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Articles 7801 - 7830 of 12092

Full-Text Articles in Criminal Procedure

Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton Jan 2005

Co-Teaching International Criminal Law: New Strategies To Meet The Challenges Of A New Course, Stacy Caplow, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

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Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres Jan 2005

Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres

Faculty Scholarship

In instances of collective violence — apartheid in South Africa, mass killings in Rwanda, and other crimes against humanity such as slavery — what response provides justice? How can justice be achieved under such a system? Legal justice through prosecution would be unjust. This opens the possibility of nonprosecution alternatives involving forgiveness. Hélène Cixous’s play about forgiveness as an alternative to criminal prosecution, The Perjured City: Or, the Awakening of the Furies, was written in response to an actual case of failed justice in France, known as the Bad Blood Scandal. The play provides a model of forgiveness and a …

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The Accelerating Degradation Of American Criminal Codes, Michael T. Cahill, Paul H. Robinson Jan 2005

The Accelerating Degradation Of American Criminal Codes, Michael T. Cahill, Paul H. Robinson

Faculty Scholarship

No abstract provided.

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Conflicting Stories And Reasonable Doubt: Variations On W. (D.)'S Theme, Steve Coughlan Jan 2005

Conflicting Stories And Reasonable Doubt: Variations On W. (D.)'S Theme, Steve Coughlan

Articles, Book Chapters, & Popular Press

Whether the guilt of an accused has been proven beyond a reasonable doubt is always a difficult issue, particularly so when the accused has testified. There is little difficulty when an accused's exculpatory testimony is accepted by the trial judge, since that of course leads unambiguously to an acquittal. More complex is the situation where a trial judge does not simply accept the accused's version of events — that is, most of the time. In those circumstances, trial judge must embark down the twisty road of deciding whether disbelieved testimony can nonetheless result in an acquittal, or alternatively whether an …

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The New Universal Jurisdiction: In Absentia Signaling Over Clearly Defined Crimes, Anthony J. Colangelo Jan 2005

The New Universal Jurisdiction: In Absentia Signaling Over Clearly Defined Crimes, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

No abstract provided.

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Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti Jan 2005

Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti

Kentucky Law Journal

No abstract provided.

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Summary Of Wright V. Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 14, Scott Mcdonald Jan 2005

Summary Of Wright V. Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 14, Scott Mcdonald

Nevada Supreme Court Summaries

The defendant appealed the Department of Motor Vehicles’ (DMV) revocation of his driver’s license because he believed the arresting officer was without reasonable grounds for ordering an evidentiary blood alcohol test.2 Defendant also challenged the reliability of the field sobriety test (“FST”) as administered and questioned whether the DMV revoked his privileges with proper authority.3

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A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers Jan 2005

A Jurisprudence Of Doubt: Missouri V. Seibert, United States V. Patane, And The Supreme Court's Continued Confusion About The Constitutional Status Of Miranda, Johnathan L. Rogers

Oklahoma Law Review

No abstract provided.

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The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffery Fagan Jan 2005

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffery Fagan

Faculty Scholarship

Shortly after the U.S. Supreme Court issued its decision in Atkins v. Virginia holding that the execution of mentally retarded persons violated the Eighth Amendment, legal scholars, advocates, and journalists began to speculate that the Court would next turn its attention to the question of the execution of persons who were juveniles – below eighteen years of age – at the time they committed homicide. Following the Atkins decision, four Justices expressed the view that the rationale of Atkins also supported the conclusion that execution of juvenile offenders was unconstitutional. A constitutional test of capital punishment for juveniles was inevitable. …

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An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried Jan 2005

An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried

University of Richmond Law Review

No abstract provided.

