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Articles 6331 - 6360 of 7302
Full-Text Articles in Criminal Procedure
There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman
There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman
Publications
No abstract provided.
A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin
A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin
Cardozo Journal of Equal Rights & Social Justice
The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.
Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter
Harmless Error In The Penalty Phase Of A Capital Case: A Doctrine Misunderstood And Misapplied, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein
A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden
Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden
Faculty Scholarship
No abstract provided.
Guideline Developments In The First Circuit: The Two Faces Of Appellate Review, Aaron J. Rappaport
Guideline Developments In The First Circuit: The Two Faces Of Appellate Review, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
Reviewing Departures: The First Circuit's New Rivera Rule, Aaron J. Rappaport
Reviewing Departures: The First Circuit's New Rivera Rule, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
Reel Time/Real Justice, Kimberlé W. Crenshaw
Reel Time/Real Justice, Kimberlé W. Crenshaw
Faculty Scholarship
Like the Anita Hill/Clarence Thomas hearings a few months before, the Rodney King beating, the acquittal of the Los Angeles police officers who "restrained" him and the subsequent civil unrest in Los Angeles flashed Race across the national consciousness and the gaze of American culture momentarily froze there. Pieces of everyday racial dynamics briefly seemed clear, then faded from view, replaced by presidential politics and natural disasters.
This Essay examines in more depth what was exposed during the momentary national focus on Rodney King. Two main events – the acquittal of the police officers who beat King and the civil …
Voice And Text In Constitutionalism, Ferenc Feher
Voice And Text In Constitutionalism, Ferenc Feher
Cardozo Law Review
No abstract provided.
Constitutional Identity, George P. Fletcher
Constitutional Posture Of Canine Sniffs, Lina Shahin
Constitutional Posture Of Canine Sniffs, Lina Shahin
Touro Law Review
No abstract provided.
Blackmail: The Paradigmatic Crime, George P. Fletcher
Blackmail: The Paradigmatic Crime, George P. Fletcher
Faculty Scholarship
The ongoing debate about the rationale for punishing blackmail assumes that there is something odd about the crime. Why, the question goes, should demanding money to conceal embarrassing information be criminalized when there is nothing wrong with the separate acts of keeping silent or requesting payment for services rendered? Why should an innocent end (silence) coupled with a generally respectable means (monetary payment) constitute a crime? This supposed paradox, however, is not peculiar to blackmail. Many good acts are corrupted by doing them for a price. There is nothing wrong with government officials showing kindness or doing favors for their …
Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson
Getting To Know: Honoring Women In Law And In Fact, Lynne Henderson
Scholarly Works
No abstract provided.
Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan Sturm
Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan Sturm
Faculty Scholarship
The rise of the public interest law movement ushered in an era of intense debate over the best way to provide legal representation to those unable to afford private counsel. This debate has involved two related dimensions of public interest representation. First, advocates and observers of public interest practice disagree over the proper role of lawyers acting on behalf of poor and underrepresented clients. They offer competing visions of representation spanning a continuum, from providing equal access to the courts for as many poor people as possible, to attacking the causes and effects of poverty and powerlessness.
The second dimension …
Criminal Law And Procedure, John O. Cole
Criminal Law And Procedure, John O. Cole
Mercer Law Review
The Georgia appellate courts wrote opinions in over 500 cases during the year of the survey period, most of which were in the court of appeals. The volumes in question in this survey are positively bloated with criminal appeals. Reading through them is a depressing experience for two reasons. First, something seems amiss in a system in which so many attorneys, judges, law clerks, other officials, printers, and trees participate in an appellate process that for the most part changes nothing and has no effect on the litigants. Second, while some of the appeals are meritless to the point of …
Two Cheers For A Tale Of Three Cities, David Yellen
John D. Appel, Arthur J. Jacobson
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer
Cardozo Law Review
No abstract provided.
Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo
Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Tricks Prosecutors Play, Bennett L. Gershman
Tricks Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”
Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning
Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff
The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff
Cardozo Law Review
No abstract provided.
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay
The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay
Research Collection Yong Pung How School Of Law
One of the central philosophies underlying the Report of the Royal Commission into NSW Prisons is revealed in the widely quoted aphorism, "A person is sent to prison as punishment, not for punishment". The conditions under which prisoners are contained feature crucially in assessing both the perceptions and reality of prison as a punishment. Expectations for the experience of imprisonment vary enormously. These expectations in many particular forms have been used to justify the expansion and diversification of the penal sanction. In their most modest representation, however, it is hoped that "by treating all prisoners humanely in a manner befitting …
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Law Faculty Publications
No abstract provided.
An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt
An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
For many outside the legal profession, the end of a legal case is the reading of the verdict. However, that is only the beginning for those being judged. One of the most significant and delicate tasks within the sphere of the legal system is that of sentencing those convicted. Because of the extreme personal impact that a judge's sentencing has on each individual, the most effective approach to creating guidelines for sentencing has been a hot topic of debate. Upon the birth of the Sentencing Reform Act of 1984, the system changed from one of standards to one of often …