Saundra D. Westervelt & Kimberly J. Cook,
Life After Death Row: Exonerees’ Search For
Community And Identity,
2013
Sam Houston State University
Saundra D. Westervelt & Kimberly J. Cook, Life After Death Row: Exonerees’ Search For Community And Identity, Jeanne Subjack
Qualitative Criminology (QC)
"Life After Death Row examines how individuals wrongly sentenced to death adjust to life after their release. The idea for the book arose in 2009, after Westervelt and Cook attended a conference and learned about the different aspects related to wrongful convictions that had yet to be addressed in academia. To gain a more thorough understanding of the events the participants experienced, the authors used life history and feminist methods to conduct their research. Although the current analysis is not necessarily focused on gender, feminist methods are useful here because they can be applied when a researcher “seeks an …
Conference Bibliography: Juvenile Justice 1999-2013,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Conference Bibliography: Juvenile Justice 1999-2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Juvenile Justice Conference
A selected bibliography was prepared in connection with the Juvenile Justice Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on April 12-13, 2013.
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush,
2013
Pepperdine University
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Summary Of Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22,
2013
Nevada Law Journal
Summary Of Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22, Michael Esposito
Nevada Supreme Court Summaries
This is an original writ of mandamus challenging the ruling of the Eight Judicial District Court of Nevada denying the motion to dismiss of the petitioner, Leopoldo Gonzalez. Gonzalez’s motion sought to dismiss criminal information under the Double Jeopardy Clause and collateral estoppel rule.
Summary Of Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17,
2013
Nevada Law Journal
Summary Of Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17, Brittnie Watkins
Nevada Supreme Court Summaries
The Court considered an appeal from a jury verdict convicting the defendant of conspiracy to commit murder, murder with the use of a deadly weapon and discharging a firearm at a vehicle.
Summary Of Truesdell V. State, 129 Nev. Adv. Op. No. 20,
2013
Nevada Law Journal
Summary Of Truesdell V. State, 129 Nev. Adv. Op. No. 20, Sean Africk
Nevada Supreme Court Summaries
The Court considered an appeal from a judgment of conviction, pursuant to a jury verdict, of invasion of the home in violation of a temporary protection order.
Time-Bars: Rico-Criminal And Civil Federal And State,
2013
University of Notre Dame
Time-Bars: Rico-Criminal And Civil Federal And State, G. Robert Blakey
Notre Dame Law Review
The article discusses the role of the Racketeer Influenced and Corrupt Organizations Act (RICO) in criminal proceedings. The Act considers several provisions including illegal services of drugs and gambling, corruption in labor or management relations, and commercial fraud such as bankruptcy and securities fraud. The Act applies criminal and civil sanctions including fines and imprisonment, forfeiture, and treble damage relief for persons who injured in business due to violation of law.
The International Criminal Court's Unjustified Jurisdiction Claims: Libya As A Case Study,
2013
Chicago-Kent College of Law
The International Criminal Court's Unjustified Jurisdiction Claims: Libya As A Case Study, Jennifer Nimry Eseed
Chicago-Kent Law Review
The International Criminal Court (ICC) is a treaty-based court that functions to end impunity for perpetrators of the gravest crimes that concern the international community. As of July 1, 2012, 121 have countries ratified the Rome Statute, the treaty governing the ICC, expressing their acceptance of the Court’s jurisdiction. The ICC is fully independent from the United Nations, yet the Rome Statute problematically allows for the United Nation’s Security Council to refer an issue to the ICC, whether or not the issue relates to a country that has ratified the treaty. This Note uses the 2011 conflict in Libya to …
When Does Sleaze Become A Crime? Redefining Honest Services Fraud After Skilling V. United States,
2013
Chicago-Kent College of Law
When Does Sleaze Become A Crime? Redefining Honest Services Fraud After Skilling V. United States, Teresa M. Becvar
Chicago-Kent Law Review
Honest services fraud, which is defined as a scheme or artifice to deprive another of the intangible right of “honest services,” is just one tool in the federal government’s extensive arsenal used to prosecute public corruption and private corporate fraud. The Supreme Court curtailed the expansion of this versatile theory twice in the past three decades, most recently in June 2010 in Skilling v. United States. In Skilling, the Court held, inter alia, that the federal honest services statute covers only bribery and kickback schemes and not undisclosed self-dealing. Months later, members of Congress proposed the Honest Services …
Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship,
2013
University of Missouri School of Law
Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship, Paul J. Litton
Faculty Publications
Evidence that some executed prisoners suffered excruciating pain has reinvigorated the ethical debate about physician participation in lethal injections. In widely publicized litigation, death row inmates argue that the participation of anesthesiologists in their execution is constitutionally required to minimize the risk of unnecessary suffering. For many years, commentators supported the ethical ban on physician participation reflected in codes of professional medical organizations. However, a recent wave of scholarship concurs with inmate advocates, urging the law to require or at least permit physician participation.
