Undercover Policing, Overstated Culpability,
2013
NYU School of Law
Undercover Policing, Overstated Culpability, Eda Katharine Tinto
Cardozo Law Review
This Article examines the legal doctrine of "sentencing manipulation," a claim, raised at the time of sentencing, in which the defendant argues that undercover police officers purposefully encouraged him to commit particular criminal conduct in order to expose him to a longer, and often mandatory, prison sentence. Currently, the claim of sentencing manipulation has no uniform definition or application and lacks a consistent animating theory. Based on traditional theories of punishment and the systemic interest in an accurate determination of a defendant's criminal culpability, this Article argues that inducements, used by undercover officers and their agents to encourage the suspect …
There Are No "Innocent Victims": The Influence Of Just World Beliefs And Prior Victimization On Rape Myth Acceptance,
2013
Old Dominion University
There Are No "Innocent Victims": The Influence Of Just World Beliefs And Prior Victimization On Rape Myth Acceptance, Rebecca Lynne Vonderhaar
Sociology & Criminal Justice Theses & Dissertations
Approximately 209,000 women report being raped every year. Of those 209,000 rapes, only 19,491 arrests were made (U.S. Department of Justice 2011). Furthermore, reports estimate that one out of every three women will be raped at some point in her life (Amir, 1971). The prominence of rape in the United States, as well as the disparity between documented rapes to the police and victim reports of rape, is problematic for researchers in fully understanding the breadth of the problem. Considering that rape occurs at such an overwhelmingly high rate and frequently goes unreported, it is important to understand the attitudes …
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness,
2013
University of Florida Levin College of Law
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
UF Law Faculty Publications
This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …
Tel Aviv-Jaffa District Commander V. Israel Internet Association,
2013
Supreme Court of Israel
Tel Aviv-Jaffa District Commander V. Israel Internet Association, Uzi Vogelman, Asher Grunis, Noam Sohlberg
Translated Opinions
Facts: In August 2010, the Israel Police ordered major Israeli Internet access providers to block access to eight gambling websites operating outside the State of Israel. The orders were based on section 229 of the Penal Law that permits the District Police Commander to order the closure of any illegal gaming, lottery, or gambling place. The access providers complied with the orders and the Israel Internet Association petitioned the Administrative Affairs Court against the District Commander, contesting the closure, in the interests of Israeli web-users and the general public. The Internet access providers did not petition against the closure of …
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches,
2013
Pace University School of Law
Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena
Pace Law Review
The nation’s struggle to balance individual rights of privacy and legitimate law enforcement efforts continues without any clear resolution in sight. The Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures, stating that search warrants shall be issued only with a showing of probable cause, a description of the place to be searched, and the persons or things to be seized. Complementing the warrant requirement is the principal that searches done without a warrant are per se unreasonable. The Supreme Court, however, has recognized exceptions to the warrant requirement under …
The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova,
2013
Touro Law Center
The Sanctity Of The Attorney-Client Relationship – Undermined By The Federal Interpretation Of The Right To Counsel - People V. Borukhova, Tara Laterza
Touro Law Review
No abstract provided.
A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden,
2013
Touro Law Center
A Cumulative Approach To Ineffective Assistance: New York’S Requirement That Counsel’S Cumulative Efforts Amount To Meaningful Representation - People V. Bodden, Jan Lucas
Touro Law Review
No abstract provided.
What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe,
2013
Touro Law Center
What Are We Searching For? Conditions, Elements, And Requirements For A Valid “Searching Inquiry” In The State Of New York - People V. Crampe, Dean M. Villani
Touro Law Review
No abstract provided.
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith,
2013
Touro Law Center
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Touro Law Review
No abstract provided.
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall,
2013
Touro Law Center
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince
Touro Law Review
No abstract provided.
Someone Call 911, Crawford Is Dying - People V. Duhs,
2013
Touro Law Center
Someone Call 911, Crawford Is Dying - People V. Duhs, Caroline Knoepffler
Touro Law Review
No abstract provided.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow,
2013
Pepperdine University
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Abandoning Objective Indicia,
2013
University of Denver
Abandoning Objective Indicia, Ian Farrell
Sturm College of Law: Faculty Scholarship
The Supreme Court recently held, in Miller v. Alabama, that mandatory life without parole for juveniles violates the Cruel and Unusual Punishment Clause of the Eighth Amendment. This Essay argues that, although the case’s result is important, Miller will gain long-term significance not because of what it holds, but because of what it heralds: a fundamental shift in the Court’s Eighth Amendment methodology—specifically, a move away from using “objective indicia” to determine society’s evolving standards. The Essay suggests that the Supreme Court replace its objective indicia analysis with the application of heightened scrutiny to “suspect categories” of punishment, namely, categories …
Competent Translation Of Hearsay,
2013
University of Tennessee
Competent Translation Of Hearsay, Christina Magrans
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Eccc’S Legacy For The Rule Of Law In Cambodia,
2013
Singapore Management University
Eccc’S Legacy For The Rule Of Law In Cambodia, Jenny Holligan, Mahdev Mohan
2008 Asian Business & Rule of Law initiative
No abstract provided.
Controlling The Prosecution Of Bribery: Applying Corporate Law Principles To Define A "Foreign Official" In The Foreign Corrupt Practices Act,
2013
University of Washington School of Law
Controlling The Prosecution Of Bribery: Applying Corporate Law Principles To Define A "Foreign Official" In The Foreign Corrupt Practices Act, Kayla Feld
Washington Law Review
This Comment focuses on the debate surrounding the definition of an “instrumentality” within the Foreign Corrupt Practice Act’s (FCPA) “foreign official” provision. The FCPA prohibits bribery of “foreign officials” but provides little guidance as to the types of entities included within the meaning of an “instrumentality.” The Department of Justice construes this term broadly and therefore can aggressively prosecute alleged corruption. This Comment argues that courts should provide guidance on the definition of a “foreign official” within the meaning of the FCPA by applying principles of control drawn from corporate law. Such guidance would accomplish three important tasks. First, it …
Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault,
2013
Brigham Young University Law School
Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault, Amy Chmielewski
Brigham Young University Education and Law Journal
No abstract provided.
Is Jus In Bello In Crisis?,
2013
Cornell Law School
Is Jus In Bello In Crisis?, Jens David Ohlin
Cornell Law Faculty Publications
It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …
Toward A Right To Litigate Ineffective
Assistance Of Counsel,
2013
Washington and Lee University School of Law
Toward A Right To Litigate Ineffective Assistance Of Counsel, Ty Alper
Washington and Lee Law Review
No abstract provided.
Why Gideon Failed: Politics And
Feedback Loops In The Reform Of
Criminal Justice,
2013
Washington and Lee University School of Law
Why Gideon Failed: Politics And Feedback Loops In The Reform Of Criminal Justice, Donald A. Dripps
Washington and Lee Law Review
No abstract provided.
