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Undercover Policing, Overstated Culpability, Eda Katharine Tinto 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, Rebecca Lynne Vonderhaar 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, E. Lea Johnston 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, Uzi Vogelman, Asher Grunis, Noam Sohlberg 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, Nicholas De Sena 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, Tara Laterza 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, Jan Lucas 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, Dean M. Villani 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, Tiffany Frigenti 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, Bailey Ince 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, Caroline Knoepffler 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, Daniel Mortensen 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, Ian Farrell 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, Christina Magrans 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, Jenny Holligan, Mahdev Mohan 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, Kayla Feld 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, Amy Chmielewski 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?, Jens David Ohlin 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, Ty Alper 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, Donald A. Dripps 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.


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