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Criminal Procedure Commons™

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Yeshiva University, Cardozo School of Law

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Articles 481 - 510 of 795

Full-Text Articles in Criminal Procedure

Rethinking The Act Requirement, Douglas Husak May 2007

Rethinking The Act Requirement, Douglas Husak

Cardozo Law Review

No abstract provided.

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Holistic Culpability, Kimberly Kessler Ferzan May 2007

Holistic Culpability, Kimberly Kessler Ferzan

Cardozo Law Review

No abstract provided.

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The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger May 2007

The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger

Cardozo Law Review

No abstract provided.

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Prohibiting Immoralities, John Gardner May 2007

Prohibiting Immoralities, John Gardner

Cardozo Law Review

No abstract provided.

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Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher May 2007

Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher

Cardozo Law Review

No abstract provided.

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Consent And The Grammar Of Theft Law, Stuart P. Green May 2007

Consent And The Grammar Of Theft Law, Stuart P. Green

Cardozo Law Review

No abstract provided.

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Rights, Wrongs, And Comparative Justifications, Vera Bergelson May 2007

Rights, Wrongs, And Comparative Justifications, Vera Bergelson

Cardozo Law Review

No abstract provided.

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Criminalising Remote Harm And The Case Of Anti-Democratic Activity, Shlomit Wallerstein May 2007

Criminalising Remote Harm And The Case Of Anti-Democratic Activity, Shlomit Wallerstein

Cardozo Law Review

No abstract provided.

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Thinking Criminal Law, Meir Dan-Cohen May 2007

Thinking Criminal Law, Meir Dan-Cohen

Cardozo Law Review

No abstract provided.

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The Nature And Rationale Of Punishment, Albin Eser May 2007

The Nature And Rationale Of Punishment, Albin Eser

Cardozo Law Review

No abstract provided.

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The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa May 2007

The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa

Cardozo Law Review

No abstract provided.

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Legitimating Penal Law, Markus D. Dubber May 2007

Legitimating Penal Law, Markus D. Dubber

Cardozo Law Review

No abstract provided.

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Why Only The State May Inflict Criminal Sanctions: The Argument From Moral Burdens, Alon Harel May 2007

Why Only The State May Inflict Criminal Sanctions: The Argument From Moral Burdens, Alon Harel

Cardozo Law Review

No abstract provided.

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Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia Apr 2007

Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia

Cardozo Public Law, Policy & Ethics Journal

The article argues that status offenders, who commit non-criminal offenses such as truancy or running away, are unfairly treated similarly to juvenile delinquents in the court system. This treatment often leads to detention in the same facilities as delinquents, which can exacerbate behavioral issues and increase the likelihood of future criminal behavior. The author advocates for a distinct approach to handling status offenders, emphasizing the need for social services and alternative programs tailored to their specific needs rather than punitive measures.

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Birds Of An Illegal Feather: Prostitution And Paid Pornography Should Be Criminalized Together, Zachary David Streit Apr 2007

Birds Of An Illegal Feather: Prostitution And Paid Pornography Should Be Criminalized Together, Zachary David Streit

Cardozo Public Law, Policy & Ethics Journal

The note argues that prostitution and paid pornography should be criminalized together under the same legal framework. Both activities are criticized for their harmful effects, including the objectification and exploitation of women, as well as contributing to social ills such as disease and violence. The author advocates for the use of existing prostitution laws to prosecute those involved in pornography, arguing that this approach is legally sound and would help reduce the negative impacts of both industries.

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The Jurisprudence Of Punishment, Kyron J. Huigens Apr 2007

The Jurisprudence Of Punishment, Kyron J. Huigens

Articles

No abstract provided.

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Sensors And Sensibilities, Kevin Werbach Apr 2007

Sensors And Sensibilities, Kevin Werbach

Cardozo Law Review

No abstract provided.

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Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction Feb 2007

Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction

Cardozo Law Review

No abstract provided.

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Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell Feb 2007

Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell

Cardozo Law Review

No abstract provided.

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Negotiated Shame: An Inquiry Into The Efficacy Of Settlement In Imposing Publicity Sanctions On Corporations, Joshua Andrix Feb 2007

Negotiated Shame: An Inquiry Into The Efficacy Of Settlement In Imposing Publicity Sanctions On Corporations, Joshua Andrix

Cardozo Law Review

No abstract provided.

