet most scholars and policymakers think that the only way to incapacitate is to incarcerate. This study demonstrates that this assumption is problematic, arguing that we should understand incapacitation along a continuum, with incarceration …

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