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Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik Jan 2005

Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik

Cardozo Law Review

How ought a democracy select its judges? Critics in Canada, England, and Wales invoke the democratic values of accountability and transparency to call for a diminution in prime ministerial control over judicial appointments. In the United States, Article III of the Constitution's text directs that the President nominate - with the advice and consent of the Senate - life-tenured federal judges. Bitter conflicts about particular nominees have produced many proposals for changes of that system. And in those states that rely on various forms of judicial election, concerns focus on funding and campaigning. In short, both globally and locally, democracies …

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The Crime Victim's Right To Attend The Trial: The Reascendant National Consensus, Douglas Evan Beloof, Paul Cassell Jan 2005

The Crime Victim's Right To Attend The Trial: The Reascendant National Consensus, Douglas Evan Beloof, Paul Cassell

Utah Law Faculty Scholarship

This article contends that crime victims should have an unequivocal right to attend a criminal trial, even in cases where they will be called as witnesses. A victim's right to attend trial has strong historical support, as at common law victims attended trial as private prosecutors. More recently, crime victims' rights legislation passed in the majority of states recognizes the victim's right to attend. Nothing in the Constitution prevents victims from attending trial, and strong public policy reasons support such an approach. Observing the trial can have import therapeutic and other benefits for victims. Any risk of prejudice to a …

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Are The 1949 Geneva Conventions Self-Executing Treaties For Purposes Of Challenges To Military Commissions Procedures?, Rachel E. Cohen Jan 2005

Are The 1949 Geneva Conventions Self-Executing Treaties For Purposes Of Challenges To Military Commissions Procedures?, Rachel E. Cohen

War Crimes Memoranda

No abstract provided.

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Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries Jan 2005

Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries

Faculty Law Review Articles

Domestic violence offenses are difficult to prosecute because the batterer's actions often make the victim unavailable to testify. Since the mid- 1990s, prosecutors have pursued "victimless" prosecutions' to combat the problem.2 Victimless prosecutions seek to introduce reliable evidence without the victim's in-court testimony, often to maintain the victim's safety or to avoid re-victimizing the victim.3 The victimless prosecution is based largely on the admission of hearsay statements that a victim makes to 911 operators, police officers, doctors, nurses, paramedics, and social workers.4 Victimless prosecution has been a highly successful tool in society's efforts to eradicate domestic violence and it is …

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Sentencing: Learning From, And Worrying About, The States, Gerard E. Lynch Jan 2005

Sentencing: Learning From, And Worrying About, The States, Gerard E. Lynch

Faculty Scholarship

The Columbia Law Review's Symposium on sentencing, which took place less than two weeks after the Supreme Court's dramatic semi-invalidation of the federal sentencing guidelines, was certainly timely. Nevertheless, it is critical to understanding the Symposium's purposes to realize that it was not planned in response to United States v. Booker, or even to Blakely v. Washington. The Symposium was conceived before either case was decided, as a very conscious attempt to steer the discussion of sentencing away from Congress and the federal guidelines and toward states' experiences. The vast majority of criminals are sentenced in state …

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Justice And Fairness In The Protection Of Crime Victims, George P. Fletcher Jan 2005

Justice And Fairness In The Protection Of Crime Victims, George P. Fletcher

Faculty Scholarship

In this Article, Professor Fletcher discusses the crucial distinction between justice and fairness-as well as its effect on the shifting "boundaries of victimhood "-from a comparative viewpoint by examining the approaches that various human rights instruments take to the problem of victims' rights. While the European Convention on Human Rights represents an evolving "middle ground" in the treatment of victims' rights (such recent cases as X. & Y. v. The Netherlands, A. v. United Kingdom, and M.C. v. Bulgaria are examined), only the Rome Statute of the International Criminal Court gives real priority to victims of crime with …

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Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster Jan 2005

Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, entered after jury verdict, for one count of attempted sexual assault.

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Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross Jan 2005

Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross

Nevada Supreme Court Summaries

Defendant Martha Flores was found guilty of first-degree murder by child abuse of her five-year-old stepdaughter, Zoraida Flores. Postmortem examinations concluded that the child had been physically abused and her death was caused by a blunt-force trauma to the head. Flores resided with her husband, Jose Flores, his five-year-old daughter Zoraida, Flores’ daughters and mother and an infant. Flores was the primary caregiver of the family while Jose worked to support them. On January 28, 2001, emergency medical personnel responded to the Flores’ apartment and provided assistance to Zoraida. They were unable to resuscitate the child. The postmortem examination of …

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Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka Jan 2005

Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka

Nevada Supreme Court Summaries

Troy Anthony Foster, appellant, was charged with four counts of sexual assault and one count of kidnapping. A jury found Foster guilty of three counts of sexual assault and acquitted him on one count of sexual assault and of kidnapping. Foster appealed his conviction asserting five assignments of error. The Nevada Supreme Court rejected Foster’s contentions concluding in part the evidence presented at trial was more than sufficient to sustain the jury’s verdict. Foster then filed a post-conviction petition for a writ of habeas corpus in district court, claiming ineffective assistance of both trial and appellate counsel. The district court …

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Summary Of Garcia V. State , Justin L. Carley Jan 2005

Summary Of Garcia V. State , Justin L. Carley

Nevada Supreme Court Summaries

Ramon Garcia appealed his convictions for: (1) burglary while in possession of a firearm, (2) robbery with the use of a deadly weapon, (3) first-degree kidnapping, 4. conspiracy to commit burglary, (5) another burglary while in the possession of a firearm, 6. conspiracy to commit robbery, (7) attempted robbery with the use of a deadly weapon, and 8. false imprisonment. Garcia argued that: (1) the jury instruction on false imprisonment was improper, (2). the state presented insufficient evidence to support a verdict on kidnapping and false imprisonment, (3) the district court erroneously failed to hold a hearing on his motion …

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Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins Jan 2005

Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins

Nevada Supreme Court Summaries

In April 2001, Hymon stole a purse from a woman in the lobby of an auto repair shop. He ran, and two of the shop’s mechanics pursued him. They caught up to him when he fell on the curb, but he stood and swung a four- to six-inch long pocketknife. They backed away, allowing him to escape, but the police apprehended him shortly thereafter. After Hymon requested to represent himself, the district court conducted a Faretta canvass,2 and concluded that Hymon was competent to waive his right to counsel. Hymon was uncooperative and unwilling to communicate with the prosecutor, so …

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Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan Jan 2005

Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan

Nevada Supreme Court Summaries

Petitioner, seeking a writ of mandamus, contended that the district court abused its discretion by awarding defendant credit against her prison sentence for time served on house arrest as a condition of bail.

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Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr. Jan 2005

Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr.

Nevada Supreme Court Summaries

In November 2003 the Las Vegas Metropolitan Police Department executed a decoy operation targeting the crime of robbery. An officer was posed on a public street dressed as an intoxicated, off-duty casino dealer with a stack of twenty one-dollar bills visible in his left dress shirt pocket. The defendant approached the officer, made conversation and casually removed the dollar bills while placing his arm around the officer. When the officer acted as though he was turning his head to catch the defendant in the act, the defendant pushed the officer’s head away with his forearm twice. The defendant was arrested …

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Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen Jan 2005

Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen

Articles & Chapters

No abstract provided.

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Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann Jan 2005

Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

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The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas Jan 2005

The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas

Articles

No abstract provided.

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Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso Jan 2005

Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

In 2003, the Florida District Court of Appeal reversed the murder conviction and life sentence imposed on Lionel Tate, who was twelve years old when he killed his six-year-old neighbor. Since Lionel was reported to be the youngest person in modern times to be sent to prison for life, the case had generated considerable debate, and the decision was appealed on several grounds. What persuaded the appellate court that the conviction could not stand, however, was the trial court's rejection of a petition by Lionel's attorney for an evaluation of his client's competence to assist counsel and to make a …

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Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai Jan 2005

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai

Oklahoma Law Review

No abstract provided.

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Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires Jan 2005

Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires

Kentucky Law Journal

No abstract provided.

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Data Matching, Data Mining, And Due Process, Daniel J. Steinbock Jan 2005

Data Matching, Data Mining, And Due Process, Daniel J. Steinbock

Georgia Law Review

The Article concerns the governmental use of computerized data matching (comparison of records) and data mining (profiling),which increasingly are aimed at locating potential terrorists. The most striking aspect of virtually all anti-terrorist data matching and data mining decisions is the total absence of even the most rudimentary procedures for notice, hearing, or other opportunities for meaningful participation before, or even after, the deprivation is imposed. The Article evaluates under Fourth Amendment and due process standards a variety of law enforcement activities data matching or data mining might instigate. After reviewing these activities' potential effects on private, governmental, and accuracy interests, …

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