Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Nevada Law Journal
No abstract provided.
Preplea Disclosure Of Impeachment Evidence,
2012
Elisabeth Haub School of Law at Pace University
Preplea Disclosure Of Impeachment Evidence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Response to R. Michael Cassidy, Plea Bargaining, Discovery, and the Intractable Problem of Impeachment Disclosures, 64 Vand. L. Rev. 1429 (2011)
Steps To Alleviating Violence Against Women On Tribal Lands,
2012
University of Michigan Law School
Steps To Alleviating Violence Against Women On Tribal Lands, Anjum Unwala
University of Michigan Journal of Law Reform Caveat
One in three Native American women has been raped or has experienced an attempted rape. Federal officials also failed to prosecute 75% of the alleged sex crimes against women and children living under tribal authority. The Senate bill to reauthorize the 1994 Violence Against Women Act (VAWA) could provide appropriate recourse for Native American women who are victims of sexual assault. This bill (S. 1925), introduced in 2011, would grant tribal courts the ability to prosecute non-Indians who have sexually assaulted their Native American spouses and domestic partners. Congress has quickly reauthorized the Violence Against Women Act twice before. But …
Shaken Baby Syndrome As Felony Murder In North Carolina,
2012
Campbell University School of Law
Shaken Baby Syndrome As Felony Murder In North Carolina, Derick R. Vollrath
Campbell Law Review
This Article argues that the North Carolina criminal law’s treatment of Shaken Baby Syndrome should be reformed. Rather than leaving in place a legal regime that allows the state to prosecute all Shaken Baby Syndrome cases as first-degree murder, the law should distinguish between accidental and purposeful killings. If the state wishes to punish Shaken Baby Syndrome cases with special severity, the General Assembly should make this policy choice explicit. In making this argument, this Article proceeds in three parts. First, this Article examines how and why North Carolina subjects all Shaken Baby Syndrome deaths to prosecution as first-degree murder. …
No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims,
2012
University of Florida Levin College of Law
No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker
Animal Law Review
As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the …
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on female youth age 10-13
Brass Rings And Red-Headed Stepchildren: Protecting Active Criminal Informants,
2012
American University Washington College of Law
Brass Rings And Red-Headed Stepchildren: Protecting Active Criminal Informants, Michael L. Rich
American University Law Review
No abstract provided.
When Does Restitution Become Retribution?,
2012
Lincoln Memorial University - Duncan School of Law
When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier
Oklahoma Law Review
No abstract provided.
Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States,
2012
University of Oklahoma College of Law
Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States, Alexander J. Sisemore
Oklahoma Law Review
No abstract provided.
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on female youth age 14-18
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on sexual minority youth
Sexual Assault Cases In The Supreme Court Of Canada: Losing Sight Of Substantive Equality?,
2012
Allard School of Law at the University of British Columbia
Sexual Assault Cases In The Supreme Court Of Canada: Losing Sight Of Substantive Equality?, Emma Cunliffe
All Faculty Publications
The equality guarantee contained in section 15 of the Canadian Charter of Rights and Freedoms has prompted reforms that protect women as complainants in sexual assault cases. This article considers the effectiveness of these reforms. Part 2 supplies a history of the relationships between consent, trial procedure, and substantive equality in sexual assault law. The author argues that substantive equality has had a significant effect on both substance and procedure. Part 3 examines the impact of these reforms by considering the extent to which substantive equality has infused judicial reasoning and fact determination in contested sexual assault cases. Specifically, the …
The Delinquent “Toddler”,
2012
Elisabeth Haub School of Law at Pace University
The Delinquent “Toddler”, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
Twenty-first century juvenile justice jurisprudence has focused on the criminal responsibility of adolescents, including, notably, the interface between psychological and neurological development and social accountability. The focus has led to a growing awareness that teenagers should not be equated with or held as accountable as adults. For example, several states, including Connecticut, Illinois, and Mississippi, have raised the age of criminal responsibility from 16 or 17 to 18, with a corresponding expansion of juvenile court jurisdiction. Of potentially greater significance, the principle of diminished criminal responsibility has gained credibility. Witness, for example, the US Supreme Court holding that capital punishment …
Comptetency To Execute: Unjustified Forcible Medication Regimes And The Insanity Defense,
2012
Seton Hall Law
Comptetency To Execute: Unjustified Forcible Medication Regimes And The Insanity Defense, Ajay Gogna
Student Works
No abstract provided.
Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions,
2012
Georgetown University Law Center
Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan
Georgetown Law Faculty Publications and Other Works
A significant and growing portion of the United States population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes. …
Mission Creep In National Security Law,
2012
University of Florida Levin College of Law
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky
UF Law Faculty Publications
Many anti-terrorism measures are enacted with broad public support. There is often a general willingness on the part of the public to accept greater civil liberties deprivations in the face of a specific threat, or otherwise in times of general crisis, than would otherwise be the case. Sweeping anti-terrorism legislation is frequently crafted in reaction to the presence, or perceived presence, of immense, imminent danger. The medium and long-term consequences of the legislation may not fully be comprehended when political leaders and policymakers take swift action in the face strong public pressure in light of a recent terrorist attack or …
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court,
2012
University of Arkansas Little Rock
The Invalidity Of A Plea Of Guilty To A Criminal Offense Made By Video Teleconferencing When The Defendant Is Not Present In Open Court, William R. Simpson Jr., Clint Miller, David Sudduth
University of Arkansas at Little Rock Law Review
A guilty plea by a defendant is more than an admission of conduct; it is the nail in the coffin that closes the case and results in conviction. Despite the critical importance of this moment, Arkansas district and circuit courts are more commonly taking guilty pleas from defendants by video teleconferencing (VTC) instead of requiring defendants to be physically present in the courtroom. This essay sets forth three separate arguments in support of the notion that a guilty plea to a criminal offense by VTC without the defendant being present in open court is invalid as a matter of Arkansas …
Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law,
2012
University of Arkansas at Little Rock
Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law, Nicholas A. Kahn-Fogel
Law Faculty Scholarship
Since the Supreme Court established the current constitutional framework for determining the admissibility of eyewitness identification evidence in Manson v. Brathwaite in 1977, scientists and scholars who have evaluated the opinion have uniformly criticized it as insufficient to deter police from using flawed identification procedures and inconsistent with scientific evidence of the best ways to assess the reliability of evidence tainted by such procedures. Until now, however, the work of these scientists and scholars has been based primarily on simulation experiments and on a selective assortment of easily criticized judicial decisions applying Manson. This study provides the first systematic analysis …
Florida's Disregard Of Due Process Rights For Nearly A Decade: Treating Drug Possession As A Strict Liability Crime,
2012
St. Thomas University College of Law
Florida's Disregard Of Due Process Rights For Nearly A Decade: Treating Drug Possession As A Strict Liability Crime, Rachel A. Lyons
St. Thomas Law Review
This Article examines the United States Supreme Court's jurisprudence that constitutionally compels an analysis under the Due Process Clause for strict liability crimes, and how the Florida Legislature overstepped its due process limitations when it amended Florida's Drug Abuse Prevention and Control Law in 2002. Part I traces the evolution of mens rea in the criminal justice system. Part II provides a history of Florida's Drug Abuse Prevention and Control Law. Part III discusses the recent constitutional challenges to Florida's Drug Abuse Prevention and Control Law. Part IV explains why the United States Supreme Court cases addressing strict liability crimes …
United States V. Jones: Does Katz Still Have Nine Lives,
2012
District Court of Appeal of Florida, Third District
United States V. Jones: Does Katz Still Have Nine Lives, Kevin Emas
St. Thomas Law Review
This article explores the Court's recent retreat from the two-part Katz test, and an unexpected shift in the considerations the Court declared it will primarily rely upon when evaluating whether a Fourth Amendment search has occurred. Part I recounts the Court's early evolutionary Fourth Amendment cases, leading to the establishment in Katz of the "reasonable expectation of privacy" test by which a Fourth Amendment violation has since been measured. Part II explores significant cases involving electronic surveillance--GPS in particular, but also electronic eavesdropping through wiretapping and other then-evolving technologies. Part III analyzes the Court's decision in United States v. Jones, …
