Law Enforcement and Corrections Commons^™

The Lawyer's Role When The Defendant Seeks Death, Ross E. Eisenberg

Capital Defense Journal

No abstract provided.

Duncan V. Walker 121 S. Ct. 2120 (2001)

Capital Defense Journal

No abstract provided.

Penry V. Johnson 121 S. Ct. 1910 (2001)

Capital Defense Journal

No abstract provided.

Rose V. Lee 252 F.3d 676 (4th Cir. 2001)

Capital Defense Journal

No abstract provided.

United States V. Boone 245 F.3d 352 (4th Cir. 2001)

Capital Defense Journal

No abstract provided.

Beck V. Angelone 261 F.3d 377 (4th Cir. 2001)

Capital Defense Journal

No abstract provided.

Burlile V. Commonwealth 544 S.E.2d 360 (Va. 2001)

Capital Defense Journal

No abstract provided.

Bums V. Commonwealth 541 S.E.2d 872 (Va. 2001)

Capital Defense Journal

No abstract provided.

Lenz V. Commonwealth 544 S.E.2d 299 (Va. 2001) Remington V. Commonwealth 551 S.E.2d 620 (Va. 2001)

Capital Defense Journal

No abstract provided.

Powell V. Commonwealth 552 S.E.2d 344 (Va. 2001)

Capital Defense Journal

No abstract provided.

Gregory V. Commonwealth No. 1671-99-2, 2001 Wl 242227, At *1 (Va. Ct. App. March 13, 2001)

Capital Defense Journal

No abstract provided.

Smith V. Commonwealth 542 S.E.2d 803 (Va. Ct. App. 2001)

Capital Defense Journal

No abstract provided.

Va. Code Ann. S 19.2-270.4:1 (Michie Supp. 2001) Va. Code Ann. Ss 19.2-237.1 To 19.2-237.6 (Michie Supp. 2001)

Capital Defense Journal

No abstract provided.

Tyler V. Cain 121 S. Ct. 2478 (2001)

Capital Defense Journal

No abstract provided.

Virginia Capital Case Clearinghouse Verdict Forms, Second Edition

Capital Defense Journal

No abstract provided.

A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru

Buffalo Public Interest Law Journal

No abstract provided.

Damages To Deter Police Shootings, W. Kip Viscusi, S. Jeffrey

Vanderbilt Law School Faculty Publications

Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. This Article proposes a revamping of existing incentives to both provide more adequate compensation to the victims' families and to establish levels of deterrence that are sufficient to curtail unjust fatalities. There are legal criteria for what level of force is "reasonable," but determining reasonableness in practice may be difficult. Practical guidance such as the "21-foot rule" for the threat to warrant a shooting is often problematic. …

Treading The Thin Blue Line: Military Special-Operations Trained Police Swat Teams And The Constitution, Karan R. Singh

William & Mary Bill of Rights Journal

The increasing use of SWAT teams and paramilitary force by local law enforcement has been the focus of a growing concern regarding the heavy-handed exercise of police power. Critics question the constitutionality of joint-training between the military and civilian police, as well as the Fourth Amendment considerations raised by SWAT tactics. This Note examines the history, mission, and continuing need for police SWAT teams, addressing the constitutional issues raised concerning training and tactics. It explains how SWAT joint-training with the military is authorized by federal law and concludes that SWAT tactics are constitutionally acceptable in a majority of situations. Though …

The World Trade Organization: Environmental Police?, Jane I. Yoon

Cardozo Journal of International and Comparative Law

The note examines the tension between the World Trade Organization's (WTO) primary goal of promoting free trade and its efforts to address environmental concerns. While the WTO has established mechanisms like the Committee on Trade and Environment (CTE) to reconcile trade and environmental issues, critics argue that its framework prioritizes trade over environmental protection. The note concludes that the WTO's environmental aspirations are commendable but ultimately impractical due to the inherent conflict between trade liberalization and environmental goals.

Institutionalized Discrimination And Sectarianism In Northern Ireland, Darlene E. Hall

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research and subsequent thesis is to explore the issue of institutionalized discrimination, sectarian and political harassment, and victimization in the North of Ireland.

Understanding the situation in the North of Ireland will contribute to an understanding of how minority groups experience oppression and domination from the power elite groups. Extralegal, improper, or unwarranted force by police and security force members receives special attention. Conflict theorists such as Bailey (1996), Skolnick and Fyfe (1993), Quinney (1970) and Chambliss (1994) are reviewed regarding the misuse of force by police. A review of literature reveals that discrimination and sectarian …

Sentencing In The States: The Good, The Bad, And The Ugly, Julie Stewart

Osgoode Hall Law Journal

Mandatory sentencing laws are responsible for the booming prison population in the United States. They are applied most frequently to crimes involving drugs and mandate harsh penalties of five, ten, twenty years or more behind bars for crimes involving no violence. Julie Stewart, President of the Families Against Mandatory Minimums Foundation (FAMM) and the sister of a marijuana user who spent five years in a federal prison, describes the unfairness of America’s sentencing policies, with a particular emphasis on the application of mandatory minimum sentences to drug-related convictions. These laws have led to a marked increase in the number of …

Distorting The Prosecution Process: Informers, Mandatory Minimum Sentences, And Wrongful Convictions, Dianne L. Martin

Osgoode Hall Law Journal

As the use of mandatory minimum sentences becomes more common in Canada, it is important to consider a range of potential consequences that are neither intended nor anticipated. This article considers the implications of mandatory minimum sentences in contributing to wrongful convictions. It considers the impact of these sentences on two significant processes in the criminal justice system, plea bargaining and the development of informers, and argues that both processes are vulnerable to distortions. These distortions, which include the wrongful conviction of innocent people, can be exacerbated by the threat of mandatory minimum prison sentences. In the case of plea …

Sexual Abuse Against Women In Prison, Brenda V. Smith

Project on Addressing Prison Rape - Articles

One of the by-products of the influx of women into correctional settings has been the emergence of sexual misconduct against women in prison as a major issue for corrections officials and attorneys who represent women. This article advocates for laws criminalizing sexual abuse of women inmates, as well as training to prevent such abuse.

Innocence Protection Act: Death Penalty Reform On The Horizon, Ronald Weich

All Faculty Scholarship

The criminal justice pendulum may be swinging back in the direction of fairness. The Innocence Protection Act of 2001, introduced in both the Senate and the House of Representatives earlier this year, promises meaningful reforms in the administration of capital punishment in the United States.

Unlike previous slabs at reform, the Innocence Protection Act (lPA) has a real chance to become law because it commands unusually broad bipartisan support. The Senate bill (S. 486) is sponsored by Democrat Pat Leahy of Vermont and Republican Gordon Smith of Oregon. The House bill (H.R. 912) is sponsored by Democrat Bill Delahunt of …

The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier

Osgoode Hall Law Journal

This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …

No One Can Serve Two Masters: Arguments Against Private Prosecutors, Matthew S. Nichols

Capital Defense Journal

No abstract provided.

Mickens V. Taylor No. 00-4, 2001 Wl 133196, At "1 (4th Cir. Feb. 16, 2001)

Capital Defense Journal

No abstract provided.

Establishing A Capital Defense Unit In Virginia: A Proposal To Increase The Quality Of Representation For Indigent Capital Defendants, Jeremy P. White

Capital Defense Journal

No abstract provided.

Lovitt V. Commonwealth 537 S.E.2d 866 (Va. 2000)

Capital Defense Journal

No abstract provided.

H.B. 2580 (Va. 2001)

Capital Defense Journal

No abstract provided.