Child Pornography And The Restitution Revolution,
2013
University of Kentucky College of Law
Child Pornography And The Restitution Revolution, Cortney E. Lollar
Law Faculty Scholarly Articles
Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure from traditional concepts of restitution. This Article offers the first critique of this restitution revolution. Traditional restitution is grounded in notions of unjust enrichment and seeks to restore the economic status quo between parties by requiring disgorgement of ill-gotten gains. The restitution being ordered in increasing numbers of child pornography cases does not serve this purpose. Instead, child pornography victims are receiving restitution simply for having their images viewed. This royalty-type approach …
"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification,
2013
Benjamin N. Cardozo School of Law
"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification, Gilbert M. Rein
Cardozo Law Review
No abstract provided.
Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality,
2013
Benjamin N. Cardozo School of Law
Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality, Rachel Pecker
Cardozo Law Review
No abstract provided.
Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study,
2013
University of San Francisco School of Law
Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study, Steven F. Shatz, Terry Dalton
Cardozo Law Review
In the forty-year history of the Supreme Court's modern death penalty jurisprudence, two cases - Furman v. Georgia (1972) and McCleskey v. Kemp (1987) - stand out above all others. Both cases turned on the Court's consideration of empirical evidence, but they appear to have reached divergent - even altogether inconsistent - results. In Furman, the Court relied on statistical evidence that the death penalty was infrequently applied to death-eligible defendants to hold that the Georgia death penalty scheme was unconstitutional under the Eighth Amendment. In McCleskey, the Court, despite being presented with statistical evidence that race played …
Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?,
2013
School of Law, University of Warwick
Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan
Cardozo Journal of International and Comparative Law
The International Criminal Court (ICC) faces significant challenges in implementing victim participation as mandated by the Rome Statute, particularly in cases involving gender-based crimes. While victim participation is a groundbreaking feature of the ICC, its current system is overly burdensome, inconsistent, and ineffective, undermining the Court's core purposes of retribution, deterrence, and restorative justice. The ICC's reliance on state contributions for reparations and its failure to prosecute gender-based crimes vigorously further exacerbate these issues, raising concerns about fairness and efficiency in international criminal justice.
The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability,
2013
Benjamin N. Cardozo School of Law
The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour
Cardozo Journal of International and Comparative Law
The note argues that the political question doctrine should be narrowly applied to private military companies (PMCs) to ensure accountability while preserving the separation of powers. It critiques the inconsistent application of the Baker v. Carr six-factor test in PMC cases, which often shields these entities from liability. The proposed solution is a dual classification system for claims—distinguishing between commercial-related and combat-related activities—to provide clarity and prevent abuse of the doctrine. This approach aims to balance judicial oversight with respect for executive authority in sensitive military matters.
What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration,
2013
University of Michigan Law School
What The Sentencing Commission Ought To Be Doing Reducing Mass Incarceration, Lynn Adelman
Michigan Journal of Race and Law
Beginning in the 1970s, the United States embarked on a shift in its penal policies, tripling the percentage of convicted felons sentenced to confinement and doubling the length of their sentences. This shift included a dramatic increase in the prosecution and incarceration of drug offenders. As a result of its move toward long prison sentences, the United States now incarcerates so many people that it has become an outlier; this is not just among developed democracies, but among all nations, including highly punitive states such as Russia and South Africa, and also in comparison to the United States' own long-standing …
The Exclusionary Rule: Is It On Its Way Out? Should It Be?,
2013
Vanderbilt University Law School
The Exclusionary Rule: Is It On Its Way Out? Should It Be?, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This symposium, comprising six articles in addition to this one, was triggered by a spate of Supreme Court opinions occurring over the last seven years, all of which raise the two questions in the title to this article (which is also the title of the symposium). Since 1974, when United States v. Calandra definitively established deterrence as the primary objective of the suppression remedy, the Court has nibbled away at the exclusionary rule from a number of different directions. But the Court's decisions in Hudson v. Michigan (2006), Herring v. United States (2009), and Davis v. United States (2011) reveal …
The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew,
2013
William & Mary Law School
The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew, Kami Chavis Simmons
Faculty Publications
Whether from the media or the seemingly endless rotation of Law and Order episodes, many students enter law school with a great deal of knowledge about important concepts that dominate Criminal Law, including murder, manslaughter, conspiracy, self-defense, or insanity. This familiarity with criminal law presents a dual challenge for students and professors alike. First, as future lawyers, they must force themselves to think critically about these familiar topics, and despite their basic knowledge of the criminal justice system, students quickly learn that there is much more to criminal law than meets the eye. Second, part of this critical analysis requires …
The Problem With Misdemeanor Representation,
2013
University of Georgia
The Problem With Misdemeanor Representation, Erica J. Hashimoto
Scholarly Works
The failure to appoint counsel in misdemeanor cases may represent one of the most widespread violations of federal constitutional rights in criminal cases. A decade ago, in Alabama v. Shelton, the Supreme Court held that indigent defendants sentenced to suspended terms of incarceration in misdemeanor cases have a constitutional right to appointed counsel, even if the defendant is never actually incarcerated. Several factors contribute to this omission. First, some jurisdictions have simply refused to honor the Court's holding. Second, potentially unconstitutional barriers to the appointment of counsel-including prohibitively high fees imposed on defendants, failures to fully inform defendants of their …