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Remarks: Enron And Multi-Jurisdictional Fraud, John R. Kroger Feb 2007

Remarks: Enron And Multi-Jurisdictional Fraud, John R. Kroger

Cardozo Law Review

No abstract provided.

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A Comment On Professor Buell's Paper, Charles Yablon Feb 2007

A Comment On Professor Buell's Paper, Charles Yablon

Cardozo Law Review

No abstract provided.

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Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb Feb 2007

Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb

Cardozo Law Review

No abstract provided.

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Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay Jan 2007

Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay

Cardozo Journal of Conflict Resolution

Part I of this article introduces the restorative justice paradigm. It defines restorative justice and its basic values and principles and presents two theories which illustrate the goals of restorative interventions and the basic requirements for their commencement. Part II introduces white-collar crime and focuses on high-profile white-collar crime committed by corporate executives. This part discusses the centrality of white-collar crime within the criminal justice system and society in general and reviews the latest developments in legislation and sentencing policies on white-collar crime. Part III argues that the restorative justice paradigm should be applied to high-profile white-collar crime as a …

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First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan, Harvey Gee Jan 2007

First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan, Harvey Gee

Cardozo Public Law, Policy & Ethics Journal

The Ninth Circuit Court ruled that California Penal Code section 148.6, which criminalized knowingly filing false allegations of misconduct against peace officers, violated the First Amendment. The court determined that the law impermissibly targeted criticism of police officers, constituting a content-based restriction on speech, and thus was unconstitutional.

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Selective Prosecution In Russia - Myth Or Reality?, Yelina Kvurt Jan 2007

Selective Prosecution In Russia - Myth Or Reality?, Yelina Kvurt

Cardozo Journal of International and Comparative Law

The note examines the issue of selective prosecution, focusing on the case of Mikhail Khodorkovsky, and argues that the Russian legal system lacks an explicit defense against such practices, which violate constitutional guarantees of equality before the law. It advocates for the adoption of a legal standard to address selective prosecution, drawing parallels with the U.S. legal framework while acknowledging the need to adapt it to Russia's unique judicial context.

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Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba Jan 2007

Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges and prospects of legal reform aimed at addressing domestic violence against women in Nigeria. It highlights the inadequacy of current laws, the cultural and societal barriers that discourage victims from seeking redress, and the need for comprehensive legal and systemic changes to protect women's rights. The analysis emphasizes the importance of addressing economic, cultural, and educational disparities to create a more just and equitable legal framework.

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The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel Jan 2007

The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel

Cardozo Journal of Conflict Resolution

In this article, I explore the deep assumptions and commitments associated with what I have called the restorative justice wager and the way in which they are embodied in restorative justice dialogue, the heart of restorative justice practice, in order to describe the important contribution that restorative justice has to offer to conventional forms of conflict resolution that have emerged in recent years. For this purpose the article is divided into three parts. Part I explores the definition of restorative justice in a criminal context and beyond in order to set up the discussion of the restorative justice wager and …

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Justice Or Forgiveness? In Search Of A Solution, Olga Botcharova Jan 2007

Justice Or Forgiveness? In Search Of A Solution, Olga Botcharova

Cardozo Journal of Conflict Resolution

The presentation will be based on the model I created during my work with the leaders of ethnic/religious communities (Orthodox, Catholic and Muslim) engaged in hostilities in the former Yugoslavia, during times of war and post-war. This work is summarized in two diagrams, Seven Steps Towards Revenge (inner circle) and Seven Steps Towards Reconciliation. In its entirety, the work represents a journey from revenge, understood as a natural response to an inflicted hurt, towards reconciliation, with forgiveness and justice playing crucial roles in the process. This model is in Appendix 1, together with a brief description of the stages …

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Why U.S. Federal Criminal Penalties For Dealing In Illicit Cultural Property Are Ineffective, And A Pragmatic Alternative, Derek Fincham Jan 2007

Why U.S. Federal Criminal Penalties For Dealing In Illicit Cultural Property Are Ineffective, And A Pragmatic Alternative, Derek Fincham

